IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 OP.No. 13000 of 1999(V) ----------------------- PETITIONER(S): --------------- S.GOPALAKRISHANA BHAT, S/O.SREENIVASA BHAT, HEAD MASTER, SNLP SCHOOL, PERLA P.O, KASARGOD TALUK & DISTRICT. BY ADV. SRI.T.SETHUMADHAVAN SRI.PUSHPARAJAN KODOTH SRI.K.JAYESH MOHANKUMAR RESPONDENT(S): --------------- 1. D.P.I., TRIVANDRUM. 2. D.E.O., KASARAGOD. 3. THE DY. DIRECTOR OF EDUCATION, KASARAGOD. 4. A.E.O., KASARAGOD. 5. THE MANAGER, SNLP SCHOOL, PERLA, KASARAGOD DIST. ADV. SRI.S.V.BALAKRISHNA IYER (SR.) SRI.P.B.KRISHNAN G.P. SMT.K.R.DEEPA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 09/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P.No.13000/99. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE JUDGMENT IN O.P.NO.13431/91 OF THIS COURT. P2. COPY OF THE STATEMENT OF FIXATION DTD.26.5.97. Sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.No. 13000 of 1999 ================== Dated this the 9th day of December, 2008 J U D G M E N T The petitioner entered service as a L.P. School Assistant in an aided school, of which the 5th respondent is the manager. The petitioner was not given due promotion as Headmaster of the school. The petitioner approached this Court by filing O.P.No. 13431/1991 wherein this Court directed that the petitioner be promoted with effect from 1.11.1989 if he is otherwise qualified and pay to the petitioner all benefits including arrears of salary from 1.11.1989. Thereafter, by Ext.P2, the petitioner's pay as Headmaster was fixed. But in the same, the scale of pay applicable to the Headmaster was given only with effect from 30.7.1994. The petitioner is challenging Ext.P2 order in this original petition. 2. The contention of the petitioner is that since in Ext.P1 judgment it has been specifically directed that the petitioner shall be disbursed all benefits including arrears of salary from 1.11.1989, the petitioner is entitled to have the pay in the scale of pay applicable to Headmaster fixed and arrears paid with effect o.p.13000/99 2 from 1.11.1989. 3. The learned Government Pleader submits that the petitioner would become entitled to the scale of pay applicable to headmaster only after completing 15 years of service. Having entered service only on 30.7.1979 the petitioner would become entitled to headmaster's scale of pay only with effect from 30.7.1994. Therefore, there is nothing wrong in Ext.P2, is the contention raised by the learned Government Pleader. 4. I have considered the rival contentions of the parties. 5. Of course it is true that in Ext.P1 judgment this Court directed that the petitioner shall be disbursed all benefits including arrears of salary with effect from 1.11.1989. But the previous sentence of the judgment qualifies the same with the words “if he is otherwise qualified”. Therefore, it is clear that the petitioner would be entitled to arrears of salary only if he is entitled to any arrears as such. The petitioner would become eligible for headmaster's scale of pay only after 15 years of service, which is the law on the issue. That being so, the petitioner cannot claim arrears of salary in the scale of pay applicable to headmasters before completing 15 years of service. o.p.13000/99 3 Admittedly on 1.11.1989 the petitioner had not completed 15 years of service. The petitioner completed 15 years only with effect from 30.7.1994. He has been given Headmaster's scale of pay with effect from 30.7.1994. Therefore, there is nothing illegal in Ext.P2 order. I do not think that anything in Ext.P1 judgment would render Ext.P2 illegal. In the above circumstances, I do not find any merit in the original petition and accordingly, the same is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge o.p.13000/99 4 S.SIRI JAGAN, J. ================ O.P.No. 13000 of 1999-V ================ J U D G M E N T 9th December, 2008 o.p.13000/99 5