Kerala High Court
Sarojini V vs State Of Kerala on 15 May, 1978
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:-
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
FRIDAY, THE 1ST DAY OF JUNE 2012/11TH JYAISHTA 1934
W.P.(C).No.20616 of 2006 (D)
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PETITIONER:-
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SAROJINI V.,
RETIRED HEAD MISTRESS, CHAMPAD L.P.SCHOOL,
POST CHAMPAD, RESIDING AT MOKERI, PANOOR,
THALASSERY.
BY ADVS.SRI.P.V.SURENDRANATH
SRI.V.A.ABDUL JALEEL
RESPONDENTS:-
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1. STATE OF KERALA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF GENERAL EDUCATION,
SECRETARIAT,THIRUVANANTHAPURAM.
2. ACCOUNTANT GENERAL,
OFFICE OF THE ACCOUNTANT GENERAL,
THIRUVANANTHAPURAM.
3. THE DIRECTOR OF PUBLIC INSTRUCTIONS,
THIRUVANANTHAPURAM.
4. THE DEPUTY DIRECTOR OF EDUCATION,
KANNUR.
5. THE DISTRICT EDUCATIONAL OFFICER,
THALASSERY.
6. ASSISTANT EDUCATIONAL OFFICER, CHOKLI.
BY GOVERNMENT PLEADER SRI.JAMES MATHEW KADAVAN.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01-06-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:-
W.P.(C).NO.20616 OF 2006-D
APPENDIX
PETITIONER'S EXHIBITS:-
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EXT.P1 - TRUE COPY OF THE APPOINTMENT ORDER DATED 15.5.1978
ISSUED BY THE 6TH RESPONDENT.
EXT.P2 - TRUE COPY OF THE ORDER DATED 22.4.1988 ISSUED BY THE
6TH RESPONDENT.
EXT.P3 - TRUE COPY OF THE JUDGMENT OF THIS COURT IN O.P.
NO.2100/1999 DATED 27.1.1999.
EXT.P4 - TRUE COPY OF THE STATEMENT OF FIXATION OF PAY IN THE
HEADMASTER SCALE W.E.F.8.7.1989 ISSUED BY THE 6TH
RESPONDENT.
EXT.P5 - TRUE COPY OF THE REPRESENTATION DATED 10.9.1999
SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.
EXT.P6 - TRUE COPY OF THE JUDGMENT OF THIS COURT IN O.P.
NO.13727/2001 DATED 17.3.2003.
EXT.P7 - TRUE COPY OF THE REPRESENTATION DATED 09.09.2004
SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE
MINISTER FOR EDUCATION.
EXT.P8 - TRUE COPY OF THE ORDER DATED 14.11.2005 ISSUED BY THE
1ST RESPONDENT.
RESPONDENT'S EXHIBITS:-
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NIL.
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K.Vinod Chandran, J.
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W.P.(C).No.20616 of 2006-D
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Dated this, the 1st day of June, 2012
JUDGMENT
The petitioner, who is now retired, claims the pay scale applicable to Headmistress with effect from 1.9.1987, from which date the petitioner was redesignated and appointed as Headmistress as per Exhibit P2 order dated 22.4.1988. The petitioner had then approached this Court with an Original Petition which was disposed of by Exhibit P3, directing the Government to consider the case of the petitioner and pass orders in accordance with the law declared by a Full Bench of this Court reported in Indira v. State of Kerala [1998 (2) ILR Kerala 771]. Despite Exhibit P3 judgment, the petitioner not having been granted the scale of pay, she was constrained to approach this Court with yet another Original Petition, which was again disposed of by Exhibit P6. Exhibit P6 judgment clearly declares that the petitioner is entitled to get the Headmaster's scale with effect from 1.9.1987. However, though it was recorded that the benefit has already been granted to the petitioner, it is WP(C).No.20616 of 2006-D
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now submitted by the learned counsel for the petitioner based on Exhibit P8 order that in fact her appointment to the post of Headmistress has been regularised only with effect from 8.7.1989. The contention of the State seems to be that regularisation can be granted only after completion of 15 years. It is evident from the statement in para 3 of the counter affidavit that the petitioner had completed 15 years service on 8.7.1989 and it is only on that premise her appointment as Headmistress was regularised on that date. However, Exhibit P2 clearly shows that the petitioner had been appointed as Headmistress on 1.7.1987. The 15 years' prescription was by G.O.(P).No.136/88/G.Edn. dated 8.9.1988 which, it has been categorically stated in the counter affidavit, has been withdrawn; as herein below:
"As per G.O.(MS) No.55/73/G.Edn. dated 24.04.73 Government sanctioned as a new scale of pay for Headmasters of UP/LP Schools with effect from 01-06- 1973. In the G.O.(MS) No.242/74/G.Edn dated 11.12.1974 minimum service of 15 years was prescribed for drawing the Headmaster's scale of pay for the Headmasters of WP(C).No.20616 of 2006-D
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Aided Primary Schools. The above order were incorporated with Rule 1(1) of Chapter XXVI KER with effect from 01-06-73 as per notification No.G.O.(P) No.136/88/G.Edn dated 08.09.1988. This notification was published in the gazette dated 15.09.1988. The notification was quashed by G.O.(P).No.127/99/G.Edn. dated 04.06.1999. As per the above G.O. all the teachers who were appointed as Aided Primary Schools Headmaster till 15.09.88 will be granted Headmasters scale of pay. But the petitioner does not come under the [purview of the G.O. dated 4.6.199 since her appointment was made as Assistant-in-Charge by the Manager on her own request. The petitioner has no complaint against her scale of pay at the time of accepting the appointment as Assistant-in-Charge".
(emphasis supplied) In the circumstances, the respondents cannot now contend that the petitioner's redesignation as Headmistress can be treated to be regularised only after 15 years of service. If that is accepted, it would go against the specific declaration made in Exhibit P6 as also the admissions in the counter affidavit of the State.
WP(C).No.20616 of 2006-D
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In the circumstances, the writ petition is allowed, directing the respondents to grant the petitioner the scale of pay of Headmistress with effect from 1.9.1987, the entitlement of which is declared in Exhibit P6. The exercise shall be completed within a period of three months from the date of receipt of a certified copy of this judgment. There will be no order as to costs.
Sd/-
K.Vinod Chandran,
vku/- Judge.
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