K.S. Radhakrishnan, J.

1. Respondent was the petitioner in the Original Petition. He was originallyappointed as Lower Division Clerk in the Medical College Office,Thiruvananthapuram on a scale of Rs. 40-120 as per the advice of the KeralaPublic Service Commission. He was later posted in the Medical RecordsLibrary, Medical College Hospital, since he was a Science graduate. Later apost of Medical Records Librarian was created on 3rd January 1962.Respondent was an applicant for the post. Scale of pay of the said post wasRs. 80-180.

2. Respondent was transferred to the Office of the Medical College Men'sHostel on 15th January 1961, that Was before the creation of the post ofMedical Records Librarian. At that time, some of the juniors of the respondent,who were continuing in the Medical Records Library got the benefit of higherscale of pay attached to the post of Medical Records Librarian. Respondentthen preferred a representation before the Government for parity of pay. TheDirector of Medical Education recommended the fixation of his pay equal tothe pay drawn by his junior's from 1963 onwards. Government examined thematter and accorded sanction for fixing notionally the scale of pay of therespondent on the basis of his juniors who worked in the Medical RecordsLibrary with effect from January 1963. However, it was ordered by theGovernment that the monetary benefit would be given to the respondent onlyfrom the date on which he was officiating as Administrative Assistant.Respondent, aggrieved by the said condition, approached this Courtchallenging the same, and sought for a declaration that he is entitled to get fullmonetary benefit of notional fixation of pay from January, 1963 onwards.Learned Single Judge took the view that after having found that therespondent was entitled to the benefit of the post of Medical RecordsLibrarian, it was wrong on the part of the Government in denying the monetarybenefits to the respondent. Consequently, learned Judge quashed thecondition imposed in Ext. P1 and declared that respondent was entitled tomonetary benefits only from the date on which he was officiating in the post ofAdministrative Assistant. Aggrieved by the said Judgment, State has come upin appeal.

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

4. Counsel appearing for the respondent, on the other hand, submitted thatsince respondent's juniors Were given the monetary benefits, respondent isalso entitled to get the same, and reiterated the same contentions which wereraised before the learned Single Judge, before us also.

5. 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 wasalready transferred to the Medical College Men's Hostel on 15th January 1961.He worked there as Lower Division Clerk. Later, he was promoted as UpperDivision Clerk, Head Accountant, Junior Superintendent, SeniorSuperintendent and Administrative Assistant and monetary benefits attachedto those posts were availed of by him. Had the respondent been allowed tocontinue in the Medical Records Library with effect from January, 1963 hewould have retired as Medical Record Superintendent in the scale of pay ofRs. 1200-3200 only. Due to his transfer from Medical Records Library, to theMedical College Men's Hostel, he had retired as Administrative Assistant in thescale of Rs. 3200-3500 which was higher than of Medical RecordsSuperintendent. 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 monetary benefit directed to be gi