IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 19TH NOVEMBER 2010 / 28TH KARTHIKA 1932 WP(C).No. 34075 of 2010(H) ---------------------------------------- PETITIONER(S): ----------------------- EMILY C.P., H.S.A., SOCIAL STUDIES, ST.SEBASTIAN HIGH SCHOOL, MARUTHAROAD, PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): ---------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. 3. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD. BY GOVT. PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss K.T.SANKARAN, J. ------------------------------ W.P.(C).No.34075 OF 2010 ------------------------------ Dated this the 19th day of November, 2010 JUDGMENT The petitioner states that she was appointed as U.P.S.A with effect from 22.9.1981 and that she was promoted as H.S.A with effect from 1.6.1999. As per Ext.P1, the Deputy Director of Education raised certain objections to the fixation of pay of the petitioner. As per Ext.P2 dated 7.6.2010, the District Educational Officer informed the Headmaster that the objections raised to the pay fixation of the petitioner is correct, and that it is not a general direction but it is a case of specific objection with respect to the case of the petitioner. The Headmaster was directed to comply with the directions in the audit objections dated 19.11.2007. As per Ext.P3 letter dated 18.6.2010, the Deputy Director of Education directed the District Educational Officer to submit the reply after regularization of the pay of the petitioner W.P.(C).No.34075 OF 2010 2 in terms of GO(P)296/06 Fin. dtd.14.7.2006. 2. At this juncture, the petitioner submitted Ext.P4 representation dated 15.10.2010, to the Secretary, General Education Department, pointing out her grievance and requesting to protect and regulate her H.S.A. scale of Rs.8390-13720 so as to avoid huge shortage of pay. Ext.P4 is pending disposal. Ext.P5 GO(Rt) 4456/08/G.Edn. dated 7.10.2008 is relied on by the petitioner to show that in similar circumstances, similarly situated persons were granted re-fixation of pay. 3. The only relief sought for by the petitioner is to issue a direction to the first respondent to consider and dispose of Ext.P4 in the light of Ext.P5. 4. In the facts and circumstances of the case, the Writ Petition is disposed of directing the first respondent to consider and dispose of Ext.P4 W.P.(C).No.34075 OF 2010 3 representation submitted by the petitioner, as expeditiously as possible, and at any rate within a period of three months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. K.T.SANKARAN, JUDGE. cms