IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 11TH AUGUST 2011 / 20TH SRAVANA 1933 WP(C).No. 21932 of 2011(N) -------------------------------- PETITIONER: -------------- SREEDEVI C.N, AGED 49 YEARS W/O.SURESH, HEADMISTRESS, GOVERNMENT L.P.SCHOOL, KANNOOKKARA, P.O.THANA, KANNUR DISTRICT. BY ADVS. SRI.V.A.MUHAMMED SRI.K.E.HAMZA SRI.V.RAJASEKHARAN NAIR RESPONDENTS: ------------------ 1. THE STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM 695 001. 2. THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001. 3. THE DEPUTY DIRECTOR OF EDUCATION KANNUR PO, KANNUR 670012. 4. THE PRINCIPAL GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL KANNUR ,P.O.KANNUR 670012. 5. THE ASSISTANT EDUCATIONAL OFFICER KANNUR NORTH, P.O.KANNUR 670012. BY SRI. V. VIJULAL, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.21932/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF STATEMENT OF FIXATION OF PAY DTD. 3.9.04. EXT. P1(a) : COPY OF STATEMENT OF FIXATION OF PAY DTD. 17.6.05. EXT. P2 : COPY OF STATEMENT OF FIXATION OF PAY DTD. 12.7.06. EXT. P3 : COPY OF CIRCULAR No.68/08/(117)/FIN. OF GOVT. DTD. 3.11.08. EXT. P4 : COPY OF G.O.(P) No.222/09/(126)/FIN. OF GOVT. DTD. 8.6.09. EXT. P5 : COPY OF OPTION FOR SELECTION GRADE DTD. 24.6.09. EXT. P5(a) : COPY OF STATEMENT OF FIXATION OF PAY DTD. 24.6.09. EXT. P6 : COPY OF ORDER No.B/6544/08 OF Assistant Educational Officer DD. 1.1.09. EXT. P6(a) : COPY OF STATEMENT SHOWING FIXATION OF PAY. EXT. P7 : COPY OF ORDER No.8080/P3/2009/G.EDN. OF GOVT. DTD. 29.9.09. EXT. P8 : COPY OF REPRESENTATION SUBMITTED BEFORE GOVT. DTD. 6.7.11. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.21932 OF 2011 --------------------------------------- Dated this the 11th day of August, 2011. J U D G M E N T The petitioner who is working as Headmistress is aggrieved by the audit objection raised as far as the pay fixation during 2004 Pay Revision. According to the petitioner, the petitioner is entitled for notional Selection Grade on 24.05.2006, on completion of 23 years of service. The petitioner has submitted proposals for notional Selection Grade as per Exts.P5 and P5(a). In the meanwhile, the Assistant Educational Officer, Kannur North objected the irregular sanction of increment with effect from 01.04.2002, 01.04.2003, 01.04.2004, 01.04.2005 instead of 01.05.2002, 01.05.2003, 01.05.2004 and 01.05.2005 respectively as evident from Ext.P6. The Assistant Educational Officer has issued orders for regularising the increment date and Headmaster's promotion as per Ext.P6(a). 2. It is the case of the petitioner that since the increment date was changed from 01.04.2005 to 01.05.2005, a chance for W.P.(C) No.21932/2011 2 re-option for electing the Pay Revision from 01.05.2005 is highly essential. The request of the petitioner for re-option was declined by the Government in the General Education Department as per Ext.P7 communication. Thereafter the petitioner approached the Government in the Finance Department for granting permission for submitting re-option as per Ext.P8 representation. It is upto the Government to take a decision in the matter. Therefore, there will be a direction to the 1st respondent to consider and pass orders on Ext.P8 representation, after hearing the petitioner, within a period of five months from the date of receipt of a copy of this judgment. The petitioner will forward a copy of this judgment along with a copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp