IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 7TH SEPTEMBER 2011 / 16TH BHADRA 1933 WP(C).No. 24500 of 2011(J) -------------------------- PETITIONER(S): --------------- K.R.RADHAMANI AMMA WIFE OFP.K.GOPALAKRISHNAN NAIR, AGED 60 YEARS PRINCIPAL (RETD.) GOVERNMENT HIGHER SECONDARY SCHOOL, PAMPADY (RESIDING AT PONTHENPLACKAL THAZHATHU, ANICKADU, KOTTAYAM 686 503). BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM -1 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION HOUSING BOARD BUILDINGS, SANTHI NAGAR THIRUVANANTHAPURAM -14 3. THE ACCOUNTANT GENERAL (A&E) KERALA THIRUVANANTHAPURAM-39 GOVERNMENT PLEADER, SHRI V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24500 of 2011 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE ORDER OF THE DIRECTOR OF HIGHER SECONDARY EDUCATION. EXT.P2 TRUE COPY OF THE ORDER NO.A2-885/91/HSE OF THE DIRECTOR EXT.P3 TRUE COPY OF THE GO RT NO.2123/2004/G.EDN. EXT.P4 TRUE COPY OF THE GO RT 1355/07/G.EDN. EXT.P5 TRUE COPY OF THE GO MS 11/06/G.EDN. EXT.P6 TRUE COPY OF THE GO P NO.33/2010/G.EDN. EXT.P7 TRUE COPY OF THE REPRESENTATION FILED BEFORE THE GOVERNMENT. RESPONDENTS' EXTS: NIL \\TRUE COPY// P.A TO JUDGE T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.24500/2011-J ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 7th day of September, 2011 J U D G M E N T The petitioner herein has retired from service of the Government Higher Secondary School, Pampady on 31/03/2006. 2. It is the case of the petitioner that even prior to the date of her retirement, she was performing the duties of the Principal. 3. For getting the pay fixed in the cadre of Principal, the petitioner had addressed the second respondent but that was declined by Ext.P1 order. The petitioner relies upon Exts.P2 and P3 orders by which she was promoted as the Higher Secondary School Teacher (H.S.S.T) on 20/07/1990. Earlier, the petitioner had approached this Court by filing W.P.(C).No.33030/2006 seeking for grade promotion and fixation. That culminated in Ext.P4 Government Order. 4. It is the case of the petitioner that the post of Principal was brought into force with effect from 16/04/2001 as per the Special Rules and finally, the W.P.(C). No.24500/2011 -:2:- same was created as per Ext.P5 Government Order, namely, G.O.(MS).No.11/06/G.Edn., dated 06/01/2006. The petitioner's name is included in the select list of H.S.S.Ts for the category of Principals as per Ext.P6 notification. 5. In the light of the above, the petitioner seeks for fixation of pay in the post of Principal as well as grant of monetary benefits. Ext.P7 is the representation submitted by the petitioner in that regard. 6. There will be a direction to the Government to consider and pass orders on Ext.P7 in the light of various points raised in the writ petition after hearing the petitioner within a period of five 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 first respondent for compliance. Sd/- (T.R. Ramachandran Nair, Judge.) ms