IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 WA.No. 2527 of 2007() --------------------- AGAINST THE JUDGEMENT/ORDER IN OP.23218/2000 Dated 25/05/2007 .................... APPELLANT/RESPONDENT: ----------------------------------------- THE DIRECTOR OF HEALTH SERVICES, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. BENNY GERVACIS RESPONDENT:PETITIONER: -------------------------------------------- MARIAM PHILIP, CHOOLLAMKUZHIYIL, DEVALOKAM P.O.,KOTTAYAM. BY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B.KOSHY & P.N.RAVINDRAN, JJ. -------------------------------------- W.A.No.2527 OF 2007 ------------------------------------- Dated 18th June, 2008 JUDGMENT Koshy,J . Petitioner while working in Health Service Department became eligible to the post of Chief Radiographer. She was having a Diploma in Certified Radiological Assistant Course and a certificate obtained from a reputed X-ray manufacturer and supplier in maintenance and repairs of X-ray units. She also possessed the academic qualification. By Ext.P6 she is certified to have successfully completed a short term training course conducted by Wipro GE Medical Systems on servicing and maintenance of X-ray equipments. She underwent the course on deputation by the Government as can be seen from Ext.P5. Since she was not allowed to draw the scale of pay applicable to Chief Radiographer, even though doing such duties, she again underwent a course from the Human Resources Development and Electronics leading to the issuance of a certificate to her by that institution and thereafter she was paid the scale of Chief Radiographer from 13/02/1996. According to the petitioner, she is entitled to the pay from the date of Ext.P6. Contention of the appellant State is that Ext.P6 certificate issued from the Wipro GE Medical Systems does not mention W.A.2527/2007 2 that it is a reputed X-ray manufacturer and supplier. Learned Judge found out in various instances that Government itself deputed candidates for getting training from that institute and that was accepted by the Government. So, on the facts and circumstances of the case, the learned Judge found that petitioner is entitled to get the pay of Chief Radiographer from the date of Ext.P6. We are of the opinion that the findings of the learned Judge is based on factual assessment and there is no need to interfere in the judgment. The appeal is dismissed. J.B.KOSHY JUDGE P.N.RAVINDRAN JUDGE tks