IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 8TH FEBRUARY 2008 / 19TH MAGHA 1929 OP.No. 36953 of 2002(Y) ----------------------- PETITIONER: ----------------- M.P.NARAYANI, RETIRED HEAD TEACHER, CHUNDANGAPIL NORTH, L.P.SCHOOL, TELLICHERRY. BY ADV. SMT.VANAJA MADHAVAN RESPONDENTS: ------------------- 1. THE ASST. EDUCATIONAL OFFICER, TELLICHERRY NORTH. 2. THE HEAD MASTER, CHUNDANGUPIL NORTH L.P.SCHOOL, TELLICHERRY. 3. THE ACCOUNTANT GENERAL, AUDIT ACCOUNTS DEPARTMENT, TRIVANDRUM. BY GOVERNMENT PLEADER SRI.T.T. MAHMOOD THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 08/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 36953 of 2002 ORDER ON C.M.P.NO.62433/02 IN O.P.NO.36953/02 DISMISSED 8.2.2008 SD/- S. SIRI JAGAN, JUDGE. APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF STATEMENT OF FIXATION OF PAY OF THE PETITIONER AS PRIMARY HEADMASTER. EXT.P2: COPY OF ORDER G.O.(MS)55/97/G.EDN. DT. 18.2.1997OF GENERAL EDUCATION (J) DEPARTMENT. EXT.P3: COPY OF OPTION SUBMITTED BY THE PETITIONER DTD 18.3.1999. EXT.P4: COPY OF PAY FIXATION STATEMENT OF THE PETITIONER AS PRIMARY HEADMASTER ON COMPLETION OF 20 YEARS SERVICE AS PER G.O.55/97 DT 18.3.1997. EXT.P5: COPY OF STATEMENT OF FIXATION OF PAY APPROVED BY THE AEO (EXTRACT FROM SERVICE BOOK). EXT.P6: COPY OF G.O.(P) 73/98/G.EDN. DTD 4.3.1998 OF THE GENERAL EDUCATION (J) DEPARTMEN. EXT.P7: COPY OF G.O.(RT) NO.457/02 DATED 22.2.02 OF THE GENERAL EDUCATION (J) DEPARTMENT. EXT.P8: COPY OF THE ORDER DATED 26.10.02 OF THE 1ST RESPONDENT RETURNING REQUEST SUBMITTED BY THE PETITIONER TO THE ASST. EDUCATIONAL OFFICER. EXT.P9: COPY OF EXTRACT IN THE SERVICE BOOK SHOWING THE LAST PAY. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ O.P.No.36953 OF 2002 ---------------------------------------- Dated this the 8th day of February, 2008 JUDGMENT The petitioner is challenging Exts.P8 whereby the petitioner's pay has been directed to be refixed as stated in Ext.P8 and the consequent entry in his service book namely Ext.P9. In Ext.P8 the first reason stated is that the petitioner was granted Headmaster's higher grade with effect from 1.7.1988, which is wrong. The petitioner's contention is that this statement itself is incorrect because the petitioner was granted Headmaster's higher grade with effect from 1.7.1984. The fact that this is a mistake is admitted by the 1st respondent in his counter affidavit. Therefore clearly Exts.P8 and consequential order Ext.P9 are unsustainable. Accordingly, I quash Exts.P8 and P9 and direct the 1st respondent to reconsider the matter in the light of Ext.P7 order afresh and pass appropriate orders thereon. This shall be done within a period of two months from the date of receipt of a copy of this judgment. The original petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd