IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 WP(C).No. 10611 of 2008(L) -------------------------------------- PETITIONER: ------------------- DR. RAVIKUMAR K., S/O. R.KUNJAN PILLAI, AGED 51 YEARS, CIVIL SURGEON, DISTRICT GOVT.HOSPITAL, KOLLAM, RESIDING AT "NIRMALYAM", PATTATHANAM P.O., KOLLAM. BY ADVS. SRI.C.UNNIKRISHNAN (KOLLAM), SRI.S.HARIKRISHNAN. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVT. OF KERALA, DEPARTMENT OF HEALTH & FAMIL WELFARE,SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT MEDICAL OFFICER, KOLLAM. 3. THE SUPERINTENDENT, DISTRICT GOVT.HOSPITAL, KOLLAM. R1 TO R3 BY GOVT. PLEADER SRI. P. NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.10611/2008-L: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE REPRESENTATION DTD. 31/05/07 SUBMITTED BY THE PETITIONER BEFORE THE R.1. EXT.P.2: COPY OF THE COMMUNICATION NO. 25656/A1/07/H & FWD DTD. 10/08/07 ISSUED BY THE R.1. TO THE PETITIONER. EXT.P.3: COPY OF THE RELEVANT PAGES OF ANNX.2 OF RULES FOR FIXATION OF PAY ATTACHED TO PAY REVISION G.O. (P) 145/06/FIN. DTD. 25/03/06. EXT.P.4: COPY OF THE G.O. (RT). NO. 1186/07/H & FWD DTD. 30/03/2007 ISSUED BY THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 10611 of 2008-L - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of January, 2009. JUDGMENT The petitioner is aggrieved by the rejection of his representation requesting to sanction the second higher grade in the scale of pay of Rs.14000 – 18000 and to opt to come to the scale of Rs.23200 – 31150 (revised scale) with effect from 17.7.2004. He is relying upon Rule 7(2) of Annexure 2 to the rules for fixation of pay which has been produced as Ext.P3. Rule 7(2) reads as follows: “(2) However, an employee promoted to a higher scale (whether by regular promotion, ratio promotion or under the time bound higher grade scheme) on or after 1.7.2004 but before the date of this Government Order will have the option to continue in the pre- revised scale of the lower post till the date of such promotion and then first avail promotion to the pre-revised scale of the higher post and thereafter avail the benefits of this pay revision on the same date as such promotion. This option will be available only for the first promotion after 1.7.2004. This benefit of option will be restricted to the employees who were promoted on or after 1.7.2004 but before the date of this order.” While considering the request for sanction of second higher grade in the pre-revised scale, the representation was rejected as per Ext.P2 stating that WPC 10611/2008 2 in the light of Rule 7(1) of Annexure 2 to G.O.(P) No.145/06/Fin dated 25.3.2006, the petitioner's case cannot be considered. 2. Heard learned counsel for the petitioner and learned Govt. Pleader. The petitioner is relying upon Rule 7(2) of the Rules to contend for the position that he has been granted second higher grade on 17.7.2004 and therefore the same will come within the parameters of the said clause. A reading of Ext.P2 shows that the representation was rejected considering the claim under Rule 7(1) of the Rules alone and the applicability of Rule 7(2) has not been considered. 3. Therefore, there will be a direction to the Government to reconsider the matter in the light of para 7(2) of Ext.P3 rules and if the petitioner is found eligible, appropriate directions will be issued granting the benefits also, within a period of three 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.) kav/