IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 WP(C).No. 24182 of 2011(W) ---------------------------------------- PETITIONER(S): ------------------------- N.GANGAKUMAR, AGED 50 YEARS S/O.K.K.NARAYANAN, KANDATHIL HOUSE KIDANGUR P.O, ANKAMALY ,NOW WORKING AS II GRADE OVERSEER, N.H.SUB DIVISION, ALUVA. BY ADV. SRI.PAULSON THOMAS RESPONDENT(S): ---------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVT, PUBLIC WORKS DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.PIN-695 001 2. CHIEF ENGINEER (ADMINISTRATION) PUBLIC WORKS DEPARTMENT THIRUVANANTHAPURAM.PIN-695 001 3. EXECUTIVE ENGINEER PWD, N.H.(B) DIVISION, KODUNGALLUR.PIN-683 125 4. ASSISTANT EXECUTIVE ENGINEER PWD, N.H.SUB DIVISION, ALUVA.PIN-683 101 BY SR GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/09/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.24182/2011 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE GO MS 6/2006 DATED 30/01/2006 P2 COPY OF THE G.O. DATED 25/6/2010. P3 COPY OF THE PROCEEDINGS OF THE 4TH RESPONDENT TO THAT EFFECT DATED 15/01/2004. P4 COPY OF THE REVISION OF PAY IN PURSUANCE TO G.O.P. 145/2006 P5 COPY OF THE AUDIT OBJECTION RECOMMENDING HIGHER PAY. P6 COPY OF THE RECTIFICATION PROCEEDINGS IN PURSUANT TO P5. P7 COPY OF THE CIRCULAR DATED 26/03/2011. P8 COPY OF THE OPTION GIVEN BY THE PETITIONER. P8(A) COPY OF THE LETTER DATED 2/08/2011 P9 COPY OF THE REPRESENTATION OF THE PETITIONER BEFORE THE GOVERNMENT. P10 COPY OF THE RELEVANT PART OF THE SCHEME FOR THE GRADE PROMOTION IN ANNEXURE 3 OF G.O.P. 145/2006 P11 COPY OF THE RELEVANT PART OF THE SCHEME FOR THE GRADE PROMOTION IN G.O.P.3000/1998. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.S.TO.JUDGE sts C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.24182 of 2011 ---------------------------------------- Dated 6th September, 2011 JUDGMENT The petitioner is presently working as Grade II Overseer in the Public Works Department. He is possessing the qualification of JTSLC (Junior Technical School Leaving Certificate. The petitioner is presently aggrieved by Ext.P7 and the consequential order passed on 2.8.2011 viz., Ext.P8(a). Evidently, two scales of pay have been prescribed on completion of 23 years of service. In the case of qualified hands a particular scale of pay has been prescribed and in the case of unqualified hands yet another scale of pay has been prescribed. The contention of the petitioner is that JTSLC qualified Overseers are entitled to the same scale of pay applicable to that of qualified hands in the matter of higher grade in pursuance of G.O.(P)No.145/2006/Fin. dated 25.3.2006 and G.O.(P) 80/2011. Raising his grievances against Ext.P7 and also the consequential order passed on 2.8.2011 viz. Ext.P8 (a) the petitioner has already approached the Government through Ext.P9 representation. The petitioner has taken up his claims and contentions in Ext.P9. In the said circumstances, without making any observation as to the merits of the said contentions as also the contentions in this writ petition, it is disposed of with a direction to the WP(C).No.24182/2011 2 first respondent to consider and pass orders on Ext.P9 expeditiously, at any rate, within a period of three months from the date of receipt of a copy of this judgment. Sd/- C.T.RAVIKUMAR Judge TKS