IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 WP(C).No. 35134 of 2009(J) -------------------------- PETITIONERS: --------------- 1. P.RANJINI, HIGH SCHOOL ASSISTANT (SOCIAL STUDIES) (UNDER ORDERS OF REVERSION AS UPSA) C.V.M. HIGH SCHOOL, VANDAZHI, PALAKKAD DISTRICT. 2. K.K.ASHA, HIGH SCHOOL ASSISTANT (SOCIAL STUDIES) (UNDER ORDERS OF REVERSION AS UPSA) C.V.M. HIGH SCHOOL, VANDAZHI, PALAKKAD DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD. 3. THE HEADMASTER, C.V.M. HIGH SCHOOL, VANDAZHI, PALAKKAD. BY SR. GOVT. PLEADER SRI. A.J VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2009 ALONG WITH WPC NO.35136/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) Nos.35134 & 35136 of 2009 -------------------------- Dated this the 7th December,2009 J U D G M E N T Petitioners in W.P (C) No.35134/2009 are working as High School Assistants (Social Studies) and the petitioners in W.P(C) No. 35136/2009 are working as High School Assistants (Social Studies) and (Maths) in C.V.M High School, Palakkad. They have been ordered to be reverted as U.P.S.As as per the Staff Fixation order of the year 2008-2009. Exts P1 and P1 (a) are the said orders issued by the District Educational Officer. Petitioners contend for the position that they are eligible for protection in the cadre of H.S.A itself. But the District Educational Officer ordered to refix the pay of the petitioners in the post of U.P.S.A as per Ext.P2. Petitioners are relying upon Ext.P2 Government Order namely G.O (P) No.178/2002/G.Edn. dated 28.6.2002 especially paragraph 1 (iii), wherein, it is mentioned that the salary of the Protected Teachers will be protected in their original post. 2. Aggrieved by the orders passed by the District Educational Officer, petitioners in W.P (C).35134/2009 W.P ( C) No.35134 & 35136 of 2009 2 have filed Exts.P4 and P5 revision petitions before the 1st respondent and in W.P (C) 35136 of 2009 revision petitions have been produced as Exts. P4, P5 and P6. 3. Learned counsel for the petitioners submitted that reduction of salary cannot be justified and the petitioners are entitled for protection of pay. 4. It is a matter for the Government to take decision after hearing the parties. Therefore, these writ petitions are disposed of in the following terms: Exts.P4 and P5 in W.P (C) No.35134/2009 and Exts.P4 to P6 in W.P(C) No.35136/2009 will be heard and disposed of by the 1st respondent with notice to the petitioners and Headmaster, namely the 3rd respondent, within a period of two months from the date of receipt of a copy of this judgment. In the meantime, their salary will not be re-fixed. Petitioners will produce a copies of the writ petition along with copy of this judgment before the 1st respondent for compliance. T.R RAMACHANDRAN NAIR, JUDGE ma W.P ( C) No.35134 & 35136 of 2009 3 W.P ( C) No.35134 & 35136 of 2009 4