IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 29TH OCTOBER 2009 / 7TH KARTHIKA 1931 WP(C).No. 11851 of 2009(B) --------------------------------------- PETITIONERS: --------------------- 1. R.VALSALA, HEAD MISTRESS (RETIRED), GANAPATH A.U.P SCHOOL, RAMANATTUKARA, KOZHIKODE-673 633. 2. C.KRISHNAKUMARI, HEAD MISTRESS, NALLALAM A.L.P SCHOOL, NALLALAM P.O., KOZHIKODE-673 027. 3. RAJANI M.P., HEAD MISTRESS, THALIKULANGARA A.L.P SCHOOL, MANKAVE P.O., KOZHIKODE-673 006. BY ADVS. MR.K.JAJU BABU, SMT.M.U.VIJAYALAKSHMI, MR.BRIJESH MOHAN, MR.A.HAROON RASHEED. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GOVERNMENT EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 4. THE ASSISTANT EDUCATIONAL OFFICER, KOZHIKODE. R1 TO R4 BY GOVERNMENT PLEADER MR. BIJOY CHANDRAN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.11851/2009-B: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE G.O.(P).NO.1811/99/(38).FIN. DTD. 15/09/1999 OF THE GOVERNMENT OF KERALA, FINANCE (PAY REVISION IMPLEMENTATION) DEPARTMENT). EXT.P.2: COPY OF THE ORDER NO. E4-7074/07 DTD. 13/09/2007 OF THE R.3. EXT.P.3: COPY OF THE CIRCULAR NO. 68/08/(117)FIN. DTD. 03/11/2008 OF THE GOVERNMENT OF KERALA, FINANCE (PRC-A) DEPARTMENT. EXT.P.4: COPY OF THE ORDER NO. R.3/85837/07/DPI DTD. 19/01/2009 OF THE R.2. EXT.P.5: COPY OF THE G.O.(P).NO.222/09 (126)/FIN. DTD. 08/06/09 ISSUED BY THE R.1. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 11851 of 2009-B - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of October, 2009. JUDGMENT The first petitioner retired from service as Headmistress and petitioners 2 and 3 are working as Headmistresses. By Ext.P1 Government Order, both primary and secondary school teachers who got promotion as Headmaster without holding the post of senior/selection grade teacher, will be allowed the benefit of notional fixation as and when they become eligible for senior grade/selection grade, wherein a cut off date is fixed. 2. The petitioners approached this Court challenging Ext.P3 Govt. Order dated 3.11.2008. 3. The respondents have filed a counter affidavit. 4. It is submitted that in the light of Ext.P5 order, the matter can be directed to be reconsidered by the 4th respondent. As per Ext.P5, the Government has ordered that “notional fixation in the post of P.D. Teacher Senior Grade/Selection Grade which granted/falls due to Primary Headmasters can be granted irrespective of the date 1.3.2006 subject to the other conditions stipulated in the circular dated 3.11.2008.” Thus, Ext.P3 stands modified by Ext.P5. wpc 11851/2009 2 Therefore, the writ petition is disposed of directing the 4th respondent to take appropriate action in terms of Ext.P5, with regard to the claims raised by the petitioners seeking various benefits. Final orders in this regard shall be passed within one month from the date of production of a copy of this judgment. No costs. (T.R. Ramachandran Nair, Judge.) kav/