IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 24TH JUNE 2009 / 3RD ASHADHA 1931 WP(C).No. 915 of 2007(H) ------------------------ PETITIONER(S): --------------- SUKUMARAN E.V., RETIRED PRINCIPAL, S.N.VILASAM HIGH SCHOOL, ALOOR, RESIDING AT EDATHADAN HOUSE, ALOOR P.O., (VIA) KALLETTUMKARA, THRISSUR DISTRICT, PIN-680 683. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN RESPONDENT(S): --------------- 1. DISTRICT EDUCATIONAL OFFICER, IRINJALAKKUDA. 2. DEPUTY DIRECTOR OF EDUCATION, THRISSUR. 3. PRINCIPAL SECRETARY TO GOVT. OF KERALA, FINANCE DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 4. ACCOUNTANT GENERAL, KERALA, THIRUVANANTHAPURAM. 5. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVT., GOVT. SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.DILIP MOHAN FOR R1TOR5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24/06/2009, THE COURT ON 24/06/2009 DELIVERED THE FOLLOWING: W.P.(C).No. 915/07. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE OBJECTION DTD.2.3.01. P2 COPY OF THE OBJECTION DTD.10.8.00. P3. COPY OF THE AUDIT OBJECTION. P4. COPY OF THE OBJECTIONS TO Ext.P3., P5. COPY OF THE GOVT. ORDER DTD.28.6.97. P6. COPY OF THE CIRCULAR DTD.29.12.94. P7. COPY OF THE ORDER REDUCING PENSIONARY BENEFITS. P8. COPY OF THE ORDER OF R1 DTD.21.4.06. P9. COPY OF THE ORDER OF R2 DTD.26.9.06. P10. COPY OF THE GOVT. ORDER DTD.31.8.06. P11. COPY OF THE ORDER DTD.1.2.08 BY R2. P12. COPY OF THE ORDER DTD.29.2.08 BY R2. P13. COPY OF THE GOVT. ORDER DTD.11.9.96. P14. COPY OF THE GOVT. ORDER DTD.9.5.94. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P(C).No.915 of 2007 ================== Dated this the 24th day of June, 2009 J U D G M E N T The petitioner retired from service as headmaster on 31.3.2002. He started service as a PD teacher. He was promoted as headmaster on 2.5.1996. In the cadre of PD teacher he would have become eligible for 20 year higher grade, had he continued as a PD teacher, on 1.6.1996. Taking into account the peculiar situation of PD teachers, the Government passed orders regarding fixation of their pay on account of pay revision as per which, notwithstanding their date of promotion, they were allowed to continue notionally in the cadre of PD teachers, till they became eligible for 20 year higher grade and after fixation of pay in the cadre of PD teachers in the 20 year higher grade, they were permitted to have their pay fixed in the revised scale of pay applicable to the headmaster as per Rule 28A of Part I of Kerala Service Rules. Pursuant to those Government orders, the petitioner filed an option and a reoption to come over to the revised scale of pay applicable to headmaster, on 1.7.1996. The petitioner's pay was fixed accordingly. However, the audit party raised objections to the date of effect of re-option and the issue was finally decided by the Government, by Ext.P10, wherein it was held that the petitioner could not have opted the date 1.7.1996. That order is under challenge before me. w.p.c.915/07 2 2. The 3rd respondent has filed a counter affidavit. The contention of the respondents is that the petitioner cannot opt for a date beyond the date of promotion viz., 2.5.1996. 3. I have considered the rival contentions in detail. 4. I am of opinion that both the petitioner as well as the respondents are wrong. The issue is governed by Ext.P14 Government order, G.O(P) Nof.380/94/Fin. dated 9.6.1994. By that Government order, a special benefit has been granted to PD teachers, who were promoted as headmaster prior to 1.3.1992. By Ext.P13 Government order, G.O.(P).No.566/96/(105)/Fin. dated 11.9.96, that benefit was extended to headmasters who were promoted subsequent to 1.3.1992 also. Therefore, in respect of PD teaches, who got promotion as headmaster prior to the date when they became eligible for 20 year higher grade, is squarely covered by clause (c) of sub clause (ii) of Ext.P14. The same reads thus: “(c) Teachers (P.D) who were promoted as Headmasters prior to 1.3.1992 and who would have been eligible for the selection grade of P.D. Teacher but for their promotion as Headmasters will be permitted to have their pay fixed notionally in the selection grade first on 1.3.1992 or on the date on which they become eligible for the selection grade after 1.3.1992 on the basis of the pay in the revised scale which they would have drawn had they continued as Senior Grade Primary Teachers and, then, based on the pay so fixed in the selection grade, their pay in the revised scale of pay of Headmaster will be fixed under Rule 28A, Part I K.S.Rs.” According to me, the entire rule of fixation of pay of PD teachers, who got promotion prior to becoming eligible for 20 year higher grade, is covered by that clause read with Ext.P13. Going by that clause, w.p.c.915/07 3 according to me, the petitioner can opt for continuing in the pre- revised scale of PD teachers till 31.5.1996, on which date he became eligible for 20 year higher grade as a PD teacher and then his pay as headmaster in the revised scale of pay has to be fixed with effect from 1.6.1996. There is no question of the petitioner opting for another date, because the above said clause fixed that date also, viz, the date when he became eligible for 20 year selection grade. If the respondents' contention is accepted, then Ext.P14 will become totally otiose. Accordingly, this writ petition is disposed of with the following directions: The petitioner shall file a formal option for the purpose of clause (c) of sub clause (ii) of Ext.P14 with effective date of option as 1.6.1996 and the petitioner's pay shall be fixed in accordance with that clause based on that option. The above exercise shall be taken up and completed as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment. The petitioner shall file his option within two weeks. Naturally, on such fixation of pay, if any amounts are due to be refunded to the petitioner, the same shall be refunded within another one month. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge