IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 19TH NOVEMBER 2009 / 28TH KARTHIKA 1931 OP.No. 9563 of 2001(L) ------------------------------ PETITIONER(S): ----------------------- 1. DR. JOSEPH SCARIA, SENIOR VETARINAY SURGEON, VETERINARY POLYCLINIC, PALA. 2. DR. K.K.THOMAS, SENIOR VETERINARY SURGEON, VETARINARY HOSPITAL, OONNUKAL, ERNAKULAM. 3. DR. P.BALACHANDRAN, SENIOR VETERINARY SURGEON, VETERINARY HOSPITAL, OACHIRA, KOLLAM. 4. DR. L. RAVIKUMAR, ASSISTANT DIRECTOR, DIRECTORATE OF ANIMAL HUSBANDARY, VIKAS BHAVAN, THIRUVANANTHAPURAM. 5. DR. N.R.HARSHAKUMAR, SENIOR VETERINARY SURGEON, VETERINAY HOSPITAL, KYPAMANGALAM, THRISSUR. 6. DR. V.V.RAJI, ASSISTANT PROJECT OFFICER, RAIC, CHALAKUDY. 7. DR. A.A.KUNHU MOHAMMED, SENIOR VETERINARY SURGEON, VETERINARY POLYCLINIC, OTTAPALAM, PALAKKAD. 8. DR. V.A.JOSE, SENIOR VETERINARY SURGEON, VETERINARY HOSPITAL, ERATTUPETTAH. 9. DR. P. ANILKUMAR, SENIOR VETERINARY SURGEON, VETARINARY HOSPITAL, THYCATTUSSERY, ALAPPUZHA. OP.No. 9563 of 2001(L) -2- 10. DR. G.MOHANDAS, SENIOR VETERINARY SURGEON, DISTRICT VETERINARY CENTRE, THODUPUZHA. 11. DR. T.K. KALADHARAN, SENIOR VETERINARY SURGEON, VETERINARY POLYCLINIC, CHERTHALA. 12. DR. M. KAMARUDHEEN, SENIOR VETERINAY SURGEON, VETERINARY HOSPITAL, KATTANAM, ALAPPUZHA. 13. DR. V.R. MOHANAN, SENIOR VETERINARY SURGEON, VETERINARY HOSPITAL, ALOOR, THRISSUR. 14. DR. P.M. PRASAD, SENIOR VETERINARY SURGEON, VETERINARY HOSPITAL, KATTAKADA, THIRUVANANTHAPURAM. 15. DR.K. PRABHAKARAN PILLAI, ASSISTANT PROJECT OFFICER, REGIONAL A.I. CENTRE, THODUPUZHA. 16. DR. GIGY NINAN MATHEW, SENIOR VETERINARY SURGEON, DISTRICT VETERINARY CENTRE, KOTTAYAM. 17. DR. USHA PUSHKAR, SENIOR VETERINARY SURGEON, VETERINARY HOSPITAL, OLLUR, THIRISSUR. 18. DR. C.R. JOSEPH SURGEON, SENIOR VETERINARY SURGEON, DISTRICT VETERINARY CENTRE, THRISSUR. 19. DR. P.O. BABY, SENIOR VETERINARY SURGEON, VETERINARY HOSPITAL, PUTHENCRUZ, ERNAKULAM. 20. DR. K.V. SUKUMARAN, SENIOR VETERINARY SURGEON, VETERINARY HOSPITAL, VALAYANCHIRANGARA, PERUMBAVOOR, ERNAKULAM. OP.No. 9563 of 2001(L) -3- 21. DR. K.C. MAHADEVE KAIMAL, ASSISTANT PROJECT OFFICER, R A I C, MAVELIKKARA. 22. DR. PAUL T KUNNATH, SENIOR VETERINARY SURGEON, VETERINARY HOSPITAL, KOLENCHERY, ERNAKULAM. 23. DR. V.K. RAESAN, DEPUTY DIRECTOR, (CATTLE STERILITY OFFICER), ALUVA. BY ADV. MR.B.RAGUNATHAN MR.V.V.MATHEW MR.M.SALIM RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, AGRICULTURE (ANIMAL HUSBANDARY) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001 2. DIRECTOR OF ANIMAL HUSBANDARY, VIKAS BHAVAN, THIRUVANANTHAPURAM - 695 033 3. ACCOUNTANT GENERAL (A&E), KERALA, THIRUVANANTHAPURAM - 695 039 BY GOVERNMENT PLEADER SMT. N. SUDHA DEVI THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 19/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J ............................................... O.P. No. 9563 of 2001 ................................................. Dated this the 19th day of November, 2009 J U D G M E N T Petitioners entered service as Veterinary Surgeons in the Animal Husbandary Department of the Government of Kerala. In accordance with pay revision orders they obtained time bound higher grade. While they were enjoying the time bound higher grade scale of pay, they were promoted as Senior Veterinary Surgeons. But it so happened that the scale of pay of Senior Veterinary Surgeon was lower than that of the higher grade scale, petitioners were enjoying. As a result, while persons in the lower post were enjoying higher scale of pay, the petitioners were given lesser pay in the higher post. Petitioners have filed this writ petition since despite several representations made in that regard, the glaring anomaly has not been rectified by the respondents. Petitioners therefore seek the following reliefs: “i) issue a writ of mandamus or other appropriate writ, direction or order to the respondents to fix the pay of the petitioners on promotion to the category of Senior Veterinary Surgeon reckoning the entire length of service in the feeder category (Veterinary Surgeon) dehors the time bound higher grade promotion granted to them; O.P. No. 9563 of 2001 -2- ii) issue a writ of mandamus or other appropriate writ, direction or order to the respondents to grant fixation of pay of the petitioners on promotion to the category of Senior Veterinary Surgeon on the basis of their seniority in the category of Veterinary Surgeon above that of their juniors in service; iii) issue a writ of mandamus or other appropriate writ, direction or order to the respondents to pay the arrears of salary on fixation of the pay with retrospective effect;” 2. A counter affidavit has been filed by the Government wherein they do not dispute the fact that there is a glaring anomaly in the matter. What is stated in the counter affidavit is only that the matter is being considered by the Government in consultation with the Accountant General. That counter affidavit has filed as early as on 20.2.2003. Petitioners submit that nothing has happened for the last more then 6½ years also. 3. I have heard both sides. 4. Insofar as admittedly there is a glaring anomaly in the matter, I do not find any justification for inaction of the Government on the matter. As I have already pointed out above, despite stating in the counter affidavit dated 20.2.2003 that the Government is considering the matter in consultation with the Accountant General, nothing tangible has so far emerged from the said exercise so far. Therefore, I am of opinion that the O.P. No. 9563 of 2001 -3- petitioners cannot be asked to wait any further for rectification of an admitted anomaly. 5. In the above circumstances, the writ petition is disposed of with the following directions: The Government shall rectify the anomaly pointed out above, and pass appropriate orders to give the petitioners appropriate reliefs in the matter with arrears of monetory benefits, as expeditiously as possible, at any rate, within four months from the date of receipt of a copy of this judgment. S. SIRI JAGAN, JUDGE rhs