IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 12TH NOVEMBER 2009 / 21ST KARTHIKA 1931 WP(C).No. 31728 of 2009(I) -------------------------- PETITIONERS: 1. L.JAYACHANDRAN, LECTURER IN MECHANICAL ENGINEERING, GOVERNMENT POLYTECHNIC COLLEGE, ATTINGAL. 2. T.D. BABU, LECTURER IN MECHANICAL ENGINEERING GOVERNMENT POLYTECHNIC COLLEGE, CHERTHALA. 3. SOJAN P. ANTONY, LECTURER IN MECHANICAL ENGINEERING, MAHARAJA'S TECHNOLOGICAL INSTITUTE, THRISSUR. 4. D. PRAKASAN, LECTURER IN MECHANICAL ENGINEERING, GOVERNMENT POLYTECHNIC COLLEGE, KOTTAYAM - 13. 5. P.S BABU, WORKSHOP SUPERINTENDENT, LECTURER IN MECHANICAL ENGINEERING, GOVERNMENT POLYTECHNIC COLLEGE, KOTTAYAM -13. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.PETER JOSE CHRISTO SRI.S.A.ANAND SRI.RAMESH. C.R. SRI.K.V.VIMAL SRI.JOVY GEORGE VARGHESE RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001. 2. DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM, PIN - 695 033. BY SENIOR GOVT. PLEADER SRI. MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.31728 of 2009 -------------------------- Dated this the 12th November,2009 J U D G M E N T Petitioners herein are working as Lecturers in Mechanical Engineering in different Polytechnics in the State. Petitioners are seeking for a direction to the respondents to rectify the anomaly in the fixation of pay of the petitioners by refixing their pay at the stage equal to that fixed for their juniors in higher post with retrospective effect from the date on which the juniors were sanctioned their higher pay in the higher scale of pay with the benefit of arrears and disburse the monetary benefits consequent thereof within a time limit to be fixed by this Court. 2. They have also sought for a direction to the 1st respondent to dispose of Exts.P8 to P12 representations which are kept pending. 3. The main contention raised by the petitioner is that by virtue of Exts.P6 and P7, two juniors of the petitioners are drawing higher pay in the scale of pay higher than that of petitioners. This is an anomaly which W.P ( C) No.31728 of 2009 2 requires rectification. It is also explained that this anomalous situation arose because of the fact that petitioners could get their first promotion only after being sanctioned higher grade on completion of 10 years of service whereas, their juniors whose cases are covered by Exts.P6 and P7 could get the first promotion even before completing 10 years of service in the entry cadre and before being sanctioned first higher grade. It is contended that this anomaly resulted in discrimination and therefore pay has to be rectified by stepping up of the pay of the petitioners and making it equal to that of their juniors. 4. First petitioner had earlier moved the 2nd respondent. But his claim was rejected by Ext.P5. Against the same, the 1st writ petitioner has since filed Ext.P8 before the Government. 5 Learned Government Pleader, on instructions, submitted that as regards the representation submitted by the 1st petitioner, the same is pending before the Government and as regards the other petitioners, their representations in the matter are pending consideration W.P ( C) No.31728 of 2009 3 before the 2nd respondent. 6. Therefore, there will be a direction to the 1st respondent to take a decision on Ext.P8, after hearing the 1st petitioner within a period of three months from the date of receipt of a copy of this judgment. Exts.P9 to P12 have not been received in the Government since petitioners 2 to 5 have submitted the same before the 2nd respondent. Therefore, there will be a direction to the 2nd respondent to take a decision on the said representations, after hearing the petitioners 2 to 5 within a period of four months from the date of receipt of a copy of this judgment. Writ petition is accordingly disposed of. T.R RAMACHANDRAN NAIR, JUDGE ma W.P ( C) No.31728 of 2009 4 W.P ( C) No.31728 of 2009 5