IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 25TH MARCH 2009 / 4TH CHAITHRA 1931 OP.No. 25996 of 2001(T) ----------------------- PETITIONER(S): --------------- DR.D.SEETHAMONY, NO.18, TAGORE GARDENS, MEDICAL COLLEGE P.O., THIRUVA- NANTHAPURAM. BY ADV. SRI.M.BALAGOVINDAN SRI.P.C.HARIDAS RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE CHIEF SECRETARY, SECRETARIAT, TRIVANDRUM. 2. THE SECRETARY TO GOVT., GENERAL EDUCATION DEPT., SECRETARIAT, TRIVANDRUM. 3. THE SECRETARY TO GOVT., FINANCE DEPT., SECRETARIAT, TRIVANDRUM. 4. THE DIRECTOR, STATE INSTITUTE OF EDUCATION, TRIVANDRUM. 5. THE ACCOUNTANT GENERAL, O/O. THE A.G. TRIVANDRUM. GOVERNMENT PLEADER SMT.SMITHA SUKUMAR FOR R1 TO 5 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 25/03/2009, THE COURT ON 25/03/2009 DELIVERED THE FOLLOWING: O.P.No. 25996/01. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE GOVT. ORDER DTD.31.5.93. P2. COPY OF THE GOVT. ORDER DTD.15.5.86. P3. COPY OF THE REPRESENTATION. P4. COPY OF THE REPRESENTATION BEFORE R1. P5. COPY OF THE REPRESENTATION BEFORE MINISTER FOR EDUCATION. P6. COPY OF THE JUDGMENT IN O.P.No. 24847/00 OF THIS COURT. P7. COPY OF THE ORDER OF R1 DTD.17.2.01. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.No.25996 of 2001 ================== Dated this the 25th day of March, 2009 J U D G M E N T The petitioner was a Research Officer in the Education Department of the Government of Kerala. She was appointed as Pre-Primary Education Officer with effect from 1.7.1990. She retired from service on 31.5.1993. The petitioner's grievance in this original petition is that the petitioner was not permitted to exercise option to come over to the revised pay scale of Rs.2650-4200 applicable to the post of Joint Director, in which cadre, the post of Pre-Primary Education Officer was. According to the petitioner, by Ext.P2 Government order dated 15.5.1986, the post of Pre-Primary Education Officer, which was originally in the grade of Deputy Director, was upgraded to that of Joint Director as a separate and specialist cadre distinct from the regular cadre of joint Director in the Department and one Dr.C.Leela Devi was appointed to that post. It was on retirement of the said Dr.Leela Devi that the petitioner was appointed to that post. The petitioner, therefore, submits that on appointment to the post of Pre-Primary Education Officer in the cadre of Joint Director, she should be allowed to exercise option in the revised pay scale as applicable to that of Joint Director. However, that benefit was denied to her and her retirement benefits were fixed in the cadre of Deputy o.p.25996/01 2 Director only. The petitioner's representation in this regard, which was considered as directed in Ext.P6 judgment of this Court, was rejected by Ext.P7 order dated 17.2.2001. The petitioner is seeking the following reliefs in this original petition. “a. Issue a writ of mandamus or other appropriate writ, order or direction calling for all records and files leading up to Ext.P7 and quash the same. b. To declare that the petitioner is entitled to exercise option to the revised scale of Rs.2650-4200/- and to get all consequent monetary benefits from 1.03.1992. c. Issue a writ of mandamus or other appropriate writ, direction or order directing the respondents. (i) to allow the petitioner to exercise option to the revised pay scale of Rs.2650-4200. (ii) To re-fix the pay of the petitioner as per the above option, w.e.f. 1.3.92. (iii) To pay all arrears on the above basis. d. Grant such other reliefs that are deemed fit and proper in the circumstances of the case.” 2. The contention of the petitioner is that by virtue of Ext.P2, the post of Pre-Primary Education Officer has been borne in the cadre of Joint Director and, therefore, the petitioner's appointment to that post on the retirement of Dr.Leela Devi should also have been in the cadre of Joint Director in the scale of pay applicable to Joint Director. Consequently, according to the petitioner, the petitioner is eligible for scale of pay applicable to Joint Director and consequent benefit of option in the revised scale of pay of Joint Director in accordance with o.p.25996/01 3 1992 pay revision. 3. A counter affidavit has been filed by the 1st respondent, in which it is stated that the petitioner did not have the qualification prescribed for the post of Pre-Primary Education Officer, which included a qualification in Graduation or Post Graduation in Child Psychology and Diploma in Nursery Training. The petitioner did not have both. Of course, she had M.Ed., Ph.D. etc. which were higher qualifications, but not qualifications in Child Psychology and Nursery Training. According to the 1st respondent, the post of Pre-Primary Education Officer was borne in the cadre of Deputy Director only, which was upgraded only for Dr.Leela Devi, on whose retirement it was reverted back to the cadre of Deputy Director. Thereafter, the petitioner was appointed as Pre-Primary Education Officer only in the cadre of District Education Officer. Subsequently, by Ext.P1 dated 31.5.1993, the same was upgraded to that of Deputy Director. The petitioner, therefore, is not entitled to the scale of pay applicable to the Joint Director, is the contention raised by the respondents. 4. I have considered the rival contentions in detail. 5. The petitioner has not chosen to produce her appointment order as Pre-Primary Education Officer. Obviously, her appointment was not in the cadre of Joint Director, but only in the cadre of District Education Officer as is evident from Ext.P1. The petitioner did not o.p.25996/01 4 choose to challenge the same. Again, by Ext.P1 order, the post of Pre- Primary Education Officer was upgraded to the post of Deputy Director, which also the petitioner has not challenged. Without challenging those orders, the petitioner cannot sustain a claim for retirement benefits in the scale of pay applicable to Joint Director. Therefore, I do not find any merit in the original petition and accordingly, the same is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.No.25996 of 2001-T ================== J U D G M E N T 25th March, 2009