IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 9TH NOVEMBER 2009 / 18TH KARTHIKA 1931 WP(C).No. 5858 of 2009(B) ------------------------- PETITIONER(S): --------------- RASHEEDA.C.P., ARABIC TEACHER, VALLATHOL A UP SCHOOL, MANGALAM, MALAPPURAM DISTRICT. BY ADV. MR. PAULSON THOMAS RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. 3. ASST. EDUCATIONAL OFFICER, TIRUR. BY GOVERNMENT PLEADER SMT. T.B.REMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 5858 of 2009(B) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE FIXATION OF THE PAY OF THE PETITIONER APPROVED BY THE 3RD RESPONDENT. P2: COPY OF THE RELEVANT PART OF THE AUDIT OBJECTION. P3: COPY OF THE LETTER ISSUED BY THE GOVERNMENT DATED 19.06.1998. P4: COPY OF THE LETTER ISSUED BY THE GOVERNMENT DATED 21.04.2001. P5: COPY OF THE CIRCULAR ISSUED BY THE GOVERNMENT DATED 16.05.2002. P6: COPY OF THE JUDGMENT IN W.P.(C).10482/2004 DATED 01.09.2006. RESPONDENTS' EXHIBITS: NIL // TRUE COPY // P.A. TO JUDGE kkms/ T.R RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.5858 of 2009 -------------------------- Dated this the 9th November,2009 J U D G M E N T The petitioner herein is working as Arabic Teacher at Vallathol A.U.P. School,Mangalam in Malappuram District. The main relief sought for in the writ petition is to quash Ext.P2 audit objection and for a declaration that the petitioner is entitled for fixation/regularisation of her pay with that of her junior. 2. The pay fixation in respect of the petitioner resulted in an anomaly in that one Surendran.M, LPSA was getting a higher pay. By Ext.P1, the anomaly was rectified and on the basis of the same petitioner was drawing salary with effect from 1.4.1997. 3. Again, the audit wing of the Accountant General objected to the fixation done as per Ext.P1 stating that the stepping up of the pay of the petitioner with that of her junior Sri.Surendran.M is irregular as the senior and the junior belong to two different categories. 4. Learned counsel for the petitioner submitted that in the light of Ext.P6 judgment of this Court, the said W.P ( C) No.5858 of 2009 2 stand taken in Ext.P2 cannot survive. Therein, a similar objection was overruled in the light of the judgment in W.P (C) No. 20914 of 2003. In W.P (C) No.20914 of 2003, it was held thus: "In fact, Junior Language Teacher, P.D Teacher, HSA Language and H.S.A (Core Subjects) belonging to four different categories. The seniority is not determined as category wise in the light of Rule 37 of Chapter XIVA KER and in the light of the Division Bench as cited supra, it has to be held that Ext.P3 circular purported to refix the criteria for determining the seniority is contrary to Rule 37 and has no legal force. Further, in so far as the Government order (pay revision order) does not contain any clause in the matter of stepping up of the pay and to restrict the benefit only if both senior and junior belonging to the same category." Ultimately, it was held that the audit objection is absolutely unfounded. W.P ( C) No.5858 of 2009 3 5. The situation arising here is similar. I respectfully agree with the reasoning contained in Ext.P6 judgment which followed the judgment in WPC No.20914/2003. Therefore, the writ petition is allowed. Ext.P2 is quashed. It is declared that the petitioner is entitled to have the fixation of pay with that of her junior as sanctioned as per Ext.P1. T.R RAMACHANDRAN NAIR, JUDGE ma W.P ( C) No.5858 of 2009 4 W.P ( C) No.5858 of 2009 5