STATE OF KERALA, Vs. JAMES N.J.

JUDGEMENT

(1.) THE appellants are the respondents in O.P. No. 21603 of 2001. The sole respondent is the petitioner therein. The brief facts of the case are as follows.

(2.) THE respondent entered service as Junior Accountant in the Treasury Department on 22.4.1976. He was promoted as Treasurer (equivalent to Senior Accountant) in May 1981 and as Senior Accountant (Higher Grade) on 2 -5 -1991 in the scale of pay of Rs. 1050 -1830. On promotion as Senior Accountant (Higher Grade) his pay was fixed at Rs. 1410/ -. By G.O. (P) No. 600/93/Fin. Dated 25.9.1993, the scales of pay of State Government employees were revised with effect from 1.3.1992. By the said Government order, the scale of pay of Rs. 1050 -1830 stood revised to Rs. 1400 -2300. The respondent opted to come over to the revised scale of pay with effect from that date. Accordingly his pay was revised and re -fixed at Rs. 1520/ - as on 1.3.1992. He was also granted increments thereafter and as on 1.5.1996 he was drawing a basic pay of Rs. 1720/ -.

(3.) THE respondent's junior Sri.V.Sreedharan opted to come over to the revised scale of Rs. 1400 -2300 introduced as per the 1992 pay revision order only with effect from 19 -9 -1995 as a result of which his pay was fixed at Rs. 1850 as on 19 -9 -1995. As a result thereof the respondent's junior started drawing a higher pay. The respondent thereupon moved the Director of Treasuries seeking rectification of the anomaly. The said request was rejected by the Director of Treasuries and the decision communicated to the respondent by Ext.P3 letter dated 15.5.2001. The instant writ petition was thereupon filed challenging Ext.P3 and seeking the following reliefs: