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2000 Supreme(Ker) 604

ARIJIT PASAYAT, K.S.RADHAKRISHNAN
State of Kerala – Appellant
Versus
Jacob – Respondent


JUDGMENT

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





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