IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 17TH DECEMBER 2008 / 26TH AGRAHAYANA 1930 WP(C).No. 37166 of 2008(Y) -------------------------- PETITIONER(S): --------------- 1. R.SARATH CHANDRAN, ASSISTANT MOTOR VEHICLES INSPECTOR, SUB REGIONAL TRANSPORT OFFICE, KARUNAGAPPALLY AND PRESIDENT, KERALA ASSISTANT MOTOR VEHICLES INSPECTORS' ASSOCIATION,"VYSAKH", TL 16/1039, JAGATHY, THIRUVANANTHAPURAM. 2. A.S.VINOD, ASSISTANT MOTOR VEHICLES INSPECTOR, SUB REGIONAL TRANSPORT OFFICE, ADOOR, SECRETARY, KERALA ASSISTANT MOTOR VEHICLES INSPECTORS' ASSOCIATION, THIRUVANANTHAPURAM. 3. MANOJ KUMAR.G, ASSISTANT MOTOR VEHICLES INSPECTOR, SUB REGIONAL TRANSPORT OFFICE, PERUMBAVOOR. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND SRI.R.VARUN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN:695 001. 2. SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN:695 001. 3. TRANSPORT COMMISSIONER, THIRUVANANTHAPURAM, PIN:695 014. BY GOVT.PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ====================================== W.P.(C)No.37166 of 2008 ====================================== Dated this the 17th day of December 2008 JUDGMENT Heard Sri.S.P.Aravindakshan Pillay, the learned counsel appearing for the petitioners and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioners are Assistant Motor Vehicle Inspectors in the Motor Vehicles Department. Petitioners 1 and 2 are also office bearers of the Kerala Assistant Motor Vehicle Inspectors' Association, a service organization recognized by the Government. In this Writ Petition, the petitioners project two grievances. Their first grievance is that till the 2006 pay revision order (G.O.(P) No.145/06/Fin.dated 25.3.2006) was issued, Assistant Motor Vehicle Inspectors in the Motor Vehicles Department and Sub Inspectors of Police in the General Executive Branch were placed in the same scale of pay and that while Sub Inspectors of Police were given a higher scale of pay in the 2006 pay revision order, Assistant Motor Vehicle Inspectors have been placed in the lower scale of pay, viz.Rs.7990-12930 while the pay scale of Sub Inspectors of Police stands revised from the pre-revised scale of Rs.4600-7125 to Rs.9190-15510. They have yet another grievance in the matter of grant of time bound higher grade promotions. Pointing out these anomalies and seeking rectification of the said anomalies, they have submitted Ext.P2 representation before the W.P.(C)No.37166/2008 2 Government of Kerala and Ext.P4 representation before the Principal Secretary to Government, Finance Department. In this Writ Petition, the petitioners inter alia pray for a writ in the nature of mandamus commanding the State of Kerala to consider Exts.P2 and P4 representations and to take a decision thereon within a time limit to be fixed by this Court. 3. As the grievance voiced by the petitioner relates essentially to revision of pay, it is primarily for the Government to decide the said issue. The petitioners also have a grievance regarding the terms on which the time bound higher grade promotions are granted to the Assistant Motor Vehicle Inspectors. In my opinion, as the petitioners have already moved the Government seeking reliefs in their regard, it is for the Government to consider their grievances and take a decision thereon. In these circumstances, I dispose of the Writ Petition with a direction to the first respondent to consider the grievances voiced by the petitioners in Exts.P2 and P4 representations and take a decision thereon, after affording the petitioners an opportunity of being heard. Final orders in the matter shall be passed within six months from the date of receipt of a copy of this judgment. P.N.RAVINDRAN, JUDGE css/