IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 19TH FEBRUARY 2010 / 30TH MAGHA 1931 WP(C).No. 10489 of 2009(E) -------------------------- PETITIONER(S): --------------- MOHAMMED IQBAL.K.M. SAYANS HOUSE, PONNANI PO, PINCODE 679 577 BY ADV. SRI.V.M.KURIAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT SECRETARIAT ANNEXE, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION MALAPPURAM. 4. THE DISTRICT EDUCATIONAL OFFICER THIRUR. GOVT. PLEADER SRI. SANDESH RAJA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: W.P.C.NO. 10489/2009. --------------------------------------------------------------------- EXT.P1 TRUE COPY OF CERTIFICATE DT. 23-12-1994. EXT.P2 TRUE COPY OF CERTIFICATE ISSUED BY P.S.C. EXT.P3 PROCEEDINGS DT. 20-6-2008. EXT.P4 ORDER DT. 4-7-2008. EXT.P5 GOVT. ORDER DT. 22-6-1973. EXT.P6 CIRCULAR DT. 19-11-1994. EXT.P7 CIRCULAR DT. 29-7-2006. EXT.P8 STATEMENT REGARDING OLD SCALE OF PAY. EXT.P9 ORDER DT. 27-9-2008. EXT.P10 CIRCULAR DT. 26-12-2007. EXT.P11 REPRESENTATION DT. 3-11-2008. EXT.P12 LETTER DT. 22-11-2008. EXT.P13 LETTER DT. 21-2-2009.D EXT.P14 CIRCULAR DT. 8-8-2008. EXT.P15 ORDER DT. 18-1-2010. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 10489 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 19th day of February, 2010. J U D G M E N T The petitioner entered service of an aided school as a full time menial on 1-9-1975. The petitioner was later promoted as L.D. Clerk and voluntarily retired from service with effect from 30-9-2008. In the meanwhile, his probation had already been declared and he was also granted higher grades, fixation of pay etc. Now, by Ext. P9, the petitioner has been directed to refund the excess salary paid to him on grant of higher grade for want of test qualification, his probation could not have been declared and he could not have been given higher grades. Consequently, his pay was ordered to be re-fixed and the excess salary paid to him recovered. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “a) To declare that Lower Division clerks in aided schools are not required to acquire test qualification for declaration of probation and grant of increments and grades. b) issue a writ of certiorari or other appropriate writ, order or direction quashing Ext. P 10 circular issued by the 1st respondent or in the alternative to declare that Ext. P 10 circular has only prospective operation and cannot be applied with retrospective effect. c) To declare that in the light of Ext. P7 circular, the Government is estopped from refixing and recovering the benefits granted under the said circular. d) To quash Ext. P9 order and all further proceedings for cancellation of declaration of probation, refixation of pay and recovery of excess payments from the petitioner.” 2. The petitioner now submits that in view of Ext. P15 Government Order exempting persons like the petitioner from acquiring test qualification for the purpose of declaration of W.P.C. No. 10489/09 -: 2 :- probation grant of higher grade etc., the petitioner is entitled to the reliefs prayed for. 3. I have heard the learned Government Pleader also. The learned Government Pleader does not dispute that in view of Ext. P15, the petitioner is entitled to the reliefs prayed for. Accordingly, the writ petition is allowed as prayed for. Consequential orders shall be passed as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. Sd/- S. Siri Jagan, Judge. Tds/