IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 5TH NOVEMBER 2009 / 14TH KARTHIKA 1931 WP(C).No. 11484 of 2006(P) ------------------------------------ PETITIONER(S): ------------------------ K.P.KESAVAN, HEADMASTER, A.L.P.SCHOOL, THODIKAPPULAM, P.O.PORUR, MALAPPURAM DISTRICT. BY ADVS.MR.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI MR.BRIJESH MOHAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE ASSISTANT EDUCATIONAL OFFICER, WANDOOR. R1 & R2 BY GOVERNMENT PLEADER MR.MUHAMOOD FAIZAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.11484/2006 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER OR APPOINTMENT WITH APPROVAL DTD. 21.5.1996 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P2:- COPY OF THE STATEMENT OF FIXATION AND OPTION AS PER G.O.(P) 3000/98/FIN DTD. 25.11.1998. P3:- COPY OF THE REPLY DTD. 17.3.06 SENT BY THE HEADMASTER OF ALPS, THODIKAPPULAM TO THE 2ND RESPONDENT. TRUE COPY P.A. TO JUDGE tss T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.11484 OF 2006 --------------------------------------- Dated this the 5th day of November, 2009. J U D G M E N T The petitioner herein is working as Headmaster of the A.L.P. school, Thodikappulam in Malappuram District. The petitioner approached this Court seeking to quash Exhibit P3 wherein, in regard to his claim for grant of higher grade, it was informed that he will be eligible for Headmaster's higher grade only with effect from 30.01.2013. 2. The petitioner was appointed as Assistant Teacher in A.L.P. School, Thodikappulam from 21.06.1988. The approval for the same was granted as per Government Order dated 29.10.1994 with effect from 30.01.1988. He was promoted as Headmaster with effect from 11.03.1996 which was approved by the 2nd respondent as per Exhibit P1 order. 3. The petitioner completed a total number of 18 years of service as well as 10 years of service in the post of Headmaster in the year 2006. Accordingly, a request for sanction of higher W.P.(C) No.11484/2006 2 grade in the scale of 6500-10550 with effect from 11.03.2006 was forwarded as per Exhibit P2. By Exhibit P3, it was returned. 4. Heard the learned counsel for the petitioner and the learned Government Pleader. 5. The contention raised by the petitioner is that as per G.O(P)No.3000/98/Fin. dated 25.11.1998, higher grade is sanctioned at the first instance on completion of specified number of years, say 10 years in a particular post. The petitioner had completed 10 years as Headmaster and total 18 years in the year 2006. The scheme for grant of higher grade shows the following: i) The first higher grade on completion of 10 years service in the entry post. ii) The second higher grade on completion of either 8 years of service in the first promoted post or a total service of 18 years in the entry post and the first regular promotion post/time bound higher grade together, whichever is earlier. iii) The third higher grade on completion of 23 years of total service in the entry post and the regular promotion post(s) time bound higher grade(s) together. iv) A fourth time bound higher grade in the scale of Rs.3350-5275 will be allowed to Class IV employees on completion of 30 years. W.P.(C) No.11484/2006 3 6. It is the case of the petitioner that higher grade is sanctioned on completion of specified years in a particular post and not for the completion of required number of years in a particular scale of pay. 7. In the counter affidavit filed on behalf of the 1st respondent, the stand taken is that as per Rule 1 of Chapter XXVI of Kerala Education Rules, the scale of pay of Headmaster shall be given to the Headmasters of Aided Lower Primary Schools only on completion of 15 years of continuous service as teacher and those who have not put in the minimum service of 15 years, they shall be given their grade pay and supervision allowance as may be fixed till they complete the prescribed minimum service. It is pointed out that the Headmaster's scale of pay was given to the petitioner on 30.01.2003, that is on the date of completion of 15 years of service and his pay was fixed at Rs.5500/- with effect from 30.01.2003 in the Primary School Headmaster's scale of pay 5500-9075. 8. It is the case of the respondents that the petitioner will be eligible for Headmaster's higher grade on completion of 10 W.P.(C) No.11484/2006 4 years of service after getting the Headmaster's scale of pay, that is with effect from 30.01.2013 only. The said contention cannot be accepted obviously in the light of the scheme provided for grant of higher grade. As per G.O.(P)No.3000/98/Fin. dated 25.11.1998, what is required for sanction of higher grade is completion of a particular number of years of service in the post in question and not in a particular scale of pay. By the year 2013, he will be competing 25 years. The benefit granted to the Headmasters under Rule 1 of Chapter XXVI of K.E.R will be on completion of a minimum of 15 years of continuous service as teacher. The entitlement for grant of particular scale of pay on completion of specified number of years cannot put them in a disadvantage in getting the benefits like higher grade that is allowable as per the relevant provisions of G.O.(P) No.3000/98/ Fin. dated 25.11.1998. If the contention of the respondents is accepted, then that will amount to a modification of the terms of the said Government Order wherein the scheme for grant of higher grade has been laid down. It is not the requirement in the said scheme that for the grant of time bound higher grade W.P.(C) No.11484/2006 5 promotion in respect of Headmasters who have been benefited by the Headmaster's scale in terms of Rule 1 of Chapter XXVI of K.E.R they should complete another 10 years in Headmaster's scale. In the absence of anything of that sort in the scheme, the contention raised by the respondents cannot be accepted. Therefore, this writ petition is allowed. The endorsement in Exhibit P3 that the petitioner will be eligible for Headmaster's higher grade only with effect from 30.01.2013 is quashed. There will be a direction to the 2nd respondent to process the pay fixation statement forwarded as per Exhibit P2 and sanction eligible benefits within a period of two months from the date of receipt of a copy of this judgment. T.R. RAMACHANDRAN NAIR JUDGE smp