IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 37166 of 2008(Y)
1. R.SARATH CHANDRAN, ASSISTANT MOTOR
... Petitioner
2. A.S.VINOD, ASSISTANT MOTOR VEHICLES
3. MANOJ KUMAR.G, ASSISTANT MOTOR VEHICLES
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. SECRETARY TO GOVERNMENT, TRANSPORT
3. TRANSPORT COMMISSIONER,
For Petitioner :SRI.S.P.ARAVINDAKSHAN PILLAY
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :17/12/2008
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C)No.37166 of 2008
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Dated this the 17th day of December 2008
JUDGMENT
Heard Sri.S.P.Aravindakshan Pillay, the learned counsel
appearing for the petitioners and Smt.Anu Sivaraman, the learned
Government Pleader appearing for the respondents.
2. The petitioners are Assistant Motor Vehicle Inspectors in
the Motor Vehicles Department. Petitioners 1 and 2 are also office
bearers of the Kerala Assistant Motor Vehicle Inspectors’
Association, a service organization recognized by the Government.
In this Writ Petition, the petitioners project two grievances. Their
first grievance is that till the 2006 pay revision order (G.O.(P)
No.145/06/Fin.dated 25.3.2006) was issued, Assistant Motor
Vehicle Inspectors in the Motor Vehicles Department and Sub
Inspectors of Police in the General Executive Branch were placed in
the same scale of pay and that while Sub Inspectors of Police were
given a higher scale of pay in the 2006 pay revision order,
Assistant Motor Vehicle Inspectors have been placed in the lower
scale of pay, viz.Rs.7990-12930 while the pay scale of Sub
Inspectors of Police stands revised from the pre-revised scale of
Rs.4600-7125 to Rs.9190-15510. They have yet another grievance
in the matter of grant of time bound higher grade promotions.
Pointing out these anomalies and seeking rectification of the said
anomalies, they have submitted Ext.P2 representation before the
W.P.(C)No.37166/2008 2
Government of Kerala and Ext.P4 representation before the
Principal Secretary to Government, Finance Department. In this
Writ Petition, the petitioners inter alia pray for a writ in the nature
of mandamus commanding the State of Kerala to consider Exts.P2
and P4 representations and to take a decision thereon within a
time limit to be fixed by this Court.
3. As the grievance voiced by the petitioner relates essentially
to revision of pay, it is primarily for the Government to decide the
said issue. The petitioners also have a grievance regarding the
terms on which the time bound higher grade promotions are
granted to the Assistant Motor Vehicle Inspectors. In my opinion,
as the petitioners have already moved the Government seeking
reliefs in their regard, it is for the Government to consider their
grievances and take a decision thereon. In these circumstances, I
dispose of the Writ Petition with a direction to the first respondent
to consider the grievances voiced by the petitioners in Exts.P2 and
P4 representations and take a decision thereon, after affording the
petitioners an opportunity of being heard. Final orders in the
matter shall be passed within six months from the date of receipt
of a copy of this judgment.
P.N.RAVINDRAN, JUDGE
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