IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 7TH SEPTEMBER 2009 / 16TH BHADRA 1931 OP.No. 3018 of 2000(H) ------------------------------ PETITIONER(S): ----------------------- 1. B. JAYARAJAN, AGED 46 YEARS, S/O. KUNHIKANNAN, SENIOR CO-OPERATIVE INSPECTOR, OFFICE OF THE ASSISTANT REGISTRAR, KANNUR. 2. C. UNNIKRISHNAN, AGED 49 YEARS, S/O. KANNA PODUVAL, SENIOR CO-OPERATIVE INSPECTOR, OFFICE OF THE JOINT REGISTRAR (GENERAL), KANNUR. BY ADV. MR.P.V.MOHANAN RESPONDENT(S): ------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF CO-OPERATIVE GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE REGISTRAR OF CO-OPERATIVE SOCIEITES, THIRUVANANTHAPURAM. GOVERNMENT PLEADER THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 07/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 3018 of 2000(H) APPENDIX PETITIONERS'EXHIBITS: EXT.P1 - TRUE EXTRACT OF THE PAGE 112 OF THE REPORT OF THE PAY REVISION COMMITTEE 1998. EXT.P2 - TRUE COPY OF THE PAGES 167 TO 169 OF THE REPORT OF THE PAY REVISION COMMITTEE. EXT.P3 - TRUE COPY OF THE G.O. 3000/98/FIN. DATED 25.11.1998. EXT.P4 - TRUE COPY OF THE REPRESENTATION DATED 25.2.1999. EXT.P5 - TRUE COPY OF THE ORDER DATED 5.11.99. // TRUE COPY // PA TO JUDGE rhs S. SIRI JAGAN, J ............................................... O.P No. 3018 of 2000 ................................................. Dated this the 7th day of September, 2009 J U D G M E N T It is admitted before me that the issue involved in this original petition was canvased by other similarly situated petitioners in O.P. No. 2492 of 2000. In this original petition the petitioner seeks the following reliefs: “i) To issue a writ of mandamus order declaring that Senior Co-operative Inspectors in Co-operative Department are entitled to get higher scale of pay than that of Junior Superintendent in the Pay revision order issued by the document by G.O.(P) No. 3000/98/FIN dated 25.11.1998. ii) To issue a Writ of Mandamus or any other appropriate writ order or directions directing the respondent to fix the scale of pay of the petitioner/ Senior Co-operative Inspectors in the scale of pay of Rs.5800-9425 and consequential benefits with effect from 1.3.1997. iii) To issue a Writ of Mandamus order commanding the respondents to treat the Co-operative Inspectors/Auditors in the Co-operative Department as a Technical category and grand them the pay scale recommended by the Pay Commission for the categories in other Department. iv) To issue a Writ of Mandamus or any other appropriate writ or any other directions declaring that the Special grade Senior Co-operative Inspectors/ Special Grade Senior Auditors are entitled to get the scale of pay of 6500-10550, two grades above that of Junior Superintendent shown in G.O.(P) No. 3000/98/FIN dated 2.11.1998. O.P No. 3018 of 2000 -2- v) To issue a writ of mandamus or any other appropriate writs and order declaring that the petitioners are entitled to get arrears of salary on the basis of the revised scale of pay which is higher than that of Junior Superintendent with interest at the rate of 18% per annum.” 2. O.P. 2492 of 2000 was disposed of by the following judgment: “This original petition is filed mainly with the following prayers: i) Issue a writ of mandamus or any other appropriate writ, direction or order declaring that Senior Co-operative Inspectors are entitled to get higher scale of pay than that of Junior Superintendents in the Pay Revision Order issued by the Government by G.O.(P) No. 3000/98/Fin. dated 25th November, 1998. ii) Issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to give the petitioners the scale of pay of Rs.5800-9425 as Senior Co-operative Inspectors and consequential benefits based on that should be made available to them with effect from 01.03.1997. iii) Issue a writ of mandamus or any other appropriate writ, direction or order declaring that Special Grade Senior Co- operative Inspectors/Special Grade Senior Auditors are entitled to get the scale of pay of Rs.6500-10550, two grades above than that of Junior Superintendents shown in G.O.(P) No. 3000/98/Fin. dated 25th November, 1998. 2. Since the petitioners have sought for a writ of mandamus, it is for them to approach the Government. In the event of the petitioners approaching the second respondent within a period of one month from today, O.P No. 3018 of 2000 -3- the matter will be duly considered by the second respondent with notice to the petitioners and appropriate orders in accordance with law in the matter will be passed within a period of another four months. This original petition is disposed of as above.” 3. A comparison of the prayers in the two original petitions would go to show that they are identical. In the above circumstances, this original petition can also be disposed of in terms of that judgment. Accordingly this original petition is disposed of as follows: In the event of the petitioners approaching with the 2nd respondent within a period of one month from today, with a representation detailing their grievances, the 2nd respondent shall consider the same with notice to the petitioners and pass appropriate orders in accordance with law within a further period of four months therefrom. S. SIRI JAGAN, JUDGE rhs