IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 WP(C).No. 37728 of 2008(N) -------------------------- PETITIONER(S): --------------- JOSEPH JOHN, RETIRED PRINCIPAL, MARTHOMA HIGHER SECONDARY SCHOOL, CHUNGATHARA. THAZHAYI HOUSEL MYANTHANI, CHANTHAKKUNNU, NILAMBUR. BY ADV. SRI.K.B.ARUNKUMAR RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. 4. THE DISTRICT EDUCATIONAL OFFICER, WANDOOR, MALAPPURAM. 5. THE ACCOUNTANT GENERAL, KERALA, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.37728 of 2008 --------------------------------------------- Dated this the 27th day of January, 2009 JUDGMENT The petitioner was appointed as Probationary U.P.S.A. on 4.7.1977 as per Ext.P1. On 18.1.1978, the petitioner was appointed as probationary H.S.A. (Designation) in the same school. The said appointment was approved on 1.2.1978 as per Ext.P2. It is stated that the petitioner got inter-management transfer to Marthoma Higher Secondary School, Chungathara. Later, he was promoted as Principal on 20.12.2003. 2. It is stated that since the petitioner has completed 27 years of service, he approached the District Educational Officer for fixation of pay in the Higher Grade. The District Educational Officer, as per Ext.P4, fixed the pay of the petitioner as Principal in the Higher Grade. After the revision of pay scale, the petitioner approached the D.E.O. to revise the Higher Grade in accordance with the new pay scale. The D.E.O. sanctioned the same as per Ext.P5 order dated 22.9.2006. The petitioner retired from service on 31.3.2008. The grievance of the petitioner is that his retirement benefits have not been disbursed based on Ext.P5 Higher Grade pay fixation. His further grievance is that WPC No.37728/2008 2 the Deputy Director of Education raised Ext.P6 objection regarding fixation of salary of the petitioner. One of the objection in Ext.P6 is that the petitioner has not completed 27 years of qualifying service as H.S.A. and Principal. According to the petitioner, his service as U.P.S.A. should also be counted for the purpose of fixing the Higher Grade. The petitioner relies on Ext.P10 judgment in Writ Appeal No.692 of 1995 in support of his contentions. Based on Ext.P10 judgment, the petitioner submitted Ext.P11 representation dated 2.6.2008 to the Deputy Director of Education. The Deputy Director of Education addressed Ext.P12 letter dated 23.6.2008 to the Director of Public Instruction seeking clarification in the matter. The Director of Public Instruction has not issued any clarification as sought for in Ext.P12. The learned counsel for the petitioner submits that the disputes involved in the case would be settled, if a proper clarification is issued by the Director of Public Instruction on the basis of the request made in Ext.P12. 3. The reliefs prayed for by the petitioner in the Writ Petition are the following: “(i) Call for the records leading to Ext.P8 G.O. and quash the same by issuing a writ of certiorari or any other appropriate writ, order or direction. WPC No.37728/2008 3 (ii) Call for the records leading to Ext.P6 and quash the same to the extend the same adversely affects the petitioner by issuing a writ of certiorari or any other appropriate writ, order or direction. (iii) Call for the records leading to Ext.P9 and quash the same by issuing a writ of certiorari or any other appropriate writ, order or direction. (iv) declare that petitioner is entitled for the retiremental benefits based on higher grade reckoning his 27 years of service from the date of appointment as a teacher on 12.7.1977. (v) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to disburse the pensionery benefits based on the Higher Grade granted to the petitioner at the earliest. (vi) pass any other order or direction deems fit and proper for this Hon'ble Court in facts and circumstances of the case.” 4. The learned counsel for the petitioner submitted that for the present, the petitioner would be satisfied, if a direction is issued to the Director of Public Instruction to pass appropriate orders in the clarification petition forwarded by the Deputy Director of Education, leaving open the right of the petitioner to seek redressal as sought for in other reliefs. The learned Government Pleader submits that the Director of Public Instruction would pass appropriate orders on Ext.P12 without delay. WPC No.37728/2008 4 5. In the facts and circumstances of the case, the Writ Petition is disposed of as follows: The Director of Public Instruction shall consider Ext.P12 and also take into account, the facts and circumstances of the case as revealed from the records and pass appropriate orders clarifying the position as requested in Ext.P12, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of the judgment. It is made clear that the Director of Public Instruction need not afford an opportunity of being beard to the petitioner before disposal of Ext.P12 as the petitioner waives any such right of hearing before the Director of Public Instruction. The petitioner shall produce a certified copy of the judgment and copy of the Writ Petition before the Director of Public Instruction. It is made clear that the other reliefs prayed for in the Writ Petition are left open for consideration at the appropriate stage, if it becomes necessary. It is further made clear that I have not expressed any opinion on the merits of the case. K.T.SANKARAN, JUDGE csl