IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 24TH SEPTEMBER 2008 / 2ND ASWINA 1930 OP.No. 11689 of 2000(N) ---------------------------------- PETITIONER: ------------------- JOSE JACOB, S/O. CHACKO.C.K, AGED 38 YEARS, R/AT ENNAPPARA.P.O., THAYANNOOR VILLAGE, HOSDURG, KASARAGOD (DIST.). BY ADV. SRI.KODOTH SREEDHARAN. RESPONDENTS: ----------------------- 1. DISTRICT MEDICAL OFFICER, INDIAN SYSTEM OF MEDICINE, KASARAGOD, POST KANHANGAD. 2. DIRECTOR OF INDIAN SYSTEM OF MEDICINE, THIRUVANANTHAPURAM. 3. SENIOR SUPERINTENDENT, DISTRICT MEDICAL OFFICER, INDIAN SYSTEM OF MEDICINE, KASARAGOD. 4. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. NOBLE MATHEW. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 24/09/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 11689/2000-N: ORDER ON C.M.P. NO. 19116/2000 IN O.P. NO. 11689/2000-N DISMISSED 24/09/2008. SD/- KURIAN JOSEPH, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE REPRESENTATION SENT THE PETITIONER TO THE R.1. DTD. 20/09/91. EXT.P.2: COPY OF THE JUDGMENT IN O.P. 5702/95 DT. 08/09/98 BEFORE THIS HONOURABLE COURT. EXT.P.3: COPY OF THE REPRESENTATION SENT THE PETITIONER TO THE R.1. DTD. 03/10/98. EXT.P.4: COPY OF THE ORDER PASSED BY THE R.3. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. KURIAN JOSEPH, J. ----------------------------------------- O.P. No.11689 of 2000 ----------------------------------------- Dated this the 24th day of September, 2008 JUDGMENT Petitioner is aggrieved by the pay fixation made by the District Medical Officer. In paragraph 11 of the counter affidavit filed by the second respondent it is stated as follows:- “11. The averments in grounds C, D & E are denied. The petitioner entered in regular service as Pharmacist Gr.II on 1-1-1991 F.N. prior to that he acquired provisional service of two years (eleven months and eighteen days). Hence his pay was fixed at Rs.905/- w.e.f. 1-1-1991 in the scale of pay of Rs.865-1450, whereby by giving two increments in advance for his two years completed provisional service. Subsequently taking into account the regular service from 1-1-1991 to 12-1- 91 again he was granted increment w.e.f. 13-1-91 adding the balance of eleven months and eighteen days of provisional service and his pay was fixed at Rs.925/- w.e.f. 13-1-1991.” There is no reply affidavit. In case the petitioner has still any dispute on the situation as stated above, he may approach the Government in which case the matter will be duly considered by the Government with notice to the petitioner and appropriate orders in accordance with law in the matter will be passed within another four months. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- O.P. No.11689 of 2000 ----------------------------------- JUDGMENT 24th September, 2008