IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 WP(C).No. 25238 of 2008(D) -------------------------- PETITIONER: ------------- C.K.RAVIKUMAR, STORE KEEPER (RETIRED), DISTRICT TEXT BOOK DEPOT, ATTINGAL, THIRUVANANTHAPURAM, RESIDING AT RAMANS, AMRITHA NAGAR JUNCTION, KAIMANAM, THIRUVANANTHAPURAM. BY ADV. SRI.GOPAKUMAR R.THALIYAL RESPONDENTS: ---------------- 1. THE DISTRICT EDUCATIONAL OFFICER, ATTINGAL. 2. THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 4. THE TEXT BOOK OFFICER, OFFICE OF THE TEXT BOOK OFFICER, PADMAVILAS, FORT, THIRUVANANTHAPURAM. 5. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 6. THE ACCOUNTANT GENERAL (A&E) THIRUVANANTHAPURAM. BY SR.GOVERNMENT PLEADER SMT. M.R. SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN,J. ------------------------- W.P ( C) No.25238 of 2008 -------------------------- Dated this the 21st August, 2008 J U D G M E N T The petitioner is a pensioner. He retired from service as Store Keeper on 31.3.2005 while he was serving in the District Text Book Depot at Attingal in Thiruvananthapuram district. The petitioner was formerly working as U.D Clerk (Higher Grade) in the Education Department. He was appointed by transfer as Store Keeper in the District Text Book Depot, Attingal by Ext.P1 order passed on 7.9.1993. On completion of 10 years service as Store keeper, Higher Grade was sanctioned to him and his pay was fixed as per Exhibit P3 pay fixation statement by the District Educational Officer, Attingal. After the petitioner retired from service, the fixation was objected to and by Ext.P4 the petitioner was directed to refund the excess amount drawn by him for the period from 2.9.2003 ( the date on which Higher Grade was sanctioned to him) till 31.3.2005 (the date on which he W.P ( C) No.25238 of 2008 2 retired from service). 2. The petitioner thereupon submitted Exhibit P5 representation before the Director of Public Instructions objecting to Ext.P4. The Director of Public Instruction by Exhibit P6 letter rejected the said request. As a result of Exhibit P4, pensionary benefits were sanctioned to the petitioner ignoring the higher grade sanctioned to him on completion of 10 years of service as Store Keeper. In view of the stand taken by the Director of Public Instruction in Exhibit P6, the petitioner submitted Ext.P9 representation dated 30.11.2006 before the Secretary to Government, General Education Department, wherein, he has referred to and relied on Exhibit P7 Government Order and Exhibit P8 letter from the Director of Public Instructions to the District Educational Officer, Wayanad. The petitioner submits that by Exhibit P7 higher grade was sanctioned on completion of 10 years of service as Store Keeper to Sri.K.S.Swaminathan, who was working as Store Keeper in the District Text Book Depot at Palakkad and that by Exhibit P8 similar benefit was extended to Sri. John W.P ( C) No.25238 of 2008 3 Kuriakose, Store Keeper in the Text Book Depot at Wayanad. The petitioner submits that he has been discriminated against in the matter of grant of higher grade in the category of Store keeper on completion of 10 years of service. 2. I have heard Sri. Thaliyal R Gopakumar, the learned counsel appearing for the petitioner and Smt. M.R. Sreelatha, the learned Senior Government Pleader appearing for the respondents. As the petitioner has moved the State Government seeking similar orders as in the case of Sri.K.S.Swaminathan and Sri.John Kuriakose referred to in Exhibit P7 and P8 respectively, I am of the opinion that at least in the first instance, the Government should consider the matter on the merits. The petitioner submits that Exhibit P9 representation is still pending and has not been disposed of so far. In these circumstances, I dispose of this writ petition with a direction to the fifth respondent to consider and pass orders on Exhibit P9, after affording the petitioner an opportunity of being heard. This shall be done within a W.P ( C) No.25238 of 2008 4 period of three months from the date on which the petitioner produces a certified copy of this judgment before the Secretary to Government, General Education Department If the Government finds that the petitioner is entitled to the pay fixed in Exhibit-P3, needless to say his terminal benefits shall be revised and arrears disbursed expeditiously. (P.N.RAVINDRAN, JUDGE) ma W.P ( C) No.25238 of 2008 5 W.P ( C) No.25238 of 2008 6