IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 2ND APRIL 2008 / 13TH CHAITHRA 1930 WP(C).No. 8061 of 2008(I) ------------------------- PETITIONER: ------------ DR. K.K.REMA ASST. INSURANCE MEDICAL OFFICER E.S.I. DISPENSARY, KARUVANNUR, TRICHUR. BY ADV. SMT.S.KARTHIKA SRI.M.S.UNNIKRISHNAN SMT.K.P.GEETHA MANI SRI.M.R.ANISON SRI.T.R.RAJESH RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, LABOUR (F) DEPARTMENT GOVT. SECRETARIAT, TRIVANDRUM. 2. THE SECRETARY TO GOVERNMENT FINANCE DEPARTMENT, GOVT.SECRETARIAT, TRIVANDRUM 3. THE DIRECTOR OF INSURANCE MEDICAL SERVICES, TRIVANDRUM. BY GOVERNMENT PLEADER SRI. MANOJ KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/04/2008, ALONG WITH WPC NO. 8142 OF 2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C)s. 8061/2008 & 8142/2008 -------------------- Dated this the 2nd day of April, 2008 JUDGMENT Common issues arise for consideration in these cases and therefore, they have been heard together and are disposed of by this common judgment. I will refer to the facts in Writ Petition No.8061/2008 in the first instance. 2. Petitioner entered service as an Insurance Medical Officer in the ESI Dispensary on 4.1.1988 and she completed 20 years of service on 4.1.2008. She is due to retire on 30.11.2008. As per the seventh pay revision order, G.O.(P).3000/98/Fin. Dated 25.11.1998, the pay scales of the staff working in various departments were revised with effect from 1.3.1997. According to the petitioner, as per the said order, doctors in the Insurance Medical service were to be given the scale of pay of Rs.10,000-15,150/- and Rs. 14,000 – 18,000/- on grant of the first and second time bound higher grade corresponding with the completion of ten years and 18 years of service. First time bound higher grade was W.P.(C).8061/2008 2 granted to the petitioner as per Ext.P2 order with effect from 4.1.1998. Petitioner became eligible for the second time bound higher grade on completion of 18 years of service on 3.1.2006 and she opted for the second higher grade scale namely 14,000 – 18,000/-, with effect from 4.1.2006. Option exercised by her in this regard under Ext.P3 and P4 were forwarded to the Government along with Ext.P9 recommendation made by the third respondent. Petitioner is aggrieved that in spite of repeated reminders, same has not been granted. 3. In the meanwhile, next pay revision order was issued on 25.3.2006 and benefits have been granted to the Government servants on completion of 8, 16 and 23 years of service for time bound higher grade. There is a Government order with regard to the other benefits also. 4. The simple request of the petitioner was that she was entitled to second time bound higher grade in the W.P.(C).8061/2008 3 scale of pay revised as per the 7th pay revision order. She was entitled to that with effect from 4.1.2006 (and 10.2.2005 in the case of the petitioner in Writ Petition No.8142/2008). Prima facie I do not find any reason why the petitioner should not be granted the second time bound higher grade in the scale of pay applicable as per the 7th pay revision order, with effect from the dates indicated above. Orders are to be passed in that behalf by the Government. 5. In the result, writ petitions are disposed of directing the Government to pass orders on the petitioner's request for sanction of second time bound higher grade corresponding with the completion of 18 years of service with effect from 4.1.2006 in the case of the petitioner in Writ Petition No.8061/2008 and 10.2.2005 in the case of the petitioner in Writ petition No.8142/2008. Orders shall be passed keeping in mind the recommendations made by the Director in the case of each of the petitioners. Such orders may be passed W.P.(C).8061/2008 4 within a period of two months from the date of receipt of a copy of this judgment. Petitioners shall produce a copy of the writ petition also along with the copy of the judgment. V.GIRI, Judge mrcs