IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 OP.No. 19874 of 2002(N) ----------------------- PETITIONER(S): --------------- P.RAMACHANDRAN, AGED 42 YEARS, S/O.KESAVAN NAMBISAN, RESIDING AT ANCHUKUNNU, ANCHUKUNNU VILLAGE, MANANTHAVADY TALUK, WAYANAD DISTRICT, LD TYPIST, DISTRICT MEDICAL OFFICE HEALTH WAYANAD. BY ADV. SRI.KODOTH SREEDHARAN RESPONDENT(S): --------------- 1. THE PRINCIPAL SECRETARY OF GOVERNMENT, FINANCE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-1. 2. THE DISTRICT MEDICAL OFFICER(H), WAYANAD, MANANTHAVADY. GOVERNMENT PLEADER SRI.MANOJKUMAR. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 19/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: o.P. NO.19874/2002 A P P E N D I X PETITIONER'S EXHIBITS : EXT.P1 : TRUE COPY OF GO(MS) NO.511/90/FIN. DT. 12.10.1990. EXT.P2 : TRUE COPY OF THE RELEVANT PORTION OF THE ORDER NO.G.O.(P) 490/89/FIN. DT. 1.11.1989. EXT.P3 : TRUE COPY OF THE ORDER GO(P) NO.705/81/(372)/FIN. DT. 28.10.1981. EXT.P4 : TRUE COPY OF THE CIRCULAR NO.54/92(138)/FIN. DT. 6.11.1992. EXT.P5 : TRUE COPY OF THE LETTER NO.65525/PRC A1/2001/FIN. DT. 13.12.2001. EXT.P6 : TRUE COPY OF THE REPRESENTATION DT. 8.2.2002 TO THE FIRST RESPONDENT BY THE PETITIONER. EXT.P7 : TRUE COPY OF THE GOVT.LETTER NO.17693/R1/93/FIN. DT. 4.5.1993. KURIAN JOSEPH, J. ---------------------------------------------- O.P. No.19874 OF 2002 ---------------------------------------------- Dated 19th June, 2009. J U D G M E N T Petitioner approached this court with certain grievances regarding fixation of higher grade. According to the petitioner, the provisional service rendered by him prior to 1.10.1994 is liable to be counted for the purpose of increment, in case the scale of pay attached to the provisional service is identical with the scale of pay attached to the regular appointment. Learned Government Pleader however points out that stagnation in the time scale being the principle behind the time bound higher grade, appointment in a different department and in a different post cannot be counted on the only ground of identity in pay scale. Reliance is placed on the bench decision of this court in George Varghese v. State of Kerala (2006(3) KLT 852). The petitioner on the other hand places reliance on the decision of this court in Jose Jacob v. State of Kerala (1998(2) KLT 873). That was a case where the impact of pay revision in the existing scales was noted by this court. Be that as it may, the only prayer is for a direction to consider Ext.P6 in accordance with OP NO.19874/02 2 law. Therefore, there will be a direction to the first respondent to consider and pass orders on Ext.P6 expeditiously, at any rate, within three months from the date of production of a copy of the judgment. In case the petitioner seeks an opportunity for hearing, the same shall also be granted. It will be open to the petitioner to make a supplementary representation also. The writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. tgs KURIAN JOSEPH, J ---------------------------------------------- O.P. No.19874 OF 2002 ---------------------------------------------- J U D G M E N T Dated 19th June, 2009.