IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 31ST JULY 2008 / 9TH SRAVANA 1930 WP(C).No. 23216 of 2008(L) -------------------------- PETITIONER: ------------ P.V.EMMANUEL, S/O.VARKEY, AGED 64 YEARS, RESIDING AT PADINHAREKUDIYIL, KIZHAKKEKARA MUVATTUPUZHA (HIGH SCHOOL ASSISTANT (RETD.), SECRED HEART HIGH SCHOOL, THEVARA) BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: ------------- 1. THE STATE OF KERALA REP. BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM 14. BY G.P. SHRI T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.23216 of 2008 L -------------------------------------- Dated this the 31st day of July, 2008. J U D G M E N T The petitioner retired from service on 31.3.1999 while working as High School Assistant (Malayalam) in Sacred Heart Higher Secondary School, Thevara. It is stated that the petitioner entered service as untrained teacher on 28.7.1966 against a sanctioned post and remained in service till 27.6.1968. Thereafter he was sent for training. After successful completion of the training he was re-appointed with effect from 18.6.1969 against a part time post. With effect from 20.6.1970, it is stated, the petitioner became a full time teacher. 2. As per Ext.P1 Government Order dated 10.10.1988, Government decided to grant increment for untrained service and training period for departmental teachers. The petitioner claimed the benefit of Ext.P1 Government Order. But, it was declined by Ext.P2 Order dated 19.10.2006. In Ext.P2 order it was held as follows:- “4. Government have examined the matter in detail. As per the guidelines on grant of higher grade service that has been reckoned for increment in the entry grade will be reckoned for computing qualifying service for higher grade. This does not mean WP(C) No.23216/2008 2 that reciprocal arrangement is permissible. The provision in KSRs prescribing the conditions on which service counts for increment in a time scale, do not stipulate that service reckoned for higher grade will be reckoned for sanctioning increment. 5. In the circumstances, the request in the representation submitted by Shri P.V.Emmanuel, Retd. HSA (Mal.) deserves no merit and is hereby rejected.” 3. As per Ext.P3 Government Order dated 23.11.1995, the Government ordered to grant one increment to untrained school teachers and the pay thus fixed would be treated as pay initially fixed for the teachers on the date of commencement of probation. The relevant portion of Ext.P3 Government Order dated 23.11.1995 reads as follows:- “2. Government find that there are contradiction as pointed out by the accountant General (Audit). The last sentence of the note under para 4(viii) of G.O.(Ms.) No.20/81/G.Edn. Dated 30.1.1981 will there for be deleted and the following sentence will be substituted. WP(C) No.23216/2008 3 “In the case of untrained Aided School Teachers as soon as they acquire the training qualifications they will be given increase in pay equal to one increment and the pay thus fixed will be treated as the pay initially fixed for the teachers on the date of commencement of probation. The date of commencement of probation will be taken as the date on which they acquire the training qualification.” The G.O. read first will stand modified to the above extent.” 4. Claiming the benefits of Ext.P3 Government Order, the petitioner filed Ext.P4 revision petition dated 8.1.2007 before the Government. Ext.P4 revision petition is pending disposal. The only relief which is now being pressed by the petitioner, for the present, is to issue a writ of mandamus commanding the first respondent to dispose of Ext.P4 revision petition after affording an opportunity of being heard to the petitioner. The request is just and reasonable. Accordingly, the Writ Petition is disposed of directing the first respondent to consider and dispose of Ext.P4 revision petition dated 8.1.2007 submitted by the petitioner, expeditiously and at any rate within a WP(C) No.23216/2008 4 period of three months, after affording an opportunity of being heard to the petitioner. The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. K.T. SANKARAN, JUDGE. cks