High Court Kerala High Court

R.Sarath Chandran vs State Of Kerala on 17 December, 2008

Kerala High Court
R.Sarath Chandran vs State Of Kerala on 17 December, 2008
       

  

  

 
 
  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.
         ======================================
                      W.P.(C)No.37166 of 2008
          ======================================
            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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