IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 WP(C).No. 11276 of 2007(P) -------------------------- PETITIONER(S): --------------- 1. YESODA.V, ATTENDANT, INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS, PALODE, PACHA P.O., THIRUVANANTHAPURAM. 2. T.MOHANAN, ATTENDANT, INSTITUTE OF ANIMAL HEALTH AND VETERINARY BIOLOGICALS, PALODE, PACHA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.A.RAJASIMHAN RESPONDENT(S): --------------- 1. SECRETARY TO GOVERNMENT OF KERALA, ANIMAL HUSBANDARY DEPARTMENT, SECRETARIAT, STATUE, THIRUVANANTHAPURAM. 2. DIRECTOR OF ANIMAL HUSBANDARY DEPARTMENT VIKAS BHAVAN, THIRUVANANTHAPURAM. 3. DIRECTOR, INSTITUTE OF ANIMAL HEALTH AND VATERINARY BIOLOGICALS, PALODE, PACHA P.O., THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.P.NANDAKUMAR FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR, J -------------------------------------------------- W.P.(C) NO:11276 of 2007 --------------------------------------------------- Dated this the 14th day of January, 2009 JUDGMENT The petitioners are working as attendants in the Institute of Animal Health and Veterinary Biologicals, Palode. The first petitioner retired from service on 31.3.2007 and second petitioner retired from service on 31.5.2007. According to the petitioners, there are more than 20 attendants in that office which is under the Animal husbandary department. 2. The petitioners are aggrieved by the inaction on the part of the respondents to disburse the risk allowance which was granted to various officers under the same institution. Ext.P1 is the annexure to the Pay Revision order of the year (G.O.(P) No.480/89/Fin. dtd.1.11.1989) which shows that the Laboratory Attenders of the Institute of Animal Health and Veterinary Biologicals, Palode and the Chief Disease Investigation Officer, Palode were granted risk allowance of Rs.15/- per month. 3. According to the petitioners, there are no sanctioned posts of Laboratory Attender in the said institution which is a fact admitted in the counter affidavit also. According to them the categorisation as Laboratory Attender has put the petitioners in trouble. The petitioners were appointed in the post of Attendants. The post of Laboratory Attender and Attendant are different wpc:11276 of 2007 2 categories by way of method of appointment, qualification, scale of pay etc. Risk allowance could not be given to the Attendants including the petitioners since the post of Attendant was not included in the list of eligible categories. This is a matter for the Government to consider. 4. Aggrieved by the same, the petitioners and other attendants of the said institution had made representations to the 1st and 2nd respondents. It is evidenced as Ext.P2 series and it appears that subsequent communication between the 1st and 2nd respondent in this regard shows that the petitioners' case was also recommended for grant of risk allowance. The petitioners may therefore, file a detailed representation before the Government within a period of one month from today. If such a representation is filed, the same may be considered on merits and if there is anomaly as such the Government may consider whether the same could be rectified and due benefit can be granted to the petitioners also. Appropriate action in this regard will be taken within a further period of six months. The Writ Petition is disposed of as above. No costs. T.R.RAMACHANDRAN NAIR, JUDGE bps