IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 4TH JANUARY 2010 / 14TH POUSHA 1931 OP.No. 30622 of 1999(U) ----------------------- PETITIONER(S): --------------- M. KUNJU KUNJU, S/O. MATHAI (HEADMASTER RETIRED), PALAVILA KIZHAKKETHIL, KULAKKADA EAST P.O., KULAKKADA, KOTTARAKKARA, KOLLAM DIST. BY ADV. SRI.M.V.THAMBAN RESPONDENT(S): --------------- 1. ASST. EDUCATIONAL OFFICER, KULAKKADA. 2. DEPUTY DIRECTOR (EDUCATION), KOLLAM. 3. ACCOUNTANT GENERAL (KERALA), THIRUVANANTHAPURAM. 4. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI. DILIP MOHAN. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 04/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PETITIONER'S EXHIBITS: O.P.NO. 30622/1999. ----------------------------------------------------------------- EXT.P1 TRUE COPY OF ORDER DT. 16-7-1986. EXT.P2 LETTER DT. 18-8-1987. EXT.P3 ORDER DT. 10-6-1998. EXT.P4 STATEMENT OF FIXATION OF PAY DT. 10-6-1998 EXT.P5 REPRESENTATION DT. 29-1-1991. EXT.P6 LETTER DT. 23-3-1999. EXT.P7 AWARD DT. 30-6-1999. EXT.P8 LETTER DT. 13-7-1999. EXT.P9 LETTER DT. 4-11-1999. EXT.P10 REPRESENTATION DT. 11-11-1998. [TRUE COPY] P.S TO JUDGE. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= O.P. No. 30622 of 1999 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 4th January, 2010. J U D G M E N T The petitioner retired from service on 31-3-1990 as a Lower Primary School Headmaster. He joined service as a LPSA with effect from 9-6-1961. He was promoted as Headmaster on 12-6-1961. He was granted Headmaster's scale with effect from 1-6-1973. The pay of Government employees and teachers including aided school teachers was revised with effect from 1-7-1978. The same provided for a 20 year Higher Grade to Government servants and teachers. Since the petitioner was not granted 20 year Higher Grade after he completed 20 years on 11-6-1981, he submitted a representation seeking 20 year Higher Grade. According to the petitioner, based on that representation, Ext. P3 order was passed granting the petitioner 20 year Higher Grade and his pay was fixed as Rs. 2310/- with effect from 1-7-1988. According to the petitioner, since with effect from 1-7- 1988 his basic pay was Rs. 2310/- and he retired from service on 31-3- 1990, he was entitled to one more increment of Rs. 80/- adding which his basic pay at the date of retirement would be Rs. 2390/-. However, the petitioner was given retirement benefits only on the basic pay of Rs. 2230/-. The petitioner filed several representations. Ultimately, the matter was referred to the Lok Adalath in which Ext. P7 order was passed wherein the A.E.O was directed to expedite the curing of defects in petitioner's pension papers. Thereafter, Ext. P8 order was passed, wherein it has been held that Ext. P3 order fixing the petitioner's basic pay as Rs. 2310/- is reviewed and fixation made as per G.O(P) No. 73/98 dated 4-3-1998 is in order. According to the petitioner, since Ext. P8 order Ext. P3 fixation has been confirmed the petitioner would be entitled to fixation of retirement benefits on the basis of Rs. 2390/- as his basic pay. The petitioner therefore seeks the following reliefs: O.P. No. 30622/99 -: 2 :- “i. To issue a writ of certiorari or other writ or order or direction calling for the records leading up to Ext. P10 and quash Ext. P4, P6 and P9. ii. to issue a writ of mandamus directing the respondents to revise the pensionary benefits to the petitioner on the basis of the last pay admissible to the petitioner i.e. Rs.2390/- at the time of his retirement and pay all arrears with 18% interest. iii. to issue a declaration that the petitioner is entitled to the pension calculated on the basis of the last pay admissible to him at the time of his retirement.” 2. No counter affidavit has been filed. However, the learned Government Pleader argues in support of the fixation of retirement benefits already given to the petitioner. 3. I have considered the rival contentions on the basis of the exhibits produced. Ext. P3 reads thus: “Sri. M. Kunjukunju, Rtd. Headmaster, WLPS, Kulakkada East has requested to sanction the 2nd higher grade on completion of 20 years in Headmaster scale as per G.O. referred one above. Headmaster, WLPS, Kulakkada East has forwarded option for the grade fixation submitted by the Rtd. H.M. His continuous service begins on 12-6-61 and he is qualified for higher grade promotion on 11-6-81. H.M. has opted for the grade w.e.f. 1-7-88. In the above circumstances, Sri. M. Kunju Kunju, Rtd. H.M. is sanctioned 2nd higher grade on completion of 20 years of service in H.M. scale w.e.f. 1-7-88 in the light of G.O. read as referred (1). His pay is fixed at Rs. 2310/- w.e.f. 1-7-88 in the scale of pay Rs. 1450-40-1530-60-1830-80-2470-85-2725-100-2825 detailed statement is attached.” Ext.P8 reads thus: “While resubmitting herewith the proposal for revision of pension in respect of Sri. M. Kunjukunju, I may furnish as follows: As directed in the letter cited, the pay fixed @ Rs. 346/- as on 9-7-76 in the higher scale of Rs. 285-540 and the pay fixed @ O.P. No. 30622/99 -: 3 :- Rs. 2310/- w.e.f. 1-7-88 in the Headmaster's second higher grade of Rs.1450-2825 have been reviewed and found that the fixation made as per GO(P) No. 73/98 dated 4-3-98 is in order.” 4. The petitioner would contend that Ext. P3 is the order by which the petitioner has been granted 20 year Higher Grade. In fact, Ext. P3 has been issued on the basis of G.O(P) No. 73/98 dated 4-3- 1998. I am of opinion that there is an obvious confusion as between Ext. P3 and Ext. P8 caused by the word 'review' used there. Ext. P3 has been issued based on G.O(P) 73/98 and after saying that Ext. P3 has been reviewed, it is stated that the fixation made as per G.O(P) 73/98 dated 4-3-1998 is in order. I feel that the word “review” used in Ext. P8 is not used in the sense usually attributed to the word in judicial proceedings, but has been used to convey that Ext. P3 has been considered again and by Ext. P8, Ext. P3 has been confirmed, insofar as Ext. P3 has been issued based on the very same Government Order fixation made as per which Ext. P3 is found to be in order. Therefore, a conclusion that Ext. P3 has been confirmed appears to be what is conveyed in Ext. P8. No counter affidavit has been filed to discredit the above submission of the learned counsel for the petitioner. If that be so, when the petitioner's basic pay was Rs. 2310/- with effect from 1-7-1988, as on the date of retirement on 31- 3-1990, his basic pay would be Rs.2390/- adding one more increment of Rs. 80/-. Therefore, I hold that the petitioner is entitled to have all his retirement benefits computed on the basis of the basic pay at the time of retirement as Rs. 2390/-. Accordingly, there would be a direction to the competent among the respondents to re-compute the retirement benefits due to the petitioner on the basis that on the date of retirement, the petitioner's basic pay was Rs. 2390/-. Orders in this regard shall be passed and arrears of retirement benefits due to the petitioner disbursed as O.P. No. 30622/99 -: 4 :- expeditiously as possible, at any rate, within three months from the date of receipt of a copy of this judgment. The original petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/