State of Kerala vs K.M. Jacob

K.S. Radhakrishnan, J.—Respondent was the Petitioner in the Original Petition. He was originally appointed as Lower. Division Clerk in the Medical College Office, Thiruvananthapuram on a scale of Rs. 40-120 as per the advice of the Kerala Public Service Commission. He was later posted in the Medical Records Library, Medical College Hospital, since he was a Science graduate. Later a post of Medical Records Librarian was created On 3rd January 1962. Respondent was an applicant for tike post. Scale of pay of the said post was Rs. 80-180.

Respondent was transferred to the Office of the Medical College Men''s Hostel on 15th January 1961, that was before the creation of the post of Medical Records Librarian: At that time, some of the juniors of the Respondent, who were continuing in the Medical Records Library got the benefit of higher scale of pay attached to the post of Medical Records Librarian. Respondent then preferred a representation before the Government for parity of pay. The Director of Medical Education recommended the fixation of his pay equal to the pay drawn by his junior''s from 1963 onwards. Government examined the matter and accorded sanction for fixing notionally the scale of pay of the Respondent on the basis of his juniors who worked in the Medical Records Library with effect from January 1963. However, it was ordered by the Government that the monetary benefit would be given to the Respondent only, from the date on which he was officiating as Administrative Assistant. Respondent, aggrieved by the said condition, approached this Court challenging the same, and sought for a declaration that he is entitled to get full monetary benefit of notional fixation of pay from January, 1963 onwards. Learned Single Judge took the view that after having found that the Respondent was entitled to the benefit of the post of Medical Record Librarian. it was wrong on the part of the Government in denying the monetary benefits, to the Respondent. Consequently, learned Judge quashed the condition imposed in Ext. P-1 and declared that Respondent was entitled to monetary benefit only from the date on which he was officiating in the post of Administrative Assistant. Aggrieved by the said Judgment, State has come up in appeal.

Learned Government Pleader submitted that learned Judge has committed an error in interfering with the Government order and directing the Government to pay monetary benefits to the Respondent. According to learned Government Pleader, since the Respondent had not worked in the said post, he is not entitled to get salary.

Counsel appearing for the Respondent, on other hand, submitted that since Respondent''s junior were given the monetary, benefits, Respondent is also entitled to get the same, and reiterated the same contentions which were raised before the learned Single Judge, before us also.

We find that the post of Medical Records Librarian was created as per G.O. Ms. No. 13/62/H, dated 3rd January 1962. The post carried a scale of Rs. 80-180. Before the creation of the above mentioned post, Respondent was already transferred to the Medical Collage Men''s Hostel on 15th January 1961. He worked there as Lower Division Clerk. Later, he was promoted as Upper Division Clerk, Head Account, Junior Superintendent Senior Superintendent and Administrative Assistant and monetary benefits attached to those posts were availed of by him. Had the Respondent been allowed to Continue in the Medical Records Library with effect from January 1963 he would have retired as Medical Record Superintendent in the scale of pay of Rs. 1200-3200 only. Due to his transfer from Medical Records Library, to the Medical College Men''s Hostel, he had retired as Administrative Assistant in the scale of Rs. 3200-3500 which was higher than that of Medical Records Superintendent. Since the Respondent had already enjoyed the said benefit promotion, and retired as Administrative Assistant in the scale of pay of Rs. 3200-3500, we are of the view that the monetory benefit directed to be given to the Respondent by the learned Single Judge cannot be sustained. Admittedly Respondent had not worked in various post in the Medical Record Library. After his transfer to the Medical College Men''s Hostel, all along he worked there and got his due promotions. Since the Respondent had made a request for parity of pay with his Junior, and other benefits, Government rightly granted the same, except the monetary benefit.

We do not find any illegality in the order passed by the Government to be corrected by this Court under Article 226 of the Constitution of India. We are of the view that since Respondent had not worked in the Medical Records Library, he is not entitled to get monetary benefit. We therefore sustain the Government Order and reverse the judgment of the learned single Judge.

Writ appeal is allowed as above.