IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 12106 of 2009(G) -------------------------- PETITIONER(S): --------------- SUSANIAMMA.E.J., AGED 56 YEARS, J.P.H.N. (RETIRED),NO.288/13, RAILWAY QUARTERS, NORTH RAILWAY COLONY HEMAMBIKA NAGAR, OLAVAKKODE, PALAKKAD DIST. BY ADV. SRI.P.VIJAYA BHANU SRI.V.A.JOHNSON (VARIKKAPPALLIL) RESPONDENT(S): --------------- 1. THE COMMISSION FOR SCHEDULED CASTE/ SCHEDULE TRIBE, LEGISLATURE SECRETARIAT COMPLEX, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HEALTH SERVICES TRIVANDRUM. 3. THE DISTRICT MEDICAL OFFICER OF HEALTH, PALAKKAD. BY G.P. SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 12106 of 2009-G - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of April, 2009. JUDGMENT The petitioner herein entered service as Junior Public Health Nurse Grade II in the Health Services Department on 26.3.1984. She belongs to Malayaraya which is a Scheduled Tribe. Even though the petitioner had failed in the S.S.L.C. examination, she was selected in the light of the Government Orders which allow relaxation for scheduled tribes in general qualification for the post of Junior Public Health Nurse. Thereafter, she had undergone the technical qualification, viz. Auxillary Nurses and Midwives training successfully. 2. The main relief sought for in the writ petition is for a direction to the respondents to accord sanction for pay after fixing the same correctly and to sanction higher grade promotion and disburse her pensionary benefits also. The petitioner retired from service on 31.3.2008. The main complaint raised by the petitioner is that even though she was entitled to get her pay fixed at the higher pay scale of Rs.1350 - 2200, the same was erroneously fixed in the lower scale of pay of Rs.1200 - 2040 resulting in a drop of pay plus DA to the tune of Rs.122/- per month. This was reflected in the 12106/2009 2 subsequent pay fixations also. This has caused a huge loss of pay and allowance since 26.3.1994 to 31.3.2008. 3. The petitioner has filed Ext.P9 representation before the first respondent in the matter. Since the first respondent is not the competent authority, there will be a direction to the second respondent to consider and pass orders on Ext.P9 after hearing the petitioner and in accordance with law, within a period of four months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/