IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 23RD MAY 2011 / 2ND JYAISHTA 1933 WP(C).No. 7729 of 2007(T) ------------------------ PETITIONER : --------------------- R.SUJATHA, H.S.A (MATHEMATICS) VHSS, NJEKKAD, VADASSERIKKONAM P.O., VARKKALA, THIRUVANANTHAPURAM DISTRICT, RESIDING AT " THIRUVONAM " ALTHARAMOODU P.O., ALANKODE, THIRUVANANTHAPURAM. BY ADV. SRI. R. RENJITH RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER SMT. SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 7729 of 2007(T) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : PHOTOSTAT COPY OF THE REPRESENTATION DATED 28.6.2004, SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P2 : PHOTOSTAT COPY OF COMMUNICATION DATED 28.6.2005, ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT. EXT.P3 : PHOTOSTAT COPY OF THE REPRESENTATION DATED 25-8-2006, SUBMITTED BEFORE THE 1ST RESPONDENT. EXT.P4 : PHOTOSTAT COPY OF THE COMMUNICATION DATED 5-12-2006, ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.7729 of 2007 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of May, 2011 J U D G M E N T The petitioner entered regular service as a High School Assistant with effect from 15.06.1982. Prior to entering into the regular service the petitioner had provisional service of 1 year 10 months and 8 days. The petitioner's grievance in this writ petition is that the said provisional service has not been fully taken into account for the purpose of granting increments to the petitioner. The petitioner therefore seeks the following reliefs: “i. Declare that the petitioner is entitled to get the provisional service counted for the purpose of getting increments. ii. Call for the records leading to Exhibit P4 and may quash the same by issuing the writ in the nature of certiorari. iii. Issue a writ in the nature of mandamus, commanding the respondents to grant increments to the petitioner for which she is entitled to, duty counting her provisional service as H.S.A. “ 2. The 2nd respondent has filed a counter affidavit in which it is categorically admitted that the petitioner is entitled to have the provisional service for 1 year 10 months W.P.(C)No.7729 of 2007 -2- 8 days counted for the purpose of granting increments. The contention is that as is evidenced from Exts.P2 & P4 the government has ordered that the said entire period should be counted for the purpose of granting increments. In the counter affidavit it is stated that therefore the petitioner's grievance stands redressed. But the petitioner's contention is that she was given only one increment and going by the provisional service the petitioner is entitled to at least two increments. Neither in Exts.P2, P4 or in the counter affidavit is there a categoric assertion that Exts.P2 & P4 have actually been implemented by granting the petitioner the increment due to her taking into account the entire provisional service also. Insofar as the eligibility is not disputed this writ petition is disposed of with a direction to the 2nd respondent to examine the matter as to whether the petitioner has been actually given increments taking into account the entire provisional service of 1 year 10 months and 8 days also and if not already granted, do the same immediately. Orders in this regard shall be passed by the W.P.(C)No.7729 of 2007 -3- 2nd respondent as expeditiously as possible, at any rate within a period of two months from the date of receipt of a copy of this judgment. If consequent to the same any arrears are due to the petitioner the same shall also be paid to the petitioner within the said period. S. SIRI JAGAN JUDGE shg/