Kerala High Court
Valsala Kumari J vs State Of Kerala on 26 June, 2009
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 16TH DAY OF NOVEMBER 2017/25TH KARTHIKA, 1939
WP(C).No. 35002 of 2017 (A)
----------------------------
PETITIONER(S):
-------------
1. VALSALA KUMARI J.,
D/O JANARDHANAN NAIR K.N., AGED 53 YEARS,
HEADMISTRESS, YMLP SCHOOL, CHEMMALA,
CHEMMALASSERI(P.O.), MALAPPURAM DISTRICT.
2. ABDUL AZEEZ K.,
S/O KUNHALI, AGED 44 YEARS,
HEADMASTER, AMLP SCHOOL,
PONNIAKURSSI NORTH, PERINTHALMANNA,
MALAPPURAM DISTRICT.
3. MALATHY V.A.,
D/O V.A.PANICKER, AGED 59 YEARS,
HEADMISTRESS(RETIRED), AUP SCHOOL,
PALATHODE, PALATHOLE (P.O.),
MALAPPURAM DISTRICT.
BY ADVS.SRI.K.T.SHYAMKUMAR
SRI.A.G.PRASANTH
RESPONDENT(S):
--------------
1. STATE OF KERALA,
REPRESENTED BY SECRETARY,
DEPARTMENT OF GENERAL EDUCATION,
SECRETARIAT,
THIRUVANANTHAPURAM-95001.
2. ASSISTANT EDUCATIONAL OFFICER,
PERINTHALMANNA,
MALAPPURAM DISTRICT.
BY SR. GOVERNMENT PLEADER SMT.NISHA BOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16-11-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
EL
WP(C).No. 35002 of 2017 (A)
----------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
-----------------------
EXHIBIT P1: TRUE COPY OF GO(P) NO.242/2009/129/FIN DATED
26.6.2009.
EXHIBIT P2: TRUE COPY OF THE GO(P) NO.145/20096 DATED
25.3.2006.
EXHIBIT P3: TRUE COPY OF THE JUDGMENT IN WPC NO:34575/2010
DATED 5.7.2011.
EXHIBIT P4: TRUE COPY OF THE JUDGMENT DATED 5.7.2016 IN W.A.
NO:1519/2012 AND CONNECTED CASES.
EXHIBIT P5: TRUE COPY OF THE ORDER DATED 30.6.2017 ISSUED BY
THE IST RESPONDENT.
EXHIBIT P6: TRUE COPY OF THE JUDGMENT IN WPC NO.19514/2017
DATED 21.7.2017.
RESPONDENT(S)' EXHIBITS
-----------------------
NIL
TRUE COPY
P.S. TO JUDGE
EL
P.V.ASHA J.
------------------------------------
W.P.(C).No.35002 of 2017
-------------------------------------
Dated this the 16th day of November, 2017
J U D G M E N T
Petitioners in this case are Headmasters, who are denied the first higher grade in accordance with the pay revision orders. Petitioners 1 and 3 became eligible for first higher grade on completion of 10 years of service, in accordance with the provisions contained in pay revision orders issued as per G.O. (P).No.3000/98/Fin dated 25.11.1998. The second petitioner became eligible for first higher grade on completion of 8 years of service, in accordance with the pay revision orders issued in Ext.P2-G.O.(P). No.145/06/Fin dated 25.03.2006 as modified by Ext.P1 order dated 26.06.2009. The first petitioner was promoted as Headmistress on 16.08.1989. The second petitioner was promoted as Headmaster on 01.06.2006. The 3rd petitioner was promoted as Headmistress on W.P.(C).No.35002 of 2017 2 01.06.1994.
2. This Court has already considered the similar cases, in the judgments Ext.P3 in W.P.(C). No.34575 of 2010 dated 05.07.2011, Ext.P4 in W.A.No.1519 of 2012 and connected cases dated 05.07.2016 and Ext.P6 in W.P.(C).No.19514 of 2017 dated 21.07.2017 and have already held that higher grade to Headmasters is governed by the respective pay revision orders and the eligibility for Headmasters' scale can have no relevance in the matter.
In view of the aforesaid judgments, petitioners 1 and 3 herein are entitled to first higher grade on completion of 10 years of service as Headmasters, in accordance with the pay revision order issued in G.O. (P).No.3000/98/Fin dated 25.11.1998. The 2nd petitioner is eligible for the first higher grade on completion of 8 years of service. There shall be a direction to the second respondent to sanction the first higher grade to the petitioners 1 and 3 on W.P.(C).No.35002 of 2017 3 completion of the 10 years of service after their promotion as Headmasters and to sanction the first higher grade to the 2nd petitioner on completion of the 8 years of service after his promotion as Headmaster and to grant them all consequential benefits within a period of 'three months' from the date of receipt of a copy of the judgment.
Sd/-
P.V.ASHA, JUDGE.
AS