IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 19TH DECEMBER 2011 / 28TH AGRAHAYANA 1933 WP(C).No. 33848 of 2011(E) -------------------------- PETITIONER: ------------- R.MOHANA KUMAR,S/O.RANGANATHA PILLAI, AGED 56 YEARS,NON-VOCATIONAL TEACHER IN ENGLISH (RETIRED),TECHNICAL HIGH SCHOOL AND VOCATIONAL HIGHER SECONDARY SCHOOL,MANCHA,NEDUMANGAD, THIRUVANANTHAPURAM(RESIDING AT THADATHARIKATHU VEEDU,P.O.CHETTACHAL,(VIA)VITHURA,NEDUMANGAD- 695 551. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA SRI.V.RAJASEKHARAN NAIR RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM, PIN-695001. 2. THE DIRECTOR OF VOCATIONAL HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM-695001. 3. THE PRINCIPAL, TECHNICAL HIGH SCHOOL AND VOCATIONAL HIGHER SECONDARY SCHOOL,MANCHA, NEDUMANGAD,THIRUVANANTHAPURAM-695551. BY SR.GOVT.PLEADER SHRI M.A.FAYAZ FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No. 33848/11 PETITIONER(S) EXHIBITS EXT.P1: TRUE COPY OF THE JUDGMENT IN W.P.(C)30423/2007 DT.2.7.09. EXT.P2: TRUE COPY OF THE G.O.(RT.)NO.681/2010/G.EDN.OF THE GOVERNMENT DT.11.2.10. EXT.P3: TRUE COPY OF THE LETTER NO.V/10/2009 OF THE 3RD RESPONDENT PRINCIPAL DT.6.4.11. EXT.P4: TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE GOVERNMENT DT.30.11.11. RESPONDENTS' EXHIBITS : NIL TRUE COPY P.A.TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.33848 of 2011 -------------------------------------------------- DATED THIS THE 19th DAY OF DECEMBER, 2011 JUDGMENT The petitioner herein seeks for a direction to the respondents to sanction Higher Grade to the petitioner reckoning the service from 19.6.2000, which was reckoned for increments and for grant of pensionary benefits. Exhibit P4 is the representation filed by the petitioner before the Government, which is said to be pending. 2. The service details of the petitioner show that he entered service as a Lower Division Typist in the Education Department on 28.6.1984. He was absorbed as a Lower Division Typist during 1992 and was made Upper Division Clerk in 1993. Based on his qualification, he was appointed as a Non-vocational Teacher(English) on 19.6.2000 in the Government Vocational Higher Secondary School, Vithura under Rule 9(a)(i) of Kerala State and Subordinate Service Rules in the scale of pay of Rs.6675-10550. Later he was transferred to another school in Nedumangad and he retired from service on 31.3.2011. W.P.(C)No.33848/11 -2- According to the petitioner, he is entitled to have fixation of pay in the revised scale which was initially granted; but the Principal refixed the same in the minimum of the time scale applicable to Non-vocational Teacher, based on a circular dated 21.2.2008. Reliance is placed on Exhibit P1 judgment of this Court, wherein a similar issue was considered. 3. It is upto the Government to take a decision on Exhibit P4 representation, after hearing the petitioner. There will be a direction to the Government to take a decision on Exhibit P4 representation, with notice to the petitioner, within a period of four months from the date of receipt of a copy of tis judgment, since the pensionary benefits are yet to be sanctioned. The petitioner will forward a copy of the Writ Petition along with a copy of this judgment to the Government for compliance. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn