IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP.No. 9881 of 2002(B)
1. RAJALAKSHMI.T.K., W/O.PANKAJAKSHAN,
... Petitioner
2. SALY LUCKOSE, JUNIOR PUBLIC HEALTH
3. NASEE,A T.P., JUNIOR PUBLIC HEALTH
4. SUJATHA G., JUNIOR HEALTH NURSE,
5. SUBAIDA T., JUNIOR HEALTH NURSE,
Vs
1. STATE OF KERALA REP.BY THE SECRETARY TO
... Respondent
2. THE DIRECTOR OF MUNCIPAL ADMINISTRATION,
3. THE SECRETARY, KOZHIKODE CORPORATION.
For Petitioner :SRI.T.G.RAJENDRAN
For Respondent :SRI.K.P.G.MENON, SC, KOZHIKODE CORPN.
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :30/09/2009
O R D E R
S.SIRI JAGAN, J.
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O.P.No. 9881 of 2002
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Dated this the 30th day of September, 2009
J U D G M E N T
The petitioners are Junior Public Health Nurses working in the
Corporation of Calicut. Originally the Junior Public Health Nurses Grade
II in the Municipal Common Service and the Junior Public Health
Nurses Grade II in the Health Service Department had different scales
of pay in so far as the scale of pay of the nurses in the Municipal
Common Service was only Rs.845-1370 whereas that of the nurses in
the Health Service Department was Rs.905-1490. At some point of
time, that was equalised and prior to the pay revision with effect from
1.3.1997, by G.O (P).No.3000/98/Fin. dated 25.11.1998, both were
drawing the same scale of pay. Subsequently, pursuant to the pay
revision order, the scale of pay of both were revised as Rs.3590-5400.
But at the same time, the Junior Health Nurses Grade II working in the
Ayurveda colleges were given a higher scale of pay of Rs.4000-6090.
Subsequently, by Ext.P3 order dated 6.10.1999, the Junior Public
Health Nurses Grade II of the Health Service Department were also
given the scale of pay of Rs.4000-6090 with effect from 1.3.1997. But
the said scale of pay was not sanctioned to the Junior Public Health
Nurses Grade II in the Municipal Common Service. The petitioners and
others represented to the Government and the Government, by Ext.P4
order, revised the scale of pay of Junior Public Health Nurses Grade II
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in the Municipal Common Service also as Rs.4000-6090 from Rs.3590-
5400. However, unlike in the case of Nurses in the Health Service
Department, who were given the revised scale with effect from
1.3.1997, this was given to the petitioners only with effect from
1.1.2001. The petitioners challenge that part of Ext.P4 wherein the
date of coming into force of the revision of their scale of pay was
confined to 1.1.2001. The petitioners submit that this is discriminatory
in so far as the duties and functions and other service conditions of
Junior Public Health Nurses Grade II of the Health Service Department
and those of the Municipal Common Service is the same and there is
no reason to treat them differently in the matter of revision of scale of
pay. The petitioners, therefore, seek the following reliefs:
“a) issue a writ of certiorari or any other appropriate writ, order or
direction, calling for the records leading to Ext.P7 and quash the
original of the same.
b) issue a writ of mandamus or any other appropriate writ, order or
direction of respondents to give effect to Ext.P4 w.e.f 1.3.97 and to
pay consequential benefits to the petitioners including arrears as
expeditiously as possible.
c) declare that the petitioners are entitled to get the benefit of Ext.P4
from 1.3.97 as done in the case of Junior Public Health Nurses
Grade II in Health Service Department vide Ext.P3, since they are
similarly situated.”
2. A counter affidavit has been filed by the 1st respondent
justifying the action of the Government. According to the 1st
respondent, the Government was perfectly justified in fixing the date
of 1.1.2001 as the date of effect of the revised scale of pay to the
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Junior Public Health Nurse Grade II, in so far as that benefit was given
to them only subsequently.
3. I have considered the rival contentions of the parties.
4. I am unable to understand the logic of the contentions of
the 1st respondent. Admittedly prior to 1997 pay revision nurses in
both Departments were having the same scale of pay. In fact originally
in the 1997 pay revision also, both were given the very same scale of
pay of Rs.3590-5400 with effect from 1.3.1997. Subsequently by
Ext.P3, the scale of pay of the nurses of the Health Service
Department alone was revised as Rs.4000-6090. At that time itself
there was no reason why the scale of pay of Junior Public Health
Nurses of the Municipal Common Service should not also have been
revised as Rs.4000-6090 on par with that of the Health Service
Department Nurses. As is the wont of the Government, the
Government grants benefits only to those people who clamour for the
same. Therefore, the Nurses of the Municipal Common Service also
had to clamour for it and they were also granted the same. Ext.P4
dated 15.1.2001 was issued with a condition that it shall come into
force only with effect from 1.1.2001. I am unable to find any logic as
to why these nurses in the two separate departments should be
treated differently in the matter of date of coming into force of the
revised scale of pay. When identically situated persons are given the
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benefit given to one later than the other, both should be given with
effect from the very same date. When Nurses of Health Service
Department were given the benefit of the scale of pay of Rs.4000-
6090 with effect from 1.3.1997, I find absolutely no logic in granting
the same scale of pay to Nurses of Municipal Common Service only
with effect from 1.1.2001. It is not as if the Government is giving a
concession to Nurses of the Municipal Common Service. They were
also given the same scale of pay because they were entitled to such
parity with nurses of the Health Service Department. That was a
recognition of their right. Then that right should be with effect from the
very same date on which date that right was given to the Nurses of the
Health Service Department. Therefore, I hold that pursuant to 1997
pay revision the petitioners are also entitled to revised scale of pay of
Rs.4000-6090 with effect from 1.3.1997 as in the case of Junior Public
Health Nurses Grade II of the Health Service Department. Orders in
this regard shall be passed by the 1st respondent and arrears disbursed
to the petitioners as expeditiously as possible, at any rate, within two
months from the date of receipt of a certified copy of this judgment.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge
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S.SIRI JAGAN, J.
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O.P.No. 9881 of 2002-B
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J U D G M E N T
30th September, 2009