IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 16TH AUGUST 2011 / 25TH SRAVANA 1933 WP(C).No. 21628 of 2011(C) ---------------------------------------- PETITIONER(S): ----------------------- JAMEELA C., WIFE OF KUNJU MUHAMMED, AGED 56 YEARS, INSPECTOR OF MUSLIM EDUCATION (RETIRED), OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. (RESIDING AT ERANHICKAL, IKARAPADY, MALAPPURAM DISTRICT). BY ADV. SRI.V.A.MUHAMMED, SRI.K.E.HAMZA. RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-695 014. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE-670 020. R1 TO R3 BY GOVT. PLEADER MR.V. VIJULAL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 21628 of 2011(C) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER NO.A1-21165/07/DPI OF THE 2ND RESPONDENT. EXT.P2: COPY OF THE ORDER NO.C5/7362/09 OF THE DEPUTY DIRECTOR. EXT.P3: COPY OF THE APPEAL FILED BEFORE THE 2ND RESPONDENT. EXT.P4: COPY OF THE LETTER NO.C5/13794/09 OF THE 3RD RESPONDENT. EXT.P5: COPY OF THE LETTER NO.R1/19558/08 OF THE 2ND RESPONDENT. EXT.P6: COPY OF THE JUDGMENT IN WP(C) NO. 9769/2009-M. EXT.P7: COPY OF THE G.O.(RT) NO.4132/2009/G.EDN. OF THE GOVERNMENT. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.21628 Of 2011 -------------------------------------------------- DATED THIS THE 16th DAY OF AUGUST, 2011 J U D G M E N T The petitioner retired as Inspector of Muslim Education in the Office of the Deputy Director of Education, Civil Station, Kozhikode. The petitioner obtained her promotion as such while working as High School Assistant(Arabic) Selection Grade as evident from Exhibit P1. 2. The main relief sought for in the Writ Petition is for a direction to revise the pay of the petitioner by granting the pay attached to the post of Inspector of Muslim Education for High Schools in terms of Exhibits P6 and P7. 3. It is averred in the Writ Petition that in the 1997 pay revision, two pay scales were shown for Inspector of Muslim Education, i.e., Rs.6675-10540 and Rs.5500-9190. This was revised in the 2006 pay revision order as Rs.11070-18450 and Rs.9190-15510. In the 2009 pay revision order it was revised as Rs.18740-33680 and Rs.16180-29180. In those scales of pay, higher scale of pay was meant for Inspector of Muslim Education W.P.(C)No.21628/11 -2- and lower scale of pay was meant for Women Inspector of Girls in Primary Schools. The fixation sought for by the petitioner in terms of 2006 pay revision order was rejected as evident from Exhibit P2. 4. The same was challenged by the petitioner before the Director of Public Instruction as per Exhibit P3 and the Deputy Director of Education also addressed the Director of Public Instruction seeking a clarification as per Exhibit P4 who in turn addressed the Government in the matter as per Exhibit P5. 5. It is pointed out that in Exhibit P6 judgment in similar cases after noticing various aspects this Court directed to consider the grievance raised by the petitioners therein to grant the scales of pay applicable and thereafter by Exhibit P7 the Government passed an order granting higher scale of pay of the Inspector of Muslim Education to the person concerned. Therein the parties were granted the scale of pay of Rs.6675-10550 which is the pre-revised scale of Rs.11070-18450. 6. The learned Government Pleader on getting instructions submitted that the Government has not clarified the position so far. W.P.(C)No.21628/11 -3- 7. There will be a direction to the Government to issue appropriate clarification as sought for in Exhibit P5 by the Director of Public Instruction in the light of Exhibit P6 judgment and P7 order passed by the Government. Appropriate communication will be issued in the matter within a period of three months from the date of receipt of a copy of this judgment. The petitioner shall forward a copy of the Writ Petition along with a certified copy of this judgment to the Government for compliance. The Writ Petition is disposed of as above. Sd/-(T.R. RAMACHANDRAN NAIR, JUDGE) dsn