IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 9TH OCTOBER 2009 / 17TH ASWINA 1931 WP(C).No. 28389 of 2009(P) ------------------------------------- PETITIONER(S): ------------------------- 1. C.K.PRADEEPAN, HEADMASTER, KAVUMTHARA G.W.L.P.S., P.O.KAVIL, NEDUVANNUR, KOZHIKODE DIST. 2. P.C.VASU, HEADMASTER, RAMALLUR G.L.P.S., P.O.KALPATHUR, VIA.MEPPAYUR, KOZHIKODE DIST. 3. P.P.JAYAKRISHNAN, HEADMASTER, G.L.P.SCHOOL, KALLODE, P.O.PERAMBRA, KOZHIKODE DIST. BY ADV.MR.KALEESWARAM RAJ RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 3. ASSISTANT EDUCATIONAL OFFICER, PERAMBRA, KOZHIKODE. BY SR. GOVT. PLEADER MR.MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.28389/2009-P ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 9th day of October, 2009 J U D G M E N T The petitioners are working as Headmasters in the respective schools mentioned in the writ petition. It is the case of the petitioners that when they accepted promotion as Headmasters they were entitled to have notional fixation of grade. The contention raised is that by a wrong interpretation to the G.O.(P) No.145/2006/Fin, dated 25/03/2006 the Government took the stand that the teachers like the petitioners who were promoted to the post of Headmasters after receiving the grade were not entitled to get the grade which was already granted to them. Ext.P1 Circular is also produced to contend that while fixing their scale after promotion as Headmaster, the stipulation as contemplated in Ext.P1 was not there. Ext.P2 is the Government Order dated 08/06/2009 in which the same benefit as given in Ext.P1 was given to all Primary School Headmasters irrespective of the date 01/03/2006. It is the case of the petitioners that when they were given higher grade, there was no stipulation to refund the same. In these circumstances, they have filed Exts.P3 to P5 representations seeking for appropriate orders from the Government. They seek for a direction that the W.P.(C). No.28389/2009 -:2:- stipulations in Circular No.68/08/(117)/Fin, dated 03/11/2008 (Ext.P1) may be relaxed in their favour. 2. There will be a direction to the first respondent to take a decision on Exts.P3 to P5 after hearing the petitioners within a period of four months from the date of receipt of a copy of this judgment. In the meanwhile, the recovery based on Exts.P1 and P2 will be kept in abeyance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms