IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 WP(C).No. 32087 of 2008(T) -------------------------- PETITIONER(S): --------------- BEENA ABRAHAM 41 YEARS, W/O.BENNY THOMAS PARATHANATH, POONJAR, KOTTAYAM LPSA AT ST.AUGUSTINES HIGH SCHOOL PERINGALAM. (NAME OF SCHOOL CORRECTED AS PER ORDER IN IA 14627/2008 DT. 20.11.2008) RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT THIRUVANANTHAPURAM. 2. ACCOUNTANT GENERAL(A&E) THIRUVANANTHAPURAM. 3. DISTRICT EDUCATIONAL OFFICER KANJIRAPPILLY. 4. ASSISTANT EDUCATIONAL OFFICER, ERATTUPETTA. GOVERNMENT PLEADER FOR R1-4 SMT. NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX EXT.P1-TRUE COPY OF STATEMENT OF FIXATION OF PAY DATED 1.3.2005 EXT.P2-TRUE COPY OF GO DATED 21.4.1071 EXT.P3-TRUE COPY OF STATEMENT OF FIXATION SHOWING THE REVISED HIGEHR GRADE EXT.P4-TRUE COPY OF STATEMENT OF FIXATION OF PAY EXT.P5-TRUE COPY OF FORWARDING LETTER EXT.P6-TRUE COPY OF AUDIT REPORT. // TRUE COPY // P.S. TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 32087 of 2008-T - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 18th day of August, 2011. JUDGMENT The challenge made is against Ext.P6 audit objection. This is a case where the broken period of service of the petitioner has been reckoned for the purpose of granting weightage. The petitioner contends that the audit objection cannot be sustained. 2. The objection raised in Ext.P6 is that the period of broken service in different time scale has to be excluded and if so, she had completed only 6 years and 8 months service on 1.3.2005 and was eligible for one increment only as service weightage. In 2004 pay revision, the petitioner's pay was fixed at Rs.8,190/- in the scale of Rs.6680-10790 allowing two increments as service weightage. 3. It is pointed out by the learned counsel for the petitioner that the petitioner had 10 years of broken service, as detailed in para 2 of the writ petition. It is averred therein that initially her probation was declared after one year and one increment was granted in the year 1993 counting the broken period of service for four years. On 1.3.2005 the petitioner was given 10 years higher grade. Learned counsel for the petitioner submitted wpc 32087/2008 2 that the view taken that broken service in different time scale cannot be reckoned, cannot be supported in the light of the various decisions of this Court. Learned counsel invited my attention to the decision of a Division Bench of this Court in Hussain v. Kerala Water Authority (1996 (2) KLT 555). A later judgment of this Court in W.P.(C) No.10060/2008 and connected case, considered the very same issue. In the judgment rendered by the Division Bench in Hussain's case (1996 (2) KLT 555), it was held that in the revision of pay scale, the identity of scale of pay will not be lost. In the light of the above, the petitioner is entitled to succeed in the writ petition. 4. Learned Govt. Pleader submitted that the stand taken in the counter affidavit is that in G.O.(P) No.145/06/Fin. dated 25.3.2006 regarding the rules for fixation of pay, in para 5(2) it is clearly stated that the “service for the purpose of this rule means service (where protection of pay is allowed) including broken periods of service qualifying for normal increment in the scale of pay. It is further mentioned in para 4 that Rule 33 of Part I K.S.R. also provides that the period of service in a post on a time scale at the same stage of pay, only will count for increment. Evidently, the Division Bench in Hussain's case (supra), has laid down the legal position wpc 32087/2008 3 as mentioned above. Therefore, the same will squarely apply herein also. 5. Therefore, the writ petition is allowed. Ext.P6 is quashed. The pay fixation made in respect of the petitioner will be treated as regular. No costs. (T.R. Ramachandran Nair, Judge.) kav/