IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.VINOD CHANDRAN FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 WA.No. 512 of 2011() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.16150/2008 DATED 31/01/2011 .................... APPELLANT(S): /RESPONDENTS IN WPC ------------------------------------------- 1. STATE OF KERALA REP.BY THE PRINCIPAL SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM 2. THE ASSISTANT EDUCATIONAL OFFICER, CHITTOOR, PALAKKAD. BY GOVERNMENT PLEADER, MR.GEORGE MECHERIL RESPONDENT(S): /PETITIONER IN WPC ------------------------------------------- S.RAVEENDRAN,HEADMASTER (RETIRED) G.U.P.S ELAPPULLY, PALAKKAD, RESIDING AT "SAYOOJYAM",ELAPPULLY, PALAKKAD DISTRICT, PIN - 678 001. ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.T.S.SHYAM PRASANTH THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 18/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.A.NO.512/2011 APPENDIX APPELLANT'S EXHIBITS ANNEXURE-I : COPY OF G.O. DATED 18/11/1980. ANNEXURE-II : COPY OF GO DATED 16/06/2000 //TRUE COPY// PA TO JUDGE. jg C.N.RAMACHANDRAN NAIR & K.VINOD CHANDRAN, JJ. .................................................................... W.A. No.512 of 2011 .................................................................... Dated this the 18th day of November, 2011. J U D G M E N T Ramachandran Nair, J. This Writ Appeal is filed by the State for a declaration that the respondent is entitled to be appointed as Head Master on completion of 15 years service based on the amendment to Rule 1 of Chapter XXVI of the KER, which provides that Head Master's scale of pay will be given only if the teacher concerned appointed as Head Master has not less than 15 years service. The respondent with 8 years service became Head Master in 1981. The amendment to the Rule was introduced in 1988. Even though retrospectivity was given to the Rule, a Division Bench of this Court declared that part of the Rule invalid vide judgment rendered, which was relied on by the learned Single Judge in allowing the respondent's claim. There is also finding by the learned Single Judge that so many teachers who became Head Masters before completion of 15 W.A.No.512/2011 2 years service were given Head Master's pay scale before the Rule was amended. So much so, we see no reason to decline the benefit to the respondent alone. Even though a notification of the Government issued in 1980 was brought to the notice of the learned Single Judge, the learned Single Judge held that the Division Bench judgment on validity of the Rule is binding on the Government, and so much so, the respondent was entitled to the benefit. When the Government has accepted the Division Bench judgment and allowed others to enjoy the benefit, we see no reason why the respondent alone could be declined the benefit. Consequently, we dismiss the Writ Appeal. (C.N.RAMACHANDRAN NAIR, JUDGE) (K.VINOD CHANDRAN, JUDGE) jg