IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 WP(C).No. 29058 of 2011(F) ----------------------------------- PETITIONER(S): ----------------------- BABU JOSE, AGED 50 YEARS S/O. K. D. JOSE, KUNDUKULAM HOUSE, PARAPOOR, THRISSUR, NOW WORKING AS HEADMASTER, ST. MARY'S U. P. SCHOOL, LOURDES, THRISSUR. BY SRI. RENJITH THAMPAN, SENIOR ADVOCATE BY ADV. SRI. V. M. KRISHNAKUMAR RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP BY SECRETARY DEPARTMENT OF GENERAL EDUCATION SECRETARIAT, THIRUVANANTHAPURAM PIN 695 001. 2. ASSISTANT EDUCATION OFFICER THRISSUR EAST, THRISSUR PIN 680 005. R1 & R2 BY SR. GOVT. PLEADER SRI. M.A. FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: DCS W.P.(C) NO. 29058 OF 2011 (F) APPENDIX PETITIONER(S) EXHIBITS EXT. P1 COPY OF THE JUDGMENT IN WPC.34575/2010 DT.5.7.2011. EXT. P2 COPYOF THE APPOINTMENT ORDER NO.156/2003 OF THE CORPORATE EDUCATIONAL AGENCY ARCH DIOCES OF THRISSUR. EXT. P3 COPY OF THE EARLIER APPOINTMENT ORDER AS LPSA DT. 16.1.1991. EXT. P4 COPY OF THE OPTION STATEMENT DT. 17.10.2011. EXT. P5 COPY OF THE COVERING LETTER DT. 17.10.2011. RESPONDENTS' EXHIBITS :- NIL /TRUE COPY/ P.S. TO JUDGE DCS T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.29058/2011-F ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 25th day of November, 2011 J U D G M E N T The petitioner herein is working as Headmaster of St.Mary's U.P School, Lourdes, Thrissur. He is seeking for a direction to the respondents to grant Higher Grader promotion on his completion of eight years of service as Headmaster. 2. The details which have been shown in the writ petition show that the petitioner was promoted as Headmaster of the school with effect from 01/04/2003 as per Ext.P2. It is stated that he had not put in a minimum of 15 years continuous service as teacher for getting eligibility for the scale of pay applicable to the Headmaster under Rule 1 of Chapter XXVI of Kerala Education Rules. But it is submitted that higher grade can be granted based on the length of service. Reliance is placed on Ext.P1 Judgment of this Court in W.P.(C).No.34575/2010. 3. The very same question was considered in the above Judgment. Therein this Court relied upon an W.P.(C). No.29058/2011 -:2:- earlier Judgment of this Court in W.P.(C).No.11484/2006 and agreed with the view taken there. Accordingly, a direction was issued to grant higher grade to the petitioner therein. 4. Going by the said Judgment, the petitioner will be entitled for higher grade benefits on completion of eight years of service as Headmaster. 5. Learned Government Pleader submitted that the matter will be examined and a decision will be taken expeditiously. 6. Therefore, there will be a direction to the second respondent to take a decision in terms of the request made by the petitioner in the light of Ext.P1 Judgment of this Court and appropriate orders will be passed within a period of two months from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. The petitioner will produce a copy of the writ petition along with a certified copy of the Judgment before the second respondent for compliance. Sd/- (T.R. Ramachandran Nair, Judge.) ms