IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 22ND OCTOBER 2008 / 30TH ASWINA 1930 WP(C).No. 12989 of 2004(U) ---------------------------------------- PETITIONER(S): ----------------------- N.ANTONY, SHAARON, NETAJI CROSS ROAD, PUTHIVARA, KOZHIKODE - 673 004 (RETIRED AS DISTRICT ADULT EDUCATION OFFICER) BY ADV. SRI.SIVAN MADATHIL RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTION, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. STATE ADULT EDUCATION OFFICER, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.NOBLE MATHEW FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NOP.12989/2004 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE REPRESENTATION DT. 7.6.93SUBMITTED BY THE PETITIONER BEFORE THE HONOURABLE MINISTER FOR EDUCATION, TRIVANDRUM. P2:- COPY OF THE REMINDER DT. 18.3.94 SENT BY THE PETITIONER BEFORE THE IST RESPONDENT. P3:- COPY OF THE PETITION DT. 31.12.94 SUBMTITED BY THE PETITIONER BEFORE THE PETITIONS COMMITTEE OF THE KERALA LEGISLATIVE ASSEMBLY. P4:- COPY OF THE LETTER DT. 9.12.02 SENT BY THE PETITIONER BEFORE THE IST RESPONDENT. /TRUE COPY/ P.A. TO JUDGE tss KURIAN JOSEPH, J. --------------------------------------- W.P.(C) No.12989 OF 2004 --------------------------------------- Dated this the 22nd day of October, 2008. J U D G M E N T Petitioner approached this Court with the following prayers: i) To declare that the petitioner is entitled to an increment together with attendant benefits to rectify the anomaly caused to him at the time of promotion, as provided for in Rule 28A, Part I, KSR. ii) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1st respondent to sanction an increment with attendant benefits to the petitioner as has been provided in Rule 28A, Part I, KSR to rectify the anomaly caused to the petitioner at the time of promotion. In the counter affidavit filed on behalf of the first respondent it is stated that the petitioner is not entitled to the benefit of Rule 28A, since the scale of pay of the petitioner was in the maximum to the post of District Adult Education Officer. It is also seen from the counter affidavit that the position has been clarified by the Government by circular dated 14.07.1992. 2. In case the petitioner has any dispute with regard to the position as stated in the counter affidavit, it will be open to him to approach the first respondent by way of a detailed W.P.(C) No.12989/04 2 representation, in which case, the matter will be duly considered by the first respondent, with notice to the petitioner, and appropriate orders in accordance with law will be passed within another four months. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. smp W.P.(C) No.12989/04 3 KURIAN JOSEPH, J. W.P.(C) No. 12989 OF 2004 J U D G M E N T 22.10.2008