IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 WP(C).No. 18138 of 2008(H) -------------------------- PETITIONER: ------------ J.ABDUL KALAM S/O. JAMAL, AGED 58 YEARS RESIDING AT FATHIMA MANZIL, KAMBIVALAPPU ALISSERY WARD, ALAPPUZHA-1(X/RAY ATTENDER (HIGHER GRADE) RETD) E.S.I. HOSPITAL, ALAPPUZHA. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: ------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF LABOUR, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR INSURANCE MEDICAL SERVICES DEPARTMENT THYCAUD, TRIVANDRUM. 3. THE SUPERINTENDENT E.S.I. HOSPITAL, ALAPPUZHA. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).18138/2008 -------------------- Dated this the 18th day of June, 2008 JUDGMENT Petitioner commenced service on 2.6.1971 as Hospital Attender Grade-II and was given a transfer appointment as Nursing Assistant without giving promotion as Hospital Attender Grade-I. Apparently, the pay scales of Hospital Attender Grade-I and Grade-II were the same at that point of time and Ext.P2 order provided one advance increment for Hospital Attender Grade-I, on getting promotion from the post of Hospital Attender Grade-II. But there were anomalies in the implementation of Ext.P2 order and it came about that some juniors got higher pay than the senior. Petitioner points out that Rule 28A of Part-I of K.S.R provides for protection of pay of those employees who are given promotion to more that one post on the same date. It seems that pay fixed, in so far as the petitioner is concerned, under Ext.P4, was objected to by the Director of Insurance Medical Service, apparently after 17 years. In the meanwhile, petitioner retired from service on 30.9.2005 and his pay revision W.P.(C).18138/2008 2 arrears have not been disbursed on account of the view taken in Ext.P8 order. Petitioner has preferred a detailed representation before the Government as Ext.P9 and the same is pending consideration. 2. I heard learned counsel for the petitioner and the learned Government Pleader. 3. In the result, writ petition is disposed of directing the first respondent to consider and pass orders, after hearing the petitioner, on Ext.P9, within a period of three months from the date of receipt of a copy of this judgment. Petitioner shall produce a copy of the writ petition along with the copy of the judgment before the first respondent. V.GIRI, Judge mrcs