IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 4TH DECEMBER 2008 / 13TH AGRAHAYANA 1930 WP(C).No. 11738 of 2008(V) -------------------------- PETITIONER(S): --------------- G. JAYAKUMARI, W/O.A.SOMARAJAN PLANNING SURVEYOR GR.II KERALA STATE LAND USE BOARD, THIRUVANANTHAPURAM. BY ADV. SRI.B.SATHIQ SRI.C.ANIRUDHAN RESPONDENT(S): --------------- 1. THE ADDL. CHIEF SECRETARY TO GOVT. FINANCE (PRC.C) DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM 2. THE LAND USE COMMISSIONER KERALA LAND USE BOARD, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.N.MANOJ KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ====================================== W.P.(C)No.11738 of 2008 ====================================== Dated this the 4th day of December 2008 JUDGMENT The petitioner is presently working as Planning Surveyor Grade II in the Kerala State Land Use Board. Her grievance is that when the 2006 pay revision was affected by Ext.P4 Government Order dated 25.3.2006, the scale of pay of Planning Surveyors Grade II in the Kerala Land Use Board, was not revised to make it conform to the scale of pay given to similar categories of posts in other Departments, viz. the Public Works Department, the Irrigation Department and the Harbour Engineering Department. When the 1997 pay revision was introduced by Ext.P2 Government Order dated 25.11.1998, the scale of pay of Planning Surveyor Grade II in the Kerala State Land Use Board was revised to Rs.3590-5400 from the then existing scale of pay of Rs.1125- 1720. This was the scale of pay of Draftsman Grade II/Overseer Grade II which are identical posts, in the Harbour Engineering Department, the Irrigation Department and the Public Works Department. Pursuant to the directions issued by this Court in O.P.No.4638 of 2001, the Government issued Ext.P3 order dated 8.6.2001 revising the scale of pay of Overseer Grade II/Draftsman Grade II in the Public Works Department, the Irrigation Department and the Harbour Engineering Department from W.P.(C)No.11738/2008 2 Rs.3590-5400 fixed in Ext.P2 Government order to Rs.4000-6090 with effect from 1.3.1997. By Ext.P4, the scale of pay of Rs.4000- 6090 was again revised as Rs.6680-10790. Planning Surveyors Grade II in the Town Planning Department and the Survey & Land Records Department were also given the revised scale of pay of Rs.6680-10790. The petitioner's grievance is that this benefit was not extended to Planning Surveyors Grade II in the Kerala State Land Use Board either at the time when Ext.P2 was issued or even when the 2004 pay revision was implemented by Ext.P4 order dated 25.3.2006. 2. The petitioner entered service on 15.11.2002, after Exts.P2 and P3 orders were issued. After entry in service and after Ext.P4 order was issued, she moved the Principal Secretary to Government, Finance Department, in representation dated 30.3.2006, requesting that the scale of pay of Planning Surveyor Grade II in the Kerala State Land Use Board may be revised as Rs.6680-10790, which is the scale of pay of equated categories of posts in other departments sanctioned as per Ext.P4. The said representation was rejected by the Government in letter dated 13.10.2006. She thereupon filed Ext.P5 representation dated 17.4.2007 and that was also rejected by Ext.P6 letter dated 4.1.2008. In this Writ Petition, the petitioner seeks a direction to the first respondent to rectify the anomaly in the pay revision order in so far as it relates to Planning Surveyors Grade II in the W.P.(C)No.11738/2008 3 Kerala State Land Use Board. The respondents have filed a counter affidavit contending that the duties and functions of Planning Surveyor Grade II in the Kerala State Land Use Board and Draftsman Grade II/Overseer Grade II in the Public Works Department, the Irrigation Department and the Harbour Engineering Department are different and distinct and that it was taking note of these aspects, that by Ext.P3 order, revision of pay was granted only to Overseers Grade II/Draftsman Grade II in the said three departments. 3. I have considered the submissions made at the Bar by the learned counsel appearing on either side. Ext.P2 pay revision order issued in the year 1998 discloses that prior to 1.3.1997 Draftsman Grade II/Overseer Grade II in the Public Works Department, the Harbour Engineering Department and the Irrigation Department were in the scale of pay of Rs 1125-1720. The post of Planning Surveyor Grade II in the Kerala State Land Use Board was also carrying the same scale of pay. By Ext.P2 itself, these categories of posts were placed in the revised scale of pay of Rs.3590-5400. Therefore, the post of Overseer Grade II/Draftsman Grade II in the said three departments and the post of Planning Supervisor Grade II in the Kerala State Land Use Board, were carrying the same scale of pay. When the employees of the Public Works Department, the Harbour Engineering Department and the Irrigation Department moved this Court by filing W.P.(C)No.11738/2008 4 O.P.No.4638 of 2001, this Court directed the Government to consider their grievances. The Government thereupon passed Ext.P3 order revising the scale of pay granted to Overseer Grade II/Draftsman Grade II in the Public Works Department, the Irrigation Department and the Harbour Engineering Department in Ext.P2 Government Order from Rs.3950-5400 to Rs.4000-6090. Similar benefit was however not extended to Planning Surveyors Grade II in the Kerala State Land Use Board. Till the date of Ext.P3, Planning Surveyors Grade II in the Kerala State Land Use Board were also carrying the same scale of pay as Draftsman Grade II/Overseer Grade II in the aforesaid three departments. This disparity was not examined or rectified even when the 2006 pay revision was implemented by Ext.P4 Government order dated 25.3.2006, though Planning Surveyors Grade II in the Town Planning Department and the Survey & Land Records Departments wee later given the revised scale of pay. The petitioner who entered service after Ext.P3 order was passed, brought this anomaly to the notice of the Government. The Government however rejected the petitioner's requests. 4. The learned counsel for the petitioner submits that the qualifications prescribed for Overseer Grade II and Draftsman Grade II in the aforesaid three departments and for the post of Planning Surveyor Grade II in the Kerala State Land Use Board are identical and that the nature of duties and functions are also W.P.(C)No.11738/2008 5 similar. He further submits that till Ext.P3 order was passed, all these posts were carrying the same scale of pay and that there is no reason why Planning Surveyors Grade II in the Kerala Land Use Board, alone should be denied the higher scale of pay sanctioned to Draftsman Grade II in the aforesaid three departments. The learned counsel for the petitioner submits that Planning Surveyors Grade II in the Town Planning Department and the Survey & Land Records Department were however given the scale of pay of Rs.6080-10790 by Ext.P4 government order issued in implementation of the 2006 pay revision. 5. After hearing the learned counsel on either side, I find merit and substance in the grievance voiced by the petitioner. Merely for the reason that the scale of pay of Draftsman Grade II/Overseer Grade II in the Public Works Department, the Irrigation Department and the Harbour Engineering Department was revised after Ext.P2 order was issued, it cannot be said that the posts of Overseer Grade II and the Draftsman Grade II in the said three departments are not identical to the post of Planning Surveyor Grade II in the Kerala State Land Use Board. Before Ext.P3, all these posts were carrying the same scale of pay. In my opinion, the Government ought to have when they revised the scale of pay of Overseer Grade II/Draftsman Grade II in the said three departments and the scale of pay of Planning Surveyors Grade II in the Town Planning Department and the Survey & Land Records W.P.(C)No.11738/2008 6 Department from Rs.3590-5400 to Rs.4000-6090, granted similar benefits to Planning Surveyor Grade II in the Kerala State Land Use Board also. This anomaly was not rectified even when Ext.P4 order was passed. I accordingly dispose of this Writ Petition with a direction to the respondents to rectify the anomaly in the scale of pay sanctioned to Planning Surveyors Grade II in the Kerala State Land Use Board and to make it on a par with the scale of pay sanctioned to the Overseer Grade II and Draftsman Grade II in the Public Works Department, the Irrigation Department and Planning Survyeors Grade II in the Town Planning Department and the Survey and Land Records Department with effect from the date on which the pay revision ordered in Ext.P4 took effect. P.N.RAVINDRAN, JUDGE css/