IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 10068 of 2009(C) ---------------------------------------- PETITIONER(S): ------------------------ 1. N.E. JOY, HEADMASTER, GOVERNMENT LOWER PRIMARY SCHOOL, KUTTIPPURAM NORTH,KUTTIPPURAM P.O., MALAPPURAM DISTRICT. 2. MOHANADASAN, HEADMASTER, GOVERNMENT LOWER PRIMARY SCHOOL, KLARY WEST, KLARI P.O., MALAPPURAM DISTRICT. 3. ANILKUMAR K.P., HEADMASTER, GMUP SCHOOL, THIRUR, MALAPPURAM DIST. 4. A.I. BABY, HEADMASTER, GOVERNMENT UPPER PRIMARY SCHOOL, PUTHUMANOOR, PUTHENKURUZ P.O., ERNAKULAM. 5. C.K. RAJAN, HEADMASTER, GOVERNMENT LOWER PRIMARY SCHOOL, VEMPILLY P.O., ERNAKULAM. BY ADV. SRI.P.N.MOHANAN RESPONDENT(S): --------------------------- 1. GOVERNMENT OF KERALA, REP. BY SECRETARY TO GOVERNMENT, (GENERAL EDUCATION DEPARTMENT) SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. Kss ..2/- ....2..... WPC.NO.10068/2009 C 3. ASSISTANT EDUCATIONAL OFFICER, KUTTIPPURAM , MALAPPURAM. *ADDL.R4 IS IMPLEADED: R4. SECRETARY, FINANCE DEPARTMENT, SECRETARIAT, TRIVANDRUM. (*ADDL.R4 IS IMPLEADED AS PER ORDER DTD. 8/04/2009 IN I.A.NO.5068/2009) R1 TO R4 BY GOVERNMENT PLEADER MR. T.T. MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.Ravindran, J. ================== W.P.(C) No.10068 of 2009 ===================== Dated this the 8th day of April, 2009. JUDGMENT Heard Sri. P.N.Mohanan, the learned counsel appearing for the petitioners and Sri. T.T.Muhamood, the learned Government Pleader appearing for the respondents. 2. The petitioners are presently working as Headmasters in Government Lower Primary and Upper Primary Schools. They entered service as Lower Primacy School Assistants. While in service as LPSA, they were given the first and second time bound higher grade promotions. After they were promoted to the category of Headmaster, the third higher grade became due. As a matter of fact, the third petitioner was given third higher grade after he was promoted as Headmaster. It appears that some of the persons who were juniors to the petitioners were given third higher grade promotions even before they were promoted to the category of Headmaster and thereby they started drawing higher pay. That anomaly was rectified by Ext.P1 order dated 15.9.1999. The benefit of Ext.P1 Government order was however taken away by Ext.P5 circular dated 3.11.2008. Aggrieved thereby, the petitioners along with others have submitted Ext.P6 representation to the Secretary to Government, Finance Department and the petitioners have submitted Ext.P8 representation to the Secretary to Government, WP(C) 10068/09 -: 2 :- Finance Department pointing out the anomaly and requesting for restoration of the benefits which they were entitled to under Ext.P1 Government order. In this Writ Petition, the petitioners inter alia seek a direction to the Secretary to Government, Finance Department to consider the grievance voiced by them in Exts.P6 and P8 representations and take a decision thereon within a time limit to be fixed by this Court. 3. The learned Government Pleader appearing for the respondents on instructions submits that the originals of Exts.P6 and P8 have been received by the Secretary to Government, Finance Department. The learned Government Pleader also submits that though copies of Exts.P6 and P8 have been marked to the Secretary to Government, General Education Department also, the said officer has not received the originals thereof. In my opinion, since the petitioners have already moved the Government seeking the intervention of the Government in the matter, it is only proper that the Government considers the grievance voiced by them in Exts.P6 and P8 representations. The grievance voided by the petitioners is that the benefit extended to them by Ext.P1 Government order has been taken away by Ext.P5 circular. In these circumstances, I dispose of this Writ Petition with a direction to the Secretary to Government, Finance Department to consider Exts.P6 and P8 representations submitted by the petitioners and take a decision thereon after affording one among the petitioners whom they may nominate as their representative, a reasonable opportunity of being heard. Final WP(C) 10068/09 -: 3 :- orders in the matter shall be passed within four months from the date on which the petitioners produce a copy of this Writ Petition along with a certified copy of this judgment before the Secretary to Government, Finance Department. P.N.Ravindran, Judge. ess