K GOPAKUMAR Vs. DIRECTOR OF URBAN AFFAIRS

JUDGEMENT

(1.) THE petitioners are lift operators working in the Kerala Municipal Common Service. According to them, they are Class IV employees. THE peons working in Municipal Common Service are also Class IV employees. THE peons sought inclusion of them also in the feeder category for appointment to the post of L.D. Clerk/Bill Collector in the inservice quota. Pursuant to the directions of this Court in Ext.P1 judgment, the claims of the peons were considered and by Ext.P2 Government Order, 10% of the cadre strength was set apart to be filled up by direct recruitment from qualified low paid employees. Pursuant to the said order, by Ext.P3 order, 104 peons were appointed as L.D. Clerks/Bill Collectors. THE petitioners' grievance in this writ petition is that they have no other promotion avenues and they have not been given the benefit given to peons. THEy would further point out that by Ext.P4 Government Order, lift operators in Secretariat Service were also given similar benefit. Still the petitioners representation in this regard was rejected by Ext.P6 order on the ground that the scale of pay of the petitioners is more than that of the peons and lift operators are entitled to 10 year, 18 year and 23 year higher grades also. THE petitioners are challenging Ext.P6 order, seeking the following reliefs:

(2.) THE 2nd respondent has filed a counter affidavit supporting Ext.P4 but saying that a decision in this regard has to be taken by the Government only.

(3.) IN the above circumstances, I am of opinion that the Government should take a second look into the claim of the petitioners in tune with Exts. P2 and P4 orders in respect of peons of Municipal Common Service and lift operators of Secretariat Service. For this purpose, Ext.P6 order is quashed. The Government is directed to re- consider the issue in the light of the observations herein above. Orders in this regard shall be passed as expeditiously as possible at any rate within 3 months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above.