IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 26TH MARCH 2008 / 6TH CHAITHRA 1930 WP(C).No. 9559 of 2008(R) PETITIONER: T.K.SADANANDAN, S/O KORAN, AGED 51 YEARS, NOW WORKING AS SHERISTADAR, DISTRICT COURT, TRISSUR. BY ADV. SRI.V.M.KRISHNAKUMAR SMT.P.A.ANITHA RESPONDENTS: 1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF HOME, SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY, DEPARTMENT OF JUDICIAL ADMINISTRATION, THIRUVANANTHAPURAM. 3. REGISTRAR,(SUBORDINATE JUDICIARY), HIGH COURT OF KERALA, ERNAKULAM. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.9559 of 2008 ------------------------- Dated this the 26th day of March, 2008. JUDGMENT The petitioner is working as Sheristadar in the District Court, Thrissur. He seeks to ventilate, a grievance which will have application, amongst all the members of the Subordinate Judicial Service. 2. The petitioner submits that as per Ext.P1 pay revision order, the Government had directed 20% of the posts in each cadre will be given higher grade of Rs.7200- 11400. The petitioner submits that such higher grade is given to all the posts in all the services under the Government. But, it has not been implemented in the Judicial service. Considering these facts, the Government issued Ext.P6 communication noting that the Sheristadars, Sub Courts/Senior Superintendent, District Court in the Subordinate Judiciary are not eligible for 20% higher grade as per G.O.(P)No.3000/98/Fin dated 25.11.1998. This is in reply to Ext.P5 representation filed by the petitioner before the Registrar (Subordinate Judiciary). Ext.P6 is under challenge in this writ petition. W.P.(C).NO.9559/08 :: 2 :: 3. Taking note of the fact that 20% higher grade has not been made available to the Subordinate Judicial Service, I am unable to find any error in Ext.P6. Learned counsel for the petitioner submits that such higher grade had been made available to all other departments in the Government and therefore, there is hostile discrimination. In my view, the question as to whether 20% of the posts in the Subordinate Judicial Service would also be entitled to higher grade similar to the higher grade granted to 20% posts in other departments, is a matter, which should engage the attention of the Government, in the first instance. 4. I heard learned counsel for the petitioner and the learned Government Pleader also. 5. In the circumstances, the writ petition is disposed of directing the petitioner to file a representation pointing these aspects before the 3rd respondent in the first instance and the 3rd respondent shall, thereafter, forward the same to the Government. Thereupon, the Government shall take a decision within a W.P.(C).NO.9559/08 :: 3 :: period of four months from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 3rd respondent. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge