IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 7TH FEBRUARY 2011 / 18TH MAGHA 1932 WP(C).No. 3802 of 2011(A) ------------------------------------- PETITIONER(S): ----------------------- MINI V.R., HEAD NURSE, E.S.I. HOSPITAL, OLARIKKARA, THRISSUR. BY ADV. SRI.K.JAJU BABU, SMT.M.U.VIJAYALAKSHMI, SMT.DHANYA CHANDRAN, SRI.M.V.JOSEPH (ALAPPUZHA). RESPONDENT(S): -------------------------- 1. THE DIRECTOR OF INSURANCE MEDICAL SERVICE, TRIVANDRUM-695 001. 2. THE SUPERINTENDENT, E.S.I. HOSPITAL, OLARIKKARA, THRISSUR-12. R1 & R2 BY GOVT. PLEADER MR.SANDESH RAJA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/02/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.3802 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of February, 2011 J U D G M E N T The petitioner is now working as a Head Nurse in the Department of Insurance Medical Service of the Government of Kerala. As is revealed from Ext.P1, the petitioner was promoted to the post of Head Nurse with effect from 16.04.2005, although the petitioner joined duty pursuant to the promotion, only on 06.08.2005. Originally the petitioner was given salary with effect from 16.04.2005. The petitioner's pay in the promoted post was fixed with effect from 16.04.2005 as per option submitted by the petitioner, and salary was also paid with effect from that date. But later the arrears of salary for the period between 16.04.2005 to 06.08.2005 was recovered on 18.04.2007. Now on the ground that the petitioner's salary was wrongly fixed insofar as after joining duty on 06.08.2005 the petitioner cannot opt for coming over to the promoted scale W.P.(C)No.3802 of 2011 -2- of pay with effect from 16.04.2005, Ext.P1 audit objections were raised, against which Ext.P2 representation was filed by the petitioner. In the meanwhile Ext.P3 order has been passed based on the audit objection. The petitioner now seeks a direction to the 1st respondent to consider and pass orders on Ext.P2 as expeditiously as possible. Having heard the learned Government Pleader also, I dispose of this writ petition with a direction to the 1st respondent to consider and pass orders on Ext.P2 as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a certified copy of this judgment. Till then, Ext.P3 shall not be implemented. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/