IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 19TH DECEMBER 2011 / 28TH AGRAHAYANA 1933 WP(C).No. 32875 of 2011(H) -------------------------- PETITIONER(S): --------------- 1. K. BHANUMATHY, AGED 50 YEARS, W/O. GOPALAKRISHNAN, MADATHIL HOUSE, MURIYAD.P.O, THRISSUR DISTRICT, HEADMISTRESS, A.L.P.S PONKOTHRA, THRISSUR DISTRICT. 2. A.R. ASALATHA, POKORUPARAMBIL HOUSE, KURUMBISSERY.P.O, IRINJALAKUDA, HEADMISTRESS, S.N.G.S.S UPPER PRIMARY SCHOOL, EDAKKULAM, IRINJALAKUDA. 3. DALY M.T PULLOKKARAN HOUSE, NANDIKKARA P.O., THRISSUR, HEADMISTRESS, JANATHA LOWER PRIMARY SCHOOL, CHERUVAL, P.O. PAZHAYI, THRISSUR DIST. BY ADV. SRI.RENJITH THAMPAN, SENIOR ADVOCATE SRI.V.M.KRISHNAKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. ASSISTANT EDUCATION OFFICER, IRINJALAKUDA, THRISSUR DISTRICT - 680 121. SENIOR GOVERNMENT PLEADER, SHRI M.A. FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 32875 of 2011(H) APPENDIX PETITIONER(S) EXHIBITS EXHIBIT-P1-TRUE COPY OF THE APPOINTMENT ORDER DATED 08/05/1991 COUNTER SIGNED BY THE A.E.O, IRINJALAKUDA EXHIBIT-P2-TRUE COPY OF THE APPOINTMENT ORDER DATED 01/06/2001 COUNTER SIGNED BY THE A.E.O, IRINJALAKUDA. EXHIBIT-P3-TRUE COPY OF THE APPOINTMENT ORDER DATED 10/05/1999 COUNTER SIGNED BY THE A.E.O EXHIBIT-P4-TRUE COPY OF THE LETTER DATED 17/08/2001 OF THE A.E.O EXHIBIT-P5- TRUE COPY OF THE JUDGMENT IN W.P(C) 34575/2010 DATED 05/07/2011. EXHIBIT-P6- TRUE COPY OF THE APPLICATION DATED 18/05/2011 FILED BY THE 1ST PETITIONER. EXHIBIT-P7- TRUE COPY OF THE APPLICATION DATED 01/12/2011 FILED BY THE 2ND PETITIONER. EXHIBIT-P8- TRUE COPY OF THE APPLICATION FILED BY THE 3RD PETITIONER DATED 30/11/2011. RESPONDENTS' EXHIBITS : NIL \\True copy// P.A to Judge T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.32875/2011-H ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 19th day of December, 2011 J U D G M E N T All the petitioners herein are working as Headmistress in their respective schools. The issue pertains to the grant of Higher Grade on completion of eight years of service in the post of Headmistress. 2. The petitioners are relying upon the Judgment of this Court in W.P.(C).No.34575/2010, a copy of which is produced as Ext.P5. 3. It is submitted by the learned Senior Counsel for the petitioners that the petitioners have already completed more than 8 years of continuous service as Headmistress and thus they have become entitled for Higher Grade promotion. The main plea raised in the writ petition is that the completion of 15 years of service as Headmistress, as stipulated under Rule 1 of Chapter XXVI of Kerala Education Rules, for the grant of Headmaster's scale of pay, is not required for making them eligible for Higher Grade. W.P.(C). No.32875/2011 -:2:- 4. The question whether, for getting Higher Grade to persons like the petitioners, they should complete eight years of service in the Headmaster's Scale of pay was considered by this Court in Ext.P5 Judgment. Therein, this Court relied upon an earlier Judgment of this Court in W.P.(C).No.11484/2006. This Court in the said Judgment held that the contention that the Higher Grade can be granted only after the completion of eight years of service in the Headmaster's scale of pay cannot be justified. Para.8 of W.P.(C).No.11484/2006 is extracted below: “8.............. 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.32875/2011 -:3:- 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.” 5. The learned Government Pleader on getting instructions submitted that the respondents maintain the stand that the petitioners will be entitled for grant of Higher Grade only on completion of eight years after obtaining Headmaster's scale of pay. Evidently, the said stand cannot be accepted in the light of the principles stated in Ext.P5 Judgment. 6. In that view of the matter, the petitioners are also entitled for a declaration that they are eligible for grant of Higher Grade on completion of eight years service as Headmistress. There will be a direction to the second respondent to consider their applications and sanction the eligible Higher Grade benefits to the petitioners in the light of the declaration made above, in tune with Ext.P5 Judgment, W.P.(C). No.32875/2011 -:4:- and disburse the eligible benefits within a period of two months from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. The petitioner will produce a copy of the writ petition along with a certified copy of the Judgment before the second respondent for compliance. Sd/- (T.R. Ramachandran Nair, Judge.) ms