IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 6TH JULY 2009 / 15TH ASHADHA 1931 WP(C).No. 6530 of 2007(B) --------------------------------------- PETITIONER(S): ------------------------- 1. ALPHONSA ENGRATIDA P.J., RETIRED PRINCIPAL, GOVERNMENT HIGHER SECONDARY SCHOOL, MOOKKANNOOR. 2. JOSE P.P., RETIRED PRINCIPAL, GOVERNMENT HIGHER SECONDARY SCHOOL, MOOKKANNOOR. 3. ANNAMMA K.M., RETIRED PRINCIPAL, GOVERNMENT HIGHER SECONDARY SCHOOL (BOYS), PERUMBAVOOR. 4. ISHA M.R., RETIRED PRINCIPAL, GOVERNMENT HIGHER SECONDARY SCHOOL (BOYS), ALUVA. 5. MARTHA THARIATH, RETIRED PRINCIPAL, GOVERNMENT HIGHER SECONDARY SCHOOL, KODUNGALLUR, THRISSUR DISTRICT. 6. UMAYAMMA T.V., RETIRED PRINCIPAL, GOVERNMENT HIGHER SECONDARY SCHOOL, NORTH PARAVUR. 7. RAMAKRISHNAN K.P., RETIRED PRINCIPAL, GOVERNMENT GIRLS HIGHER SECONDARY SCHOOL, KODUNGALLUR, THRISSUR DIST. BY ADV. MR.S.RAMESH BABU W.P.(C) NO.6530/2007 RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 3. ACCOUNTANT GENERAL (A & E), KERALA, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT.SMITHA SUKUMARAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/07/2009 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.6530/2007 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER GO(MS) 312/04/G.EDN. DT. 11.10.04. P2:- COPY OF THE ORDER NO.AD.B1/11048/HSE DT. 2.12.04. P3:- COPY OF THE PROCEEDINGS WITH EFFECT FROM 1.8.02. P4:- COPY OF THE GO(MS) 11/06/GEN. EDN. DT. 6.1.06. P5:- COPY OF THE GO(P) NO.145/06/FIN. DT. 25.3.06. P6:- COPY OF THE RELEVANT EXTRACT FROM THE PAY REVISION ORDER CIRCULAR NO.278. P7:- COPY OF THE ORDER DT. 9.5.06. P8:- COPY OF THE COMMUNICATION DT. 7.7.06. TRUE COPY P.S. TO JUDGE TSS S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 6530 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 6th July, 2009. J U D G M E N T The petitioners retired as Principals of Government Higher Secondary Schools on 31-3-2006. While they were working as High School Assistants, they were appointed as Higher Secondary School Teachers in Government Higher Secondary Schools prior to 13-5- 1998. Pursuant to Ext. P1 order, their services as Higher Secondary School Teachers were regularised by Ext. P2 order dated 2-12-2004. Their probation was also declared by Ext. P3. They were promoted as Principals of Higher Secondary Schools in 2003. At that time, they were only granted an allowance of Rs. 250/- p.m. in addition to their salary as Higher Secondary School Teachers and no salary in a scale of pay prescribed for the post was sanctioned. By Ext. P4 dated 6-1- 2006, the scale of pay was fixed for Principles of Higher Secondary Schools as Rs. 7200-11400. During the pay revision effected by G.O (P) No. 145/2006/Fin. dated 16-4-2001, the said scale of pay was revised to Rs. 12,250-19800. The petitioners' grievance is that they have not been paid the benefits of the scale of pay. They also raised a grievance that they have not been paid leave surrender salary due to them. According to them, they are also entitled to higher grades in the category of Principals of Higher Secondary Schools on completion of 27 years of service reckoning their service as High School Assistants also. The petitioners therefore seek the following reliefs: “(i) Issue a writ of mandamus commanding the respondents to grant to the petitioners scale of pay of Rs.12250-19800 in the category of Principals notionally with effect from 1.7.2004 and monetarily with effect from 1-4-2005 and to fix the retiral benefits of the petitioners on the basis of the above and to pay all the monetary benefits on account of such fixation expeditiously and within a period as prescribed by this Hon'ble Court. (ii) Issue a writ of mandamus commanding the respondents to W.P.C. No. 6530/07 -: 2 :- grant time bound higher grade to the petitioners on completion of 10 years service from their initial appointment as Higher Secondary School teachers and to grant consequential benefits on the basis of the above expeditiously and within a period to be fixed by this Hon'ble Court. (iii) Issue a writ of mandamus commanding the respondents to grant surrender of earned leave as sought for by the petitioners reckoning their service as existing on or after 16-4-2001 as regular service of Principals with all monetary consequences thereon. (iv) Issue a writ of mandamus directing the respondents to grant higher grade to the petitioners in the category of Principal of Higher Secondary Schools on completion of 27 years of service reckoning service both as high school assistant to Principal and grant the monetary benefits of the same expeditiously and within a period fixed by this Hon'ble Court.” 2. Although no counter affidavit has been filed, the learned Government Pleader would submit that they have no claim for leave surrender salary. According to the learned Government Pleader, they are not entitled to leave surrender salary insofar as the post of Principal in Higher Secondary Schools was declared as non-vacation post only in 2007 after the retirement of the petitioners and therefore the petitioners are not entitled to surrender leave salary as no earned leave is due to them. As far as the higher grade is concerned, the learned Government Pleader would submit that the petitioners became Higher Secondary School Teachers only in 1990 and they have put in only 15 years' service during which period they have got one promotion as Principal in 2003. 3. I have considered the rival contentions in detail. 4. There cannot be any doubt that having been promoted in 2003 as Principals of Higher Secondary Schools, the petitioners are entitled to fixation of pay in the scale of pay sanctioned. On revision of scale of pay as per Ext. P5, the petitioners are entitled to get their pay fixed in the revised scale of pay, i.e., notionally with effect from 1-7-2004 with monetary benefits from 1-4-2005. This shall be done W.P.C. No. 6530/07 -: 3 :- and arrears paid as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. Their pensionary benefits shall also be revised accordingly. 5. As far as leave surrender salary is concerned, if the Principals had actually worked during vacation and they are required to work during vacation, the fact that the post of Principal was declared as a non-vacation post only in 2007 cannot stand in the way of the petitioners being eligible for earned leave and surrender leave salary thereof. Accordingly, appropriate orders regarding permitting the petitioners to surrender their earned leave salary shall be issued and leave salary should be disbursed to the petitioners within two months from the date of receipt of a copy of this judgment. 6. As far as higher grade is concerned, the petitioners are entitled to first higher grade in the entry post on completing 10 years' of service. The petitioners entered service in 1990. That being so, they are entitled to first higher grade after 10 years as per the Pay Revision Order in force in the year 2000, on completing 10 years of service in 2000. Accordingly, the petitioners would also be given higher grade and their pay shall be fixed accordingly and arrears disbursed to them as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. Sd/- S. Siri Jagan, Judge. Tds/