IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 WP(C).No. 2150 of 2004(E) ------------------------- PETITIONER(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM 2. THE GENERAL EDUCATION SECRETARY, HIGHER SECONDARY EDUCATION SECTION, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. THE DIRECTOR, HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, THIRUVANANTHAPURAM BY MR.P.NANDAKUMAR, GOVERNMENT PLEADER RESPONDENT(S): --------------- N.RABINDRANATH, LEKSHMY BHAVAN, KUREEPPALLY, (NEAR ST.JUDE), P.O. ALUMOODU, MUKHATHALA, KOLLAM 691 577 ADV. SRI.P.B.SURESH KUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.2150/2004 APPENDIX PETITIONER'S EXHIBITS P1 : COPY OF COMPLAINT NO.266/2002 ON THE FILE OF LOK AYUKTA, THIRUVANANTHAPURAM ALONG WITH DOCUMENTS. P2 : COPY OF STATEMENT FILED BY THE PETITIONERS BEFORE THE LOK AYUKTA. P3 : COPY OF ORDER IN COMPLAINT NO.266/2002 DATED 17/12/2002. // TRUE COPY // PA TO JUDGE. jg ANTONY DOMINIC, J. ------------------------- W.P.(C.) No.2150 of 2004 (E) --------------------------------- Dated, this the 17th day of December, 2009 J U D G M E N T Challenge in the writ petition is against Ext.P3 order passed by the Kerala Lok Ayukta holding that the respondent is entitled to have refixation of pay taking note of his special pay as also arrears consequent on the refixation, with a further direction that his pension and terminal benefits shall also be refixed on that basis. 2. The respondent, who was an HSA, subsequent to his joining as HSST, for the reason that scale of pay of that post was not fixed, the Government had ordered payment of special pay. However, that was subsequently discontinued and it is this benefit, which is ordered to be paid by the impugned order. In paragraph 3 of the writ petition, it is stated thus:- “3. The Department filed a statement before the Kerala Lok Ayukta stating that once a scale of pay is prescribed for a post special pay granted in lieu of Higher time scale of pay cannot be reckoned for fixation of pay in the scale. Since the petitioner can come over to the new higher time scale of pay and get his pay fixed in the new higher scale with reference to the pay he was already receiving in the lower time scale of pay, it was submitted WP(C) No.2150/2004 -2- that he is not eligible for the special pay which was granted in lieu of the higher time scale. It was also submitted that the Government have by G.O(MS)No.30/2002/G.Edn. dated 30/01/2002 clarified that special pay sanctioned in lieu of higher time scale of pay will not be counted while fixing pay in the time scale of pay sanctioned to Higher Secondary School Teachers. True copy of the statement filed by the Department is produced herewith and marked as Ext.P2.” A reading of the impugned order shows that it was over looking the aforesaid factual contention of the petitioners that the impugned order was issued. For that reason itself, Ext.P3 deserves to be set aside. Accordingly, quashing Ext.P3, this writ petition is disposed of. (ANTONY DOMINIC, JUDGE) jg