IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 2ND JANUARY 2009 / 12TH POUSHA 1930 OP.No. 35308 of 2002(C) -------------------------------- PETITIONER(S): ----------------------- A.JALEELA BEEVI, L.D.TYPIST, TALUK OFFICE, KOTTARAKKARA. BY ADV. SRI.S.KRISHNAMOORTHY RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. BOARD OF REVENUE, REPRESENTED BY THE SECRETARY, DEPARTMENT OF REVENUE, THIRUVANANTHAPURAM. 3. DISTRICT COLLECTOR, KOLLAM. BY GOVERNMENT PLEADER SMT. K. R. DEEPA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 02/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 35308 of 2002(C) APPENDIX PETITIONERS' EXHIBITS: EXT.P1 - TRUE COPY OF THE PROCEEDINGS NO. E1-8950/2000(i) DATED 23.5.2001 ISSUED BY THE 3RD RESPONDENT. EXT.P2 - TRUE COPY OF THE PROCEEDINGS NO. A2.15/2001 DATED 12.6.2001 ISSUED BY THE DEPUTY COLLECTOR, WAYANAD. EXT.P3 - TRUE COOPY OF THE ORDER NO. G.O.(MS) 4/61/PD DATED 2.1.61 ISSUED BY THE ADDL. SECRETARY, PUBLIC (SERVICES-B) DEPARTMENT. EXT.P4 - TRUE COPY OF THE ORDER NO. C3-905/99 DATED 17.8.1999 OF THE ASST. REGISTRAR, HIGH COURT OF KERALA. EXT.P5 - TRUE COPY OF THE ORDER NO. G.O.(MS) 128/88/G.EDN. DATED 9.8.1988 ISSUED BY GENERAL EDUCATION (J) DEPARTMENT. EXT.P6 - TRUE COPY OF THE BOARD OF REVENUE PROCEEDINGS NO. LR.G1-26480/84 DATED 26.7.84 ISSUED BY THE ASST. SECRETARY, BOARD OF REVENUE (LR) TRIVANDRUM. EXT.P7 - TRUE COPY OF THE JUDGMENT IN O.P. NO. 7629/99 DATED 25.6.2001 OF THIS HON'BLE COURT. // TRUE COPY // PA TO JUDGE rhs S.SIRI JAGAN, J - - - - - - - - - - - - - - - - - - - - - - - O.P.No.35308 of 2002 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 2nd day of January, 2009 J U D G M E N T The petitioner joined the Revenue Department of the Government of Kerala as L.D. Typist on 1.11.1996 in Wynad District. She was promoted as U.D. Typist on 1.11.1998. The petitioner requested for inter-district transfer to Kollam District. By Ext.P1 dated 23.5.2001, her request was granted and she was transfered as Junior most L.D. Typist in Kollam. However, the pay which the petitioner was drawn prior to the transfer is not being paid to the petitioner in Kollam District, is the grievance of the petitioner in this original petition. The petitioner therefore seeks the following reliefs: “1. to issue a writ of mandamus or other appropriate writ, order or direction, directing the respondents to fix the salary of the petitioner in the scale of U.D. Typist taking into account her previous service for increments, leave, pension etc. as stipulated in the Government Order. ii) to issue a writ of mandamus or other appropriate writ, order or direction, declaring that the Inter District Transfer of the petitioner from the post of U.D. Typist to L.D. Typist, her salary drawn by the petitioner on the date of such transfer shall be protected.” 2. With the help of a counter affidavit stated to have been filed, a copy of which has been made available for peruse, as the same is not O.P.No.35308 of 2002 - 2 - in the file, the Government Pleader opposes the prayers of the petitioner. According to the learned Government Pleader, on inter district transfer the petitioner is entitled to only the pay as applicable to Lower Division Typists. 3. I have considered the rival contentions in detail. 4. A learned Judge of this court had occasion to consider a similar claim by another U.D. Typist in O.P. No. 7629/1999. By Ext.P7 judgment, the learned judge held as follows in that Original Petition: “The petitioner entered service as Lower Division Typist in Idukki district which is a district wise category. The petitioner obtained promotion as Upper Division Typist in Idukki district itself. That also is a district wise category. The petitioner aspired for inter district transfer to Ernakulam. That is permissible only to categories to which scale of pay and method of appointment are one and the same. The petitioner can be promoted as U.D. Typist in Ernakulam district only if he had worked as L.D. Typist there. The petitioner never worked as L.D. Typist in Ernakulam. Therefore the petitioner cannot come over to Ernakulam on inter-district transfer as U.D. Typist is by district recruitment. So she can come to Ernakulam district only as L.D.Typist. It was in the above circumstance, applying G.O.(MS)4/61/PD the petitioner was granted a transfer as L.D.Typist to Ernakulam. The petitioner accepted that transfer. The petitioner cannot now contend that she shall be posted on such transfer as U.D.Typist. The only thing the petitioner can contend is protection of the salary that she was drawing as U.D.Typist while in Idukki district. Certainly that is a perfectly justified claim. Accordingly Original Petition is disposed of making it clear that the petitioner can continue in Ernakulam district as the Junior most L.D.Typist as on the date of joining duty in Ernakulam. But the salary drawn by the petitioner on the date of such transfer shall be protected.” (underlining supplied) O.P.No.35308 of 2002 - 3 - 5. As is clear from the facts narrated in that judgment the facts of this case are exactly identical to the facts in Ext.P7 judgment. That being so, the petitioner is also entitled to the same reliefs as in Ext.P7 judgment. Therefore the petitioner is entitled to the same salary the petitioner was drawing prior to the date of transfer to Kollam by Ext.P1 order. Orders revising the pay of the petitioner accordingly shall be passed and the arrears due to the petitioner shall be disbursed, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. This original petition is disposed of as above. S.SIRI JAGAN, JUDGE rhs