IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 31ST JANUARY 2011 / 11TH MAGHA 1932 WP(C).No. 16150 of 2008(V) -------------------------- PETITIONER: -------------- S.RAVEENDRAN, HEADMASTER(RETIRED),G.U.P.SELAPPULLY, PALAKKAD, RESIDING AT "SAYOOJYAM' ELAPPULLY, PALAKKAD DIST. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.T.S.SHYAM PRASANTH RESPONDENTS: ----------------- 1. STATE OF KERALA, REP.BY PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRRETARIAT, TRIVANDRUM. 2. THE ASSISTANT EDUCATIONAL OFFICER, CHITOOR, PALAKKAD. BY GOVERNMENT PLEADER, SRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 16150 of 2008(V) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE G.O.(Rt) NO.1772/07/G.EDN. DATED 21.4.07 ISSUED BY THE 1ST RESPONDENT. EXT.P2 : TRUE COPY OF THE REPRESENTATION DATED 5.10.07 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXT.P3 : TRUE COPY OF THE ORDER DATED 6.11.07 ISSUED BY THE 2ND RESPONDENT. EXT.P4 : TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 09.11.07. EXT.P5 : TRUE COPY OF G.O(Rt)NO.1589/08/G.EDN. DATED 29.03.08 ISSUED BY THE 1ST RESPONDENT. EXT.P6 : TRUE COPY OF THE JUDGMENT DATED 30.11.2005 IN OP NO.17475/1999 OF THIS HON'BLE COURT. /TRUE COPY/ PA TO JUDGE S.SIRI JAGAN, J ------------------------------------------- W.P.(C).No. 16150 of 2008 -------------------------------------------- Dated this the 31st day of January, 2011 JUDGMENT Petitioner entered service as PD Teacher on 26.9.1972. He was promoted as Headmaster on 23.5.1981, pursuant to which, he joined duty on 1.6.1981. 2. The petitioner's grievance in this Writ Petition is that Headmaster's scale has not been given to the petitioner on the ground that he has not completed 15 years of service as required under Rule 1 of Chapter XXVI of the Kerala Education Rules. According to the petitioner, that Rule is not applicable to the petitioner in so far as the petitioner was promoted as Headmaster prior to 18.9.1988. A Division Bench of this Court, in Annet D' Cunha v. State of Kerala (2004 (1) KLT 161), has held that Rule 1 of Chapter XXVI of KER is not applicable retrospectively and those Headmasters who were appointed prior to 8th September, 1988 are entitled to the scale of pay of Headmasters even if they are not having 15 years' service. The petitioner points out that relying on the said finding of the Division Bench, this Court has allowed O.P.No.17475 of 1999, pursuant to which, Exhibit P1 order has been passed in favour of a similarly situated Headmaster granting Headmaster's scale to him. Despite a WP(C).16150/08 2 judgment of this Court, by Exhibit P5 order, the petitioner has been denied the said benefit. The petitioner challenged Exhibits P3 and P5 seeking the following reliefs: “i) issue a writ of certiorari, or any other appropriate writ order or direction, calling for othe records leading to Ext.P3 and P5 and quash the same; ii) declare that the petitioner is entitled for the scale of pay of Headmaster with effect from 1.6.1981 with all consequential benefits; iii) to grant such other and further reliefs as this Hon'ble Court may deem just and proper in the circumstances of the case.” 3. I have heard the learned Government Pleader also. 4. The learned Government Pleader does not dispute the fact that the issue involved is covered by the decision rendered in Annet D' Cunha's case (supra). His contention is that, that decision does not take into account another Government Order, which was issued on 18th November, 1980. I cannot countenance that contention insofar as I am bound by the Division Bench decision. If the Government does not agree with the said decision, they have to take the same in appeal appropriately. In so far as the Division Bench decision is there and pursuant to that Division Bench decision, identically situated persons have been given the benefit by the Government themselves, the Government cannot now take the contention that in view of some WP(C).16150/08 3 other Government order the petitioner is not entitled to the said benefit. Accordingly, this Writ Petition is allowed and it is declared that the petitioner is entitled to the scale of pay of Headmaster with effect from 1.6.1981 with all consequential monetary and other benefits. Orders in this respect shall be issued and arrears shall be disbursed to the petitioner as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. S.SIRI JAGAN, JUDGE vgs