IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 WP(C).No. 24720 of 2008(P) PETITIONER: ------------ P. GOVINDAN, TRADESMAN (AGRICULTURE) HIGHER GRADE, TECHNICAL HIGH SCHOOL, VATAKARA, KOZHIKODE. BY ADV. SRI.P.M.PAREETH SRI.MOHAMMED SHAMEEL RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 3. SUPERINTENDENT TECHNICAL HIGH SCHOOL, VATAKARA, KOZHIKODE. GOVERNMENT PLEADER SRI.K.R.SABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 24720 OF 2008 P -------------------------------------------- Dated this the 18th August, 2008 JUDGMENT The petitioner entered service as work shop attender (agriculture) at Pre-vocational Training Centre attached to the Technical High School, Cheruvathoor. It is stated that the post of work shop attender was subsequently re-designated as Tradesman. The petitioner was transferred to Technical High School, Vatakara with effect from 26.7.2004 and is continuing there in that post. The petitioner was granted first higher grade on completion of ten years of service on 9.9.2006, as per Ext.P1 order. Consequent on 1997 pay revision, the petitioner’s pay was re-fixed. 2. The petitioner is due to retire on superannuation on 31.7.2009. The grievance of the petitioner is that the second respondent issued orders granting lesser scale of Rs.4000-6090 to the petitioner as second higher grade, as per Ext.P6 order. The petitioner submitted Ext.P7 representation dated 10.10.2006 to the Director of Technical Education after receipt of Ext.P6 order. 3. The petitioner submitted Ext.P9 Review Petition dated 31.7.2008 before the first respondent praying that he may be granted the W.P.(C) NO.24720 OF 2008 :: 2 :: higher time scale of Rs.4500-7000 (revised to Rs.7990-12950) with effect from 9.9.2004 as eighteen years’ time bound higher grade and his pay may be fixed accordingly. Disbursement of arrears consequent on the re- fixation is also prayed for in Ext.P9. Ext.P9 Review Petition was filed seeking to review Ext.P4 order, by which, the pay of the petitioner was fixed. According to the petitioner, the fixation of pay as per Ext.P4 is improper. Ext.P9 is pending disposal before the first respondent. 4. The reliefs prayed for by the petitioner in the Writ Petition are the following: a) A writ of certiorari or other appropriate writ, direction or order calling for the records leading to Exhibit P4 and P6 and quash the same to the extent it grants only Rs.4000-6090 and not Rs.4500-7000 to the petitioner as his second time bound higher grade on completion of 18 years of service as on 9.9.04. b) A declaration to the effect that the petitioner is entitled to the time scale of Rs.4500-7000 (7990-12930) as his second time bound higher grade on completion of 18 years of service in the post of tradesman as on 9.9.04 especially in view granting the same benefit to similarly situated tradesmen of private polytechnics and technical high schools. W.P.(C) NO.24720 OF 2008 :: 3 :: c) A direction to the respondents to refix the petitioner pay in the scale of Rs.7990-12930 with effect from 9.9.04 and disburse the arrears of pay to the petitioner forthwith. d) A direction to the first respondent to consider and pass orders on Exhibit P9 review petition filed by the petitioner within a time frame. e) To grant cost. f) To grant such other reliefs this Hon’ble Court deem fit and proper in the facts and circumstances of the case. 5. Learned counsel for the petitioner submits that the petitioner would be satisfied, for the present, if a direction is issued to the first respondent to dispose of Ext.P9 Review Petition within a time frame. Learned Government Pleader submits that Ext.P9 Review Petition will be disposed of in accordance with law without delay. In the facts and circumstances of the case, the Writ Petition is disposed of in the following manner: a) The first respondent shall consider and dispose of Ext.P9 Review Petition dated 31.7.2008, submitted by the petitioner, as expeditiously as possible and, at any rate, within a period of three W.P.(C) NO.24720 OF 2008 :: 4 :: months, after affording an opportunity of being heard to the petitioner. b) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. (K.T.SANKARAN) Judge ahz/