IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 23RD AUGUST 2011 / 1ST BHADRA 1933 WP(C).No. 5787 of 2008(L) -------------------------------------- PETITIONER(S): ------------------------- K.N.CHANDRAN, DISTRICT EDUCATION MEDIA OFFICER, DISTRICT MEDICAL OFFICE (HEALTH), KOTTAYAM (RESIDING AT BEENA SADANAM, VELLAVOOR P.O KOTTAYAM). BY ADVS. SRI.K.GOPALAKRISHNA KURUP, SRI.MANU.M.THOMAS. RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF THE HEALTH SERVICES, DIRECTORATE OF HEALTH SERVICE, THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER SMT. SUDHADEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.5787/2008 L APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE GOVT. ORDER NO.G.O.(MS) 407/94/H&FWD DTD.28/11/94. P2: COPY OF THE GOVT. ORDER NO.ED3- 114564/94/DHS DTD. 19/12/94. P3: COPY OF THE COMMON JUDGMENT IN O.P.NO.574/1995 AND CONNECTED CASES DTD. 6/02/2003. P4: COPY OF THE ORDER NO.FWA2-46372/98/DHS DD. 28/03/2003. P5: COPY OF THE LETTER DTD. 3/06/2005 OF THE ADDITIONAL CHIEF SECRETARY ADDRESS TO THE ACCOUNTANT GENERAL. P6: COPY OF THE REPRESENTATION DTD. 6/08/2005 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. P7: COPY OF THE LETTER DTD. 17/08/2005 BY THE DISTRICT MEDICAL OFFICER,KOTTAYAM. P8: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE ACCOUNTANT GENERAL DTD. 12/08/2005. P9: COPY OF THE REPRESENTATION SUBMITTED FROM THE PETITIONER TO THE 1ST RESPONDENT DTD. 29/03/2006. P10: COPY OF THE LETTER DTD. 9/10/2006 FROM THE 1ST RESPONDENT TO THE 2ND RESPONDENT. P11: COPY OF THE ORDER DTD. 1/06/1983. P12: COPY OF THE ORDER DTD. 27/07/1992. P11: (I.A.NO.13823/2011) - COPY OF THE GOVERNMENT ORDER DTD. 17/06/2006. P12: (I.A.NO.13823/2011)- COPY OF THE LETTER DTD. 17/03/2011 ISSUED TO THE PETITION BY THE ACCOUNTANT GENERAL. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss C.T. RAVIKUMAR, J. = = = = = = = = = = = = = WP(C).No.5787 of 2008-L. = = = = = = = = = = = = = Dated this the 23rd August, 2011. J U D G M E N T The petitioner was directly recruited as District Health Education Officer pursuant to the Special Recruitment Programme initiated in the year 1990. He joined in the said post on 18.8.1992. At the time of recruitment itself the post of District Health Education Officer was abolished and it was decided to re-designate the said post as District Education and Media Officer, it is contended. However, a perusal of Ext.P3 judgment would reveal that what was abolished is the designation of District Health Education Officer and it was re-designated as District Education and Media Officer as per GO(P)No.131/93/HD dated 1.6.1983. Despite such re-designation the petitioner was posted as District Health Education Officer on his direct recruitment. Ext.P1 Government Order dated 28.11.1994 would also reveal the same. Later, as per Ext.P2 order dated WP(C).No.5787/2008-L. 2 19.12.1994 three persons who were directly recruited along with the petitioner were posted as District Education and Media Officer taking into account the re-designation of the said post as per Ext.P1. Alleging that the said action on the part of the respondents in restricting it only in respect of three persons as arbitrary and discriminatory the petitioner had earlier approached this Court by filing OP.No.22682/1997. That writ petition was considered along with similar writ petitions and Ext.P3 Common Judgment was passed. Subsequently the second respondent as per Ext.P4 order posted the petitioner as District Education and Media Officer in Wayanad. Pursuant to the same, the Government by Ext.P5 letter dated 3.6.2005 informed the Accountant General that all the District Health Education Officers who have been posted as District Education and Media Officers as per Order dated 28.11.1994 are eligible for pay and allowances of District Education and Media Officers only with effect from the date of joining duty and post of District Education and Media Officers. On coming to WP(C).No.5787/2008-L. 3 know about Ext.P5 letter dated 3.6.2005 the petitioner submitted a representation claiming for pay and allowances as applicable to the post of District Education and Media Officer from 18.8.1992, the date of his joining duty as District Health Education Officer. The said request of the petitioner was ultimately, rejected as per Ext.P10 order of the second respondent. This writ petition has been filed challenging Exts.P5 and P10 and for consequential reliefs. 2. To contend that the said action is unsustainable the petitioner has produced Exts.P11 and P12. Ext.P11 would reveal that the then existing post of District Health Education Officer was re-designated as District Education and Media Officer as per Order dated 1.6.1983. During the pendency of this writ petition the petitioner has filed IA.No.13823/2011 along with Government Order dated 17.6.2006 and letter dated 17.3.2011 issued to the petitioner by the Accountant General respectively as Exts.P11 and P12 (sic., Exts.P13 and P14). It is contended that a perusal of Ext.P13 would reveal that one Sunil Kumar WP(C).No.5787/2008-L. 4 who was directly recruited along with the petitioner and posted as District Health Education Officer and thereafter posted in the re-designated post of District Education and Media Officer was ordered to be assigned his seniority with effect from 4.8.1990 in terms of Rule 27(c) of the General Rules of the Kerala State and Subordinate Services Rules. It is contended that all consequential benefits as per Ext.P13 were also granted to him. The petitioner has produced Ext.P14 to show that the said person was given benefits with effect from the date of assumption of his charge as District Health Education Officer. In the said circumstances, that the petitioner is also entitled to a similar treatment and he is entitled to get all benefits including fixation of pay with effect from the date of his joining duty viz., 18.8.1992, it is contended. 3. Evidently the request of the petitioner is for extending the same benefits as has been granted to similarly situated persons who were directly recruited to the post of District Health Education Officer and WP(C).No.5787/2008-L. 5 consequently given posting in the re-designated post. However, the claim of the petitioner is still pending before the respondents. The learned Senior Counsel appearing for the petitioner, in the said circumstances, submitted that the claim of the petitioner for the aforesaid benefits requires reconsideration especially in view of Exts.P13 and P14. 4. I have heard the learned Government Pleader, as well. Going by the contentions of the petitioner, persons who were directly recruited along with him and posted initially as District Health Education Officer and subsequently, posted in the re-designated post of District Health and Media Officer with effect from the date of their joining duty were given all benefits with effect from the original date of joining duty in the Department as District Health Education Officer. It is to substantiate the said contention the petitioner has produced Exts.P13 and P14. In the said circumstances, I am inclined to dispose of this writ petition with a direction to the first respondent to consider the claim of the petitioner for refixation of pay and WP(C).No.5787/2008-L. 6 allowances in the post of District Education and Media Officer with effect from 18.8.1992 and for arrears of pay subsequent to such fixation taking into account the benefits granted to similarly situated persons who were recruited along with the petitioner, as evident from Ext.P13. To enable such reconsideration Ext.P10 is set aside. The respondents shall consider the said claim of the petitioner expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment. In case it is found that the petitioner is similarly situated, the consequential benefits also shall be disbursed within a further period of two months. C.T. RAVIKUMAR, (Judge) Kvs/-