IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 6TH NOVEMBER 2009 / 15TH KARTHIKA 1931 OP.No. 2010 of 2002(L) ---------------------- PETITIONER(S): --------------- 1. P.A.LISSY, NOW WORKING AS HIGHER SECONDARY SCHOOL TEACHER, ST.STEPHAN HIGHER SECONDARY SCHOOL, KEERAMPARA. 2. K.V.ABRAHAM, NOW WORKING AS HIGHER SECONDARY SCHOOL TEACHER, ST.STEPHAN HIGHER SECONDARY SCHOOL, KEERAMPARA. 3. N.S.ISSAC, NOW WORKING AS HIGHER SECONDARY SCHOOL TEACHER, ST.STEPHAN HIGHER SECONDARY SCHOOL, KEERAMPARA. BY ADV. SRI.BENOY THOMAS SRI.PAULSON THOMAS RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HIGHER SECONDARY EDUCATION, CHENNKALCHOOLA, THIRUVANANTHAPURAM. 3. DISTRICT EDUCATIONAL OFFICER, KOTHAMANGALAM. 4. THE MANAGER, ST.STEPHAN HIGHER SECONDARY SCHOOL, KEERAMPARA. (R4 DELETED FROM THE PARTY ARRAY AT THE RISK OF THE PETITIONERS AS PER ORDER DT 29.2.08 IN IA.3150/08) GOVERNMENT PLEADER SMT.N.SUDHA DEVI THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 6.11.2009 , THE COURT ON 06/11/2009 DELIVERED THE FOLLOWING: OP.2010/02 2 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER OF APPOINTMENT OF 1ST PETITIONER. P2 COPY OF THE RELEVANT PORTION OF G.O. DT 25.11.98 P3 COPY OF THE ORDER OF R3 DT 19.6.99 P4 COPY OF THE ORDER DT 27.9.2000 P5 COPY OF THE ORDER OF APPOINTMENT OF 2ND PETITONER P6 COPY OF THE REPRESENTATION BEFORE R1 P7 COPY OF THE ORDER OF R3 DT 25.9.2000 P8 COPY OF THE REPRESENTATION TO R1 P9 COPY OF THE DECREE DT 14.11.2000 P10 COPY OF THE G.O. DT 25.11.2000 // True Copy // P.A. To Judge S. SIRI JAGAN, J. `````````````````````````````````````````````````` O.P. No. 2010 of 2002 L `````````````````````````````````````````````````` Dated this the 6th day of November, 2009 J U D G M E N T While the petitioners were working as High School Assistants, they were appointed by transfer as Higher Secondary School Teachers on various dates in 1998. They raise two grievances in this original petition. First is regarding higher grade in accordance with the 1997 pay revision order. Under the pay revision order, all benefits as per the order, except higher grade benefits were implemented with effect from 01-03-1997 and higher grade benefits were implemented with effect from 01-11-1998. The petitioners submit that the petitioners are entitled to benefit of higher grade in the post of High School Assistant as per the pay revision order. The second contention is that on appointment as Higher Secondary School Teachers, the petitioners are entitled to fixation under Rule 28A of Part I of Kerala Service Rules, which has been denied to them. According to the petitioners, the Government has, by G.O.(MS) No.30/2002.Edn.dated 30/01/2002, clarified that the teachers appointed as Higher Secondary School OP.2010/02 : 2 : Teachers by transfer from High School Assistants and U.P. School Assistants and L.P.School Assistants will be eligible for fixation of their pay on such appointment, under Rule 28A of Part I KSR. According to the petitioners, going by the said Government Order, they are eligible for fixation under Rule 28A, which has been denied to them. 2. I have heard learned Government Pleader also. 3. As far as the first prayer is concerned, admittedly as per the pay revision order, higher grade benefits were implemented with effect from 01-11-1998 only. On 01-11-1998, the petitioners had already become Higher Secondary School Teachers. Therefore, they are not eligible for higher grade in the post of High School Assistant. 4. However, I find that the petitioners are entitled to fixation under Rule 28A of Part I of KSR in view of G.O.(MS) No.30/2002.Edn.dated 30/01/2002, relevant portion of which reads thus:- “ 5. Government have examined the case in detail and are pleased to clarify that the teachers appointed as Higher Secondary OP.2010/02 : 3 : School Teachers by transfer from among High School Assistant, U.P.School Assistant and L.P. School Assistant will eligible for fixation of their pay in the new scale under Rule 28-A Part-I of Kerala Service Rules.” Accordingly, this writ petition is disposed of with a direction to the second respondent to consider the claim of the petitioners for fixation of pay in the scale of pay applicable to Higher Secondary School Teachers under Rule 28A of Part I of KSR, in the light of the Government Order referred to above. Orders shall be passed in this regard, after affording an opportunity of being heard to the petitioners, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. (S. SIRI JAGAN, JUDGE) aks OP.2010/02 : 4 : S. SIRI JAGAN, J. `````````````````````````````````````````````` O.P. No. 2010 of 2002 L `````````````````````````````````````````````` J U D G M E N T 6th day of November, 2009