IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 16TH NOVEMBER 2010 / 25TH KARTHIKA 1932 WP(C).No. 32926 of 2010(M) PETITIONERS: --------------- 1. BINDHUMOL THOMAS, QUALITY CONTROL ASSISTANT, RUBBER BOARD, KOTTAYAM-686 002. 2. MANJU SUSAN JOHN, QUALITY CONTROL ASSISTANT, RUBBER BOARD, KOTTAYAM-686 002. BY ADV. SRI.C.HARIKUMAR SRI.ARAVINDA KUMAR BABU T.K. SMT.MOLLY KOSHY RESPONDENTS: --------------- 1. UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF COMMERCE AND INDUSTRY (DEPARTMENT OF COMMERCE), UDYOG BHAGAN, NEW DELHI-01. 2. THE CHAIRMAN, RUBBER BOARD, P.B.NO.1122, SUB JAIL ROAD, KOTTAYAM-686 002. R1 BY ADDL.CGSC SRI.P.M.M.NAJEEB KHAN R2 BY ADV. SRI.V.ABRAHAM MARKOS SRI.MATHEWS K.UTHUPPACHAN SRI.BINU MATHEW SRI.TERRY V.JAMES SRI.B.J.JOHN PRAKASH SRI.TOM THOMAS (KAKKUZHIYIL) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 32926 OF 2010 M ------------------------------------------------------ Dated this the 16th day of November, 2010 JUDGMENT The petitioners are working as Quality Control Assistants in the Rubber Board. It is stated that they are Post Graduates in Chemistry. The petitioners are aggrieved by the anomaly in their scale of pay. They state that the employees working in the Rubber Board, having qualification of Graduation/Diploma are getting a higher scale of pay than that drawn by the petitioners. The petitioners submitted Exts.P4 to P6 representations in 2005 and 2006 pointing out the anomaly and requesting to rectify the anomaly. In response to Exts.P4 to P6 representations, in the 156th meeting of the Rubber Board held on 5.8.2006, it was decided to revise the scale of pay of Quality Control Assistants at Rs.4500-7000 (pre- revised), subject to the approval of the first respondent. As per Ext.P7 communication dated 25.10.2006, addressed by the Rubber Board to the first respondent, it was requested to approve the revised scale of pay of Quality Control Assistants. As per Ext.P8 reply to the Chairman of the Rubber Board, the first respondent sought clarification with whose approval the scale of pay of the post W.P.(C) NO.32926 OF 2010 M :: 2 :: of Shift Supervisor was upgraded. A reply was sent by the second respondent as per Ext.P9. The communications followed. Still, the matter has not been finalized by the first respondent. As per Ext.P13 dated 21.4.2010, the first respondent directed the second respondent to explore the possibility of delinking the issues and to formulate a separate proposal for upgradation of the pay scale of Quality Control Assistants. A detailed note on the proposal was also directed to be submitted. In compliance with Ext.P13, the Rubber Board issued Ext.P14 to the first respondent pointing out all the relevant details. It was pointed out that the basic educational qualification and nature of duties of Quality Control Assistants and Scientific Assistants are more or less the same. The Quality Control Assistants are required to possess three years' additional experience also. However, the scale of pay of Quality Control Assistants is less than the scale of pay of Scientific Assistant, Technical Assistant (Training) and Shift Supervisor. In Ext.P14, it was stated as follows: “It is clear from the above facts that there is an anomaly with respect to the pay of Quality Control Assistants considering qualification, experience and nature of work and they deserve the scale of pay of Rs.5200-20200 (PB1) with G.P.Rs.2800 (i.e. revised W.P.(C) NO.32926 OF 2010 M :: 3 :: scale of Rs.4500-7000). The financial implication involved in the revision of scale of pay of Quality Control Assistant is nominal as the Pay Band is the same and the change is only in the Grade Pay. A statement containing the details of financial involvement is enclosed for kind reference. In the light of the above, it is requested that orders may kindly be passed to revise the scale of pay of Quality Control Assistants from Rs.5200-20200 (PB1) with Grade Pay Rs.1900/- to Rs.5200-20200 (PB1) with Grade Pay Rs.2800/- at par with the scale of pay of similar posts with similar educational qualifications in the Board.” 2. Heard the learned counsel appearing for the petitioners and the learned Standing Counsel appearing for respondents 1 and 2. 3. The only relief sought for by the petitioners is to issue a writ of mandamus to the first respondent to consider Ext.P14 proposal and to pass orders thereon. In the facts and circumstances of the case, the Writ Petition is disposed of directing the first respondent to consider Ext.P14 W.P.(C) NO.32926 OF 2010 M :: 4 :: proposal dated 29.6.2010 submitted by the second respondent, and dispose of the same, as expeditiously as possible and, at any rate, within a period of three months from the date of receipt of a copy of the judgment. The petitioners shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent within a period of one month. (K.T.SANKARAN) Judge ahz/