IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 3RD NOVEMBER 2008 / 12TH KARTHIKA 1930 WP(C).No. 11635 of 2008(I) -------------------------- PETITIONER(S): ------------------ K.R.VIMALA, AGED 45 YEARS, W/O. JAYACHANDRAN HIGH SCHOOL ASSISTANT MALAYALAM P.M.S.A.M HIGH SCHOOL, CHEMMANKADAVU P.O., KODUR 676 504, MALAPPURAM DISTRICT BY ADV. SRI.V.A.MUHAMMED RESPONDENT(S): ------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT SECRETARIAT, TRIVANDRUM 2. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, TRIVANDRUM-14 3. THE DEPUTY DIRECTOR OF EDUCATION MALAPPURAM DISTRICT 4. THE DISTRICT EDUCATIONAL OFFICER MALAPPURAM DISTRICT GOVT.PLEADER SRI.T.T.MOHAMMED THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.11635/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE STATEMENT OF FIXATION. EXT.P2: TRUE COPY OF THE AUDIT OBJECTION OF THE DY.DIRECTOR OF EDN. EXT.P3: TRUE COPY OF THE ORDER NO.F5/1968/04 OF -DO- EXT.P4: TRUE COPY OF THE LETTER NO.66683/E3/2005/GE OF THE GOVERNMENT. EXT.P5: TRUE COPY OF THE REVIEW PETITION FILED BEFORE THE GOVERNMENT. EXT.P6: TRUE COPY OF THE LETTER NO.64772/E3/07/G.EDN. OF THE GOVERNMENT. EXT.P7: TRUE COPY OF THE DECISION REPORTED IN 2002(1) KLT 157. EXT.P8: TRUE COPY OF THE ANNEXURE III OF G.O.(P) NO.3000/98/FIN. OF THE GOVERNMENT. EXT.P9: TRUE COPY OF THE CIRCULAR NO.59151/J2/2000/G.EDN. OF THE GOVERNMENT. EXT.P10: TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN OP NO.23261/98.T. EXT.P11: TRUE COPY OF THE CIRCULAR NO.15943/B2/95/G.EDN. OF THE GOVERNMENT. EXT.P12: TRUE COPY OF the CIRCULAR NO.F4/28516/98 OF THE GOVERNMENT. EXT.P13: TRUE COPY OF THE LETTER NO.6041/K4/2001/G.EDN. OF THE GOVERNMENT. EXT.P14: TRUE COPY OF THE LETTER NO.6578/J2/2000/G.EDN. OF THE GOVERNMENT. EXT.P15: TRUE COPY OF THE JUGDMENT OF THIS HON'BLE COURT IN WPC NO.20914/2003-M. EXT.P16: TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO.10482/2004. WPC NO.11635/2008 -2- EXT.P17: TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO.35325/2005. EXT.P18: TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO.17135/2006-M. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. ============== W.P.(C) NO. 11635 OF 2008 (I) ==================== Dated this the 3rd day of November, 2008 J U D G M E N T The challenge in this writ petition is against Exts. P2, P3 and P4 by which the pay fixed to the petitioner by Ext.P1 has been objected. The issue raised is covered by the judgments of this court in WP(C) Nos. 20914/03 and 10482/04, copies of which are Exts.P15 and P16. 2. In view of the above two judgments, the petitioner is entitled to succeed. 3. For that reason, Exts. P2, P3 and P4 will stand quashed and it is declared that fixation of the pay and subsequent grade promotion ordered as per Ext.P1 is valid. Consequential orders will be passed by the 4th respondent on the production of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp