Kerala High Court
Mary Joseph vs The State Of Kerala on 10 February, 2011
Author: K.Surendra Mohan
Bench: K.Surendra Mohan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN
WEDNESDAY, THE 21ST DAY OF DECEMBER 2011/30TH AGRAHAYANA 1933
WPC.No. 34436 of 2011
------------------------------------
PETITIONER(S):
-----------------------
1. MARY JOSEPH, AGED 58 YEARS,
W/O.P.A.THOMAS, PAZHAYATTU HOUSE, AYTHALA P.O
RANNI, PATHANAMTHITTA DISTRICT - 689 673.
2. SANTHAMMA ABRAHAM, AGED 56 YEARS,
W/O.SAMKUTTY THOMAS,
PAZHAYAPEEDIKAYIL,
THURITHIKKAD P.O.,
MALLAPPALLY, PATHANAMTHITTA.
3. M.D.THOMAS, AGED 56 YEARS
S/O.LATE M.D.TITUS, MULLASSERIL HOUSE,
P.O.PUNAKKAD, KOZHENCHERRY,PATHANAMTHITTA.
4. E.N. REVAMMA, AGED 58 YEARS,
S/O.B.SREENIVASAN,
PAMBANAL HOUSE,
P.O.MARANGATTUPALLI,
KOTTAYAM DISTRICT, PIN 686 635.
5. RAJAPPAN T., AGED 59 YEARS,
S/O.LATE THEVAN, MOOZHIL HOUSE,
BRAHMAMANGALAM,
VAIKOM, KOTTAYAM DISTRICT, PIN 686 605.
6. LIZAMMA IMMANUEL,
KARINGANAMATTOM HOUSE,
MADAPPALLI P.O., CHANGANASSERY-686 546.
BY ADVS.SRI.E.S.M.KABEER
SMT.P.DEEPA MOHAN
RESPONDENT(S):
-------------------------
1. THE STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
HEALTH AND FAMILY WELFARE DEPARTMENT,
THIRUVANANTHAPURAM-695 001.
DSV/-
WPC.No. 34436 of 2011
2. THE DIRECTOR OF HEALTH SERVICES,
THIRUVANANTHAPURAM 695 001.
3. THE ACCOUNTANT GENERAL (A & E),
THIRUVANANTHAPURAM 695 001.
BY GOVERNMENT PLEADER SRI. JOSE ADIYODI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21-12-2011, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
DSV/-
WPC.No. 34436 of 2011
APPENDIX
PETITIONERS' EXHIBITS:
EXT P1 : COPY OF THE HIERARCHY OF POSTS AND SCALE OF PAY OBTAINED BY
THE 3RD PETITIONER UNDER THE PROVISIONS OF THE RIGHTS TO
INFORMATION ACT, THE INFORMATION DATED 10/02/2011.
EXT P2 : COPY OF THE ORDER NO.EE4-30518/05/DHS DATED 30/06/05.
EXT P3 : COPY OF THE ORDER NO.EE4/5501/2010/DHS DATED 26/08/2010.
EXT P4 : COPY OF THE ORDER NO.EE4-5200/07/DHS DATED 28/09/2007.
EXT P5 : COPY OF THE ORDER NO.EE4-5200/07/DHS DATED 22/01/2007.
EXT P6 : COPY OF THE ORDER NO. EE4-44522/09/DHS DATED 28/07/09 THE
EXT P7 : COPY OF THE ORDER OBJECTING THE FIXATION BASED ON THE OPTION
EXT P8 : COPY OF THE LAST PAY CERTIFICATE OF THE 1ST PETITIONER
EXT P9 : COPY OF THE PAY SLIP OF THE 1ST PETITIONER
EXT P10 : COPY OF THE REPRESENTATION SUBMITTED BY THE 1ST PETITIONER
BEFORE THE 1ST RESPONDENT DATED 14.09.2011.
EXT P11 : COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER
BEFORE THE 1ST RESPONDENT DATED 14.09.2011.
EXT P12 : COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER
BEFORE THE 1ST RESPONDENT DATED 14/09/2011.
EXT P13 : COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER
BEFORE THE 1ST RESPONDENT DATED 14/09/2011.
EXT P14 : COPY OF THE REPRESENTATION SUBMITTED BY THE 2ND PETITIONER
BEFORE THE 1ST RESPONDENT DATED 14/09/2011.
EXT P15 : COPY OF THE REPRESENATIUON SUBMITTED BY THE 2ND PETITIONER
BEFORE THE 1ST RESPONDENT DATED 14/09/2011.
EXT P16 : COPY OF THE JUDGMENT IN W.P(C)NO.8575/2011 DATED 18/03/2011.
EXT P17 : COPY OF THE GOVERNMENT ORDER GO(RT) NO.3097/2011/H&FWD
TRIVANDRUM, 27/08/2011.
RESPONDENTS' EXHIBITS: NIL
/TRUE COPY/
P.A. TO JUDGE
DSV/-
K.SURENDRA MOHAN, J
= = = = = = = = = = = =
WP(C).No.34436 of 2011.
= = = = = = = = = = = =
Dated this the 21st December, 2011.
J U D G M E N T
The petitioners are persons who have retired from service as Store Superintendent (Gazetted), Health Department. They entered service as Pharmacists Grade II and were promoted successively to the post of Pharmacist Grade I, Pharmacist Store Keeper and Store Superintendent (Gazetted). However, they were not given promotion as Store Superintendent (Hospital). Consequently, the petitioners were denied the benefit of two increments which cause a substantial loss to them in the fixation of their pay and also in their pensionary benefits. The petitioners therefore submitted Exts.P10 to P15 representations to the first respondent. They complain that no orders have been passed thereon till date. Similarly situated persons had filed WP(C).No.8575/2011 and pursuant to Ext.P16 judgment of this Court, the claim of the said persons were accepted by the first respondent by Ext.P17. The petitioners therefore WP(C).No.34436/2011.
2 seek the issue of appropriate directions for the consideration of their representations.
2. I have heard the learned Govt.Pleader also.
3. Since Exts.P10 to P15 are pending consideration of the first respondent, it is sufficient that this writ petition is disposed of directing the said representations are to be considered.
4. This writ petition is accordingly disposed of directing the first respondent to consider the representations submitted by the petitioners, evidenced herein by Exts.P10 and P15, and after scrutiny thereof, to pass appropriate orders thereon in accordance with law, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment, after hearing the petitioners also.
K.SURENDRA MOHAN, (Judge) Kvs/-