IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 WP(C).No. 20902 of 2005(L) -------------------------------------- PETITIONER: ------------ M.RAJARAJESWARI, BALAWADI TEACHER, EXTENSION TRAINING CENTRE, RURAL DEVELOPMENT DEPARTMENT, EXTENSION TRAINING CENTRE P.O., KOTTARAKKARA. BY ADV. SRI.P.K.VIJAYAMOHANAN SMT.A.KUMARI MINI RESPONDENTS: ---------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE COMMISSIONER, RURAL DEVELOPMENT DEPARTMENT, L.M.S.COMPOUND, TRIVANDRUM. 3. THE PRINCIPAL, EXTENSION TRAINING CENTRE, EXTENSION TRAINING CENTRE P.O., KOTTARAKKARA. BY GOVERNMENT PLEADER SRI.MATHEW VADAKKEL - R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).20902/2005-L APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE TRAINING CERTIFICATE OF THE PETITIONER DATED 28/07/1980. EXT.P2: COPY OF G.O.(MS)NO.21/94(4)/FIN. DATED 06/01/1994. EXT.P3: COPY OF COMMUNICATION NO.T.C.1-357/95 DATED 14/08/1996 FROM THE 3RD RESPONDENT TO 2ND RESPONDENT. EXT.P4: COPY OF REPRESENTATION DATED 07/07/1997 OF THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P5: COPY OF G.O.(P)NO.1562/99(27)/FIN. DATED 12/07/1999. EXT.P6: COPY OF COMMUNICATION NO.T.C.1-2226/04 DATED 07/02/2005 OF THE 3RD RESPONDENT TO THE PETITIONER. RESPONDENT'S EXHIBITS: EXT.R1: LETTER NO.1519/TRAI.2/96 CRD DATED 26/04/97 OF THE PRINCIPAL ETC KOTTARAKKARA. // TRUE COPY // P.S. TO JUDGE Rs/ T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) NO.20902 of 2005-L - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of July, 2008. JUDGMENT The petitioner is a qualified Balavadi Teacher who was appointed on 13.9.1993 as per the advice by the Public Service Commission. The grievance raised is the denial of pay at par with similarly placed employees in the Social Welfare Department, Prisons, Collegiate Education Department, Scheduled Caste/Schedule Tribe Department and in the Municipal Common Service. 2. Exts.P2 and P5 are the orders passed by the Government pursuant to the pay revision of Government employees, etc. In para 5 of Ext.P5, the revised scales have been made applicable to the category of teaching staff including Nursery Teachers having equation with P.D. Teacher Grade II and in various other departments. But the petitioner who is under the Rural Development Department, did not get the benefit. That has led to the present dispute and the petitioner had been representing the authorities for redressal of her grievance. It is contended that the qualification of Primary Department Teacher and Balavadi Teacher are the same. 3. In the counter affidavit, it is pointed out that in clause 5 of Ext.P5, WPC 20902/2005 -2- Balavadi Teachers of Rural Development Department were not included as a specified category and the matter has again been taken up and recommended to the first respondent. Thereafter, the then Pay Revision Committee was also moved for favourable orders in the matter. 4. In the reply affidavit, the petitioner has pointed out that in the subsequent pay revision order implemented with effect from 1.7.2005 which was issued based on the recommendation of the 8th Pay Commission, the petitioner has been given the scale of pay of Rs.6680-10790 which is the revised scale of pay of Rs.4000-6090 ordered in Ext.P5. 5. Apparently, the grievance is that for the interregnum, the benefit was denied to the petitioner. Now that the grievance has partially been redressed by the present pay revision, it is upto the petitioner to take up the matter to the first respondent by way of a fresh representation. If such a representation is filed by the petitioner within a period of one month from today, the first respondent will consider the same in accordance with law and pass appropriate orders within a further period of four months thereafter. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/