IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 7TH OCTOBER 2010 / 15TH ASWINA 1932 WP(C).No. 29101 of 2010(K) PETITIONERS: 1. BABY P.P., LECTURER IN MECHANICAL ENGINEERING, GOVERNMENT POLYTECHNIC COLLEGE, PERUMBAVOOR 2. C.K.MUHAMED SAGIR, LECTURER IN MECHANICAL ENGINEERING, SREE RAMA GOVERNMENT POLYTECHNIC COLLEGE THRIPRAYAR, VALAPPAD .O., 3. M.R.THOMAS, LECTURER IN MECHANICAL ENGINEERING, GOVERNMENT POLYTECHNIC COLLEGE, KORATTY, TRICHUR. 4. PRAVEEN KUMAR A.V., LECTURER IN MECHANICAL ENGINEERING, MAHARAJA'S TECHNOLOGICAL INSTITUTE, THRISSUR-20 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT HIGHER EDUCATION DEPARTMENT , SECRETARIAT, THIRUVANANTHAPURAM -PIN-695001. 2. DIRECTOR OF TECHNICAL EDUCAITON, THIRUVANANTHAPURAM, PIN-695033 GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 29101 OF 2010 K ------------------------------------------------------ Dated this the 7th day of October, 2010 JUDGMENT The petitioners are working as Lecturers in Mechanical Engineering in different institutions. The details regarding their appointments and promotions have been stated in paragraphs 1 to 3 of the Writ Petition, which read as follows: “1. The 1st petitioner was originally appointed as Draftsman Grade-II (Mechanical) in the Technical Education Department on the advice of the Kerala Public Service Commission, for short the P.S.C., as per order No.EC4/19214/87 dated 2.6.1987 of the Director of Technical Education. He joined duty on 23.6.1987. He was promoted to the category of Draftsman Grade-I as per order No.ECI/35864/92 dated 30.11.1995 of the 2nd respondent. On the basis of his acquisition of B.Tech. Degree, he was further promoted to the next higher category of Superintendent, Technical High Schools/Lecturer in Mechanical Engineering/Workshop Superintendent in Polytechnics/First Grade Instructor in Engineering Colleges based on the inclusion of his W.P.(C) NO.29101 OF 2010 :: 2 :: name in the Select List prepared by the Departmental Promotion Committee (Lower). He joined duty in the promoted category of post on 3.10.1998. 2. The 2nd petitioner was originally appointed as Demonstrator (Mechanical) on the advice of the Kerala Public Service Commission, as per order No.EC4/44735/84 dated 22.3.1985 of the 2nd respondent. He joined duty on 11.4.1985. He was provisionally appointed as Technical Assistant/Programmer in the post Diploma Course in Computer Application on acquisition of PGDTCA by order No.EC3/55475/92 dated 6.8.1993 of the 2nd respondent. He joined duty in that post on 27.8.1993. Based on the qualification of B.Tech, Degree in Mechanical Engineering possessed by him, the 2nd petitioner was promoted to the next higher category of Superintendent, Technical High School/Lecturer in Mechanical Engineering/Workshop Superintendent in Polytechnics/First Grade Instructor in Engineering Colleges based on the inclusion of his name in the Select List prepared by the Departmental Promotion Committee (Lower). He joined duty in the promoted category of post on 21.2.2000. 3. The petitioners 3 and 4 were originally appointed as Workshop Instructors (Mechanical). They W.P.(C) NO.29101 OF 2010 :: 3 :: were appointed on the basis of PSC advice as per order No.EC4/31691/89 dated 7.7.1989 of the 2nd respondent. The 3rd petitioner joined duty on 28.7.1989 and the 4th petitioner joined duty on 24.7.1989. On completion of 10 years of service as Workshop Instructors they were granted higher grade as per order Nos.EB4/28906/99 dated 20.7.2000 and EB4/12162/07 dated 27.2.2009 respectively of the 2nd respondent. The 3rd petitioner acquired AMIE Degree and the 4th petitioner acquired B.Tech Degree. On that basis they were promoted to the next higher category of Superintendent, Technical High Schools/Lecturer in Mechanical Engineering/ Workshop Superintendent in Polytechnics/First Grade Instructor in Engineering Colleges based on the inclusion of their name in the Select List prepared by the Departmental Promotion Committee (Lower). They joined duty in the promoted category of post on 21.2.2000 and 24.2.2000 respectively.” 2. The case of the petitioners is that the juniors to the petitioners are drawing higher pay and that there are anomalies in the fixation of pay. It is submitted that to avoid arbitrariness and discrimination, the anomaly requires to be rectified. Specific instances in which the juniors to the petitioners are drawing more salary have been stated in the Writ Petition. Pointing out the W.P.(C) NO.29101 OF 2010 :: 4 :: anomalies and praying for taking appropriate steps for rectification of the anomalies, the petitioners have submitted Exts.P9 to P12 representations before the Government. Exts.P9 to P12 representations are pending disposal. 3. The reliefs prayed for in the Writ Petition are the following: “(i) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to rectify the anomaly in the fixation of pay of the petitioners by re-fixing their pay at the stage equal to that fixed for their juniors in the higher post with retrospective effect from the date on which the juniors were sanctioned their higher pay in the higher scale of pay with the benefit of arrears and disburse the monetary benefits consequent on it within a time limit to be fixed by this Hon'ble Court. (ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the first respondent to dispose of Exts.P9 to P12 granting the request therein within a time limit to be fixed by this Hon'ble Court; and W.P.(C) NO.29101 OF 2010 :: 5 :: (iii) grant such other reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case including the costs of this Writ Petition (Civil).” 4. Learned counsel for the petitioners submitted that, for the time being, the petitioners would be satisfied if relief (ii) is granted, reserving all the contentions of the petitioners. 5. Since Exts.P9 to P12 representations are pending before the Government, it is not necessary to consider the contentions of the petitioners on the merits. It would be sufficient, for the time being, to issue a direction to the first respondent to dispose of Exts.P9 to P12 representations. Accordingly, the Writ Petition is disposed of as follows: (a) The first respondent shall consider and dispose of Exts.P9 to P12 representations submitted by the petitioners, as expeditiously as possible and, at any rate, within a period of three months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioners and any other affected party. W.P.(C) NO.29101 OF 2010 :: 6 :: (b) The petitioners shall produce a copy of the Writ Petition and a certified copy of the judgment before the first respondent. (K.T.SANKARAN) Judge ahz/