IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 WP(C).No. 17558 of 2009(L) -------------------------- PETITIONER(S): --------------- M.SIRAJUDEEN, PERFUSIONIST, DEPARTMENT OF CARDIO THORACIC SURGERY, MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM. BY ADV. SRI.H.HAMZA ROWTHER SRI.V.K.PEERMOHAMED KHAN RESPONDENT(S): --------------- 1. SECRETARY TO GOVERNMENT, HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF MEDICAL EDUCATION, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE PRINCIPAL, MEDICAL COLLEGE HOSPITAL, THIRUVANANTHAPURAM. SENIOR GOVERNMENT PLEADER, SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.17558/2009-L ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 24th day of June, 2009 J U D G M E N T The petitioner herein is working as Perfusionist in the Department of Cardio Thoracic Surgery, Thiruvananthapuram. He started his career as Lab Technician Grade-II under the Government of Kerala. He was transferred interdepartmentally to the Directorate of Medical Education and was appointed in the Medical College, Thrissur. After he acquired Degree of Medical Laboratory Technology during the year 1993, he was admitted to the roll of Degree of Bachelor of Science as per Ext.P1 certificate. Thereafter, he was promoted as Perfusionist as per Ext.P2 order and, subsequently, he joined the present hospital on 16/05/1994. 2. Ext.P3 provides the qualification and method of appointment for the post of Perfusionist in the Department of Thoracic Surgery in the Medical Colleges under the Medical Education Department. The qualification that is provided therein is B.Sc (MLT). Exts.P4(A) and P4(B) reflects the qualification and methods of appointment to the Tutor Technician (MLT) under Medical Education Service. The petitioner contends that the qualifications of both these posts are the same. But those W.P.(C). No.17558/2009 -:2:- appointees, namely, Tutor Technicians (MLT) under Medical Education Service are getting a higher scale of pay. In that view of the matter, the petitioner contends that he is entitled for the grant of same scale of pay as applicable to the said post. Apart from the scale of pay, he is also demanding professional parity. 3. Ext.P8 is the representation submitted by the petitioner to the Government in the matter. It is upto the Government to take a decision as to whether the said prayer can be granted after assessing various materials and the circumstances under which the qualifications and other criteria have been fixed. There will be a direction to the first respondent to consider and pass orders on Ext.P8 after hearing the petitioner 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.) ms