IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 20TH OCTOBER 2008 / 28TH ASWINA 1930 WP(C).No. 15147 of 2005(C) --------------------------------------- PETITIONERS: --------------------- 1. SUSEELA DEVI, AGED 38 YEARS, W/O.P.BALACHANDRAN NAIR, KANIYATTUKiZHAKKEKUTTA, KUMARANELLOOR P.O., (KOTTAYAM (U.P.S.A., N.S.S. HIGH SCHOOL, KIDANGOOR). 2. ANNAMMA.P.V., W/O.M.V.THOMAS, (U.P.S.A., ST.MARY'S GIRLS HIGH SCHOOL, ATHIRAMPUZHA), MANALEL HOUSE, KADUTHURUTHY P.O., KOTTAYAM. 3. LALU.A.MARY ALEX, W/O.JOSEPH P.ABRAHAM, (U.P.S.A. ST.ANNE'S HIGH SCHOOL, KOTTAYAM), PAZHAVUR HOUSE, CHINGAVANAM P.O., KOTTAYAM. BY ADV. SRI. E.S.M.KABEER. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM. 3. THE DISTRICT EDUCATIONAL OFFICER, PALA. 4. THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM. 5. THE ACCOUNTANT GENERAL (A&E), THIRUVANANTHAPURAM. BY GOVT.PLEADER SRI. T.T. MOHAMMED. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/10/2008, ALONG WITH W.P.(C). NOS. 15485/ 2005 & 15496/ 2005 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.15147/2005-C: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE STATEMENT OF FIXATION OF APY OF THE P.1. EXT.P.2: COPY OF THE RELEVANT EXTRACT OF THE AUDIT REPORT OF THE P.1. DTD. NIL. EXT.P.3: COPY OF THE STATEMENT OF FIXATION OF PAY OF THE P.2. DTD. 17/04/1998. EXT.P.4: COPY OF THE RELEVANT EXTRACT OF THE AUDIT OBJECTION OF THE P.2. DTD. NIL. EXT.P.5: COPY OF THE STATEMENT OF FIXATION OF PAY OF THE P.3. DTD. 12/02/1999. EXT.P.6: COPY OF THE RELEVANT EXTRACT OF THE AUDIT OBJECTION OF THE P.3. DTD. NIL. EXT.P.7: COPY OF THE CIRCULAR NO. 52373/J2/93/G. EDN. DTD. 06/03/98. EXT.P.8: COPY OF THE JUDGMENT IN O.P. NO. 36489/2000 DTD. 13/12/2004. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).Nos.15147,15485 & 15496/2005 ----------------------------------------------------------- Dated this the 20th day of October, 2008 JUDGMENT In these writ petitions the claim of the respective petitioners is for reckoning their provisional service prior to their regular service for the purpose of time bound higher grade. In so far as the petitioner in WP(c).No.15485/2005 concerned since he has retired necessary reworking of his retirement benefits will also be needed. Since I have already rendered a judgment in WP(c).No.15273/2008 following the writ appeal judgment in W.A.No.1224/05, accepting the contention that the petitioners are entitled to the benefit of reckoning their prior provisional service, these writ petitions are also liable to be allowed. Accordingly, these writ petitions will stand allowed and Exts.P2 and P3 in WP(c).No.15496/2005, Exts.P2, P4 and P6 2 in WP(c).No.15147/2005 and Ext.P3 in WP(c). No.15485/2005 will stand quashed. Necessary consequential orders will be passed by the respective controlling officers within 3 months from today. ANTONY DOMINIC JUDGE vi. 3