IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 WP(C).No. 12582 of 2011(W) ---------------------------------------- PETITIONER: ------------------- MOHAMMED IQBAL.K., HEALTH INSPECTOR GRADE-I, PERINTHALMANNA MUNICIPALITY, MALAPPURAM DISTRICT. BY ADV. SRI.K.N.CHANDRABABU. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP.BY ITS PRINCIPAL SECRETARY, HEALTH ADMINISTRATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE DEPUTY DIRECTOR, LOCAL FUND AUDIT HIGHER GRADE, OFFICE OF THE DEPUTY DIRECTOR, MALAPPURAM, PIN - 679 322. 3. THE DIRECTOR, MUNICIPAL ADMINISTRATION, OFFICE OF THE MUNCIPAL ADMINISTRATION, THIRUVANANTHAPURAM - 695 001. 4. PERINTHALMANNA MUNICIPALITY, REP.BY ITS SECRETARY, MUNICIPAL OFFICE, PERINTHALMANNA, PIN - 679 322. R1 TO R3 BY GOVT. PLEADER SRI. A.J. VARGHESE, R4 ADV. SRI.P.K.VIJAYAMOHANAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.12582/2011-W: APPENDIX PETITIONER'S EXHIBITS:- EXT.P.1: COPY OF THE ORDER OF APPOINTMENT NO. A4-4523/89/DTD. 20/09/99 ISSUED BY THE DISTRICT MEDICAL OFFICER OF HEALTH, THRISSUR. EXT.P.2: COPY OF THE PROCEEDINGS OF THE DIRECTOR OF MUNICIPAL ADMINISTRATION NO. B4/10400/2000 (10/11) DT.D 14/01/2002. EXT.P.3: COPY OF THE ORDER NO. B4/227/23.02/2002 ISSUED BY THE R.3. EXT.P.4: COPY OF THE SERVICE BOOK OF THE PETITIONER. EXT.P.5: COPY OF THE ORDER NO. G1-7386/03 DT.D 23/09/2003 ISSUED BY THE R.4. IN FAVOUR OF THE PETITIONER. EXT.P.6: COPY OF THE ORDER NO. B-3887/09 DT.D 23/02/2010 ISSUED BY THE JOINT DIRECTOR OF URBAN AFFAIRS, NORTH ZONE. EXT.P.7: COPY OF THE COMMUNICATION NO.LF/M4/1137/10 DTD. 15/10/2010. EXT.P.8: COPY OF THE G.O.(MS).NO.162/87/LAD DTD. 13/07/87. EXT.P.9: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO REVIEW EXT.P.7 REMARK MADE BY THE R.2. EXT.P.10: COPY OF THE JUDGMENT DTD. 19/07/2006 PASSED BY THIS HONOURABLE COURT IN W.P.(C).NO.25715/2005. EXT.P.11: COPY OF THE GOVERNMENT ORDER NO. 3148/06/LAD DTD. 06/12/2006. EXT.P.12: COPY OF THE GOVERNMENT ORDER NO.1605/2009/LAD DT.D 30/06/2009. RESPONDENT'S EXHIBITS:- NIL. //TRUE COPY// P.S. TO JUDGE Prv. K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 12582 OF 2011 ----------------------------------------------------------- Dated this the 11th October, 2011. JUDGMENT The petitioner was selected and appointed as a Junior Health Inspector Gr.II as per Ext.P1. Thereafter his services were regularised with effect from 1-10-1999. Meanwhile, he was selected to the post of Junior Health Inspector Gr.II in the Municipal Common Service as per Ext.P2. He requested for some time to join the Municipal Common Service, which was granted and therefore, he joined the Ponnani Municipality on 25-7-2002. He has worked there without any break in service ever since. According to the petitioner, the last pay received by him in the department of health was Rs.4,190/-. However, the fourth respondent fixed his basic pay at Rs.4,000/-. Therefore, the petitioner submitted a representation to the fourth respondent. The said respondent, as per Ext.P5 protected the petitioner's prior substantial pay. 2. In the above circumstances when the petitioner was recommended for grade promotion by the fourth respondent, the same was sanctioned to him as per Ext.P6. However, the audit department took an objection to the effect that there was no WPC 12582/2011 2 justification for protecting the prior pay of the petitioner. According to the petitioner, the objection was taken without taking note of the relevant Government Orders that were in force from the said date. The petitioner therefore submitted his objections to Ext.P7 as per Ext.P9 before the second respondent. He complains that no orders have been passed on Ext.P9 till date. 3. According to the counsel for the petitioner, Ext.P7 has been passed without taking note of Exts.P8, P11 and P12 Government Orders. Therefore, the objection in Ext.P7 is not sustainable. The petitioner seeks the issue of appropriate directions for consideration and disposal of Ext.P9 expeditiously. 4. I have heard the learned Govt. Pleader also. 5. Since Ext.P9 is pending consideration of the second respondent, it is sufficient that this writ petition is disposed of directing the said authority to consider and pass orders on Ext.P9 on an early date. 6. This writ petition is accordingly disposed of directing the second respondent to consider the representation of the petitioner evidenced herein by Ext.P9 in accordance with law and to pass appropriate orders thereon as expeditiously as possible and at any WPC 12582/2011 3 rate within a period of two months from the date of receipt of a copy of this judgment. Sd/- K. SURENDRA MOHAN Judge jj P.S. to Judge