IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 28TH AUGUST 2009 / 6TH BHADRA 1931 WP(C).No. 25005 of 2009(U) -------------------------- PETITIONER(S): --------------- 1. A.R. SWAMINATHAN, HEADMASTER, GOVT. L.P. SCHOOL, MARARKULAM, CHERAYA P.O., PALAKKAD DIST. PIN 678 635, BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.C.P.SIVADASAN NAIR RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. 3. THE ASSISTANT EDUCATIONAL OFFICER, PARALI, PALAKKAD DIST. SENIOR GOVERNMENT PLEADER, SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.25005/2009-U ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 28th day of August, 2009 J U D G M E N T The petitioner herein entered service as an Aided School Teacher and he later joined as a Departmental School Teacher after selection through P.S.C on 15/07/1985. He was promoted as Headmaster on 20/04//2005. The petitioner has already been sanctioned the time bound higher grade in terms of G.O.(P).No.3000/98/Fin., dated 25/11/1998. The 18 years higher grade was sanctioned to him with effect from 01/07/2000 reckoning the aided school service rendered by him from 07/06/1982. He has already completed 23 years of service on 20/06/2005 and notional fixation and selection grade was sanctioned to him on 01/07/2005. The pay of the Headmaster in the scale of Rs.5500-9075 was finally fixed with effect from 01/07/2005 at Rs.6,275/- and subsequent increment was sanctioned raising the pay at Rs.6,450/- with effect from 01/07/2006. 2. Meanwhile, the new pay revision has also come into force as per G.O.(P).No.145/06/Fin dated 25/03/2006. Ext.P2 shows that the third respondent sanctioned the pay of the petitioner, but the same was objected to by Ext.P3 by the office of the second respondent. The main objection W.P.(C). No.25005/2009 -:2:- raised was that the permission given to the petitioner to opt notionally to a convenient date, is against the provisions of Ext.P1. The contentions raised by the petitioner is that in terms of Ext.P4, the objection cannot be sustained. In these circumstances, the petitioner has filed Ext.P5 representation before the Government. 3. There will be a direction to the first respondent to take a decision on Ext.P5 after hearing the petitioner within a period of four months from the date of receipt of a copy of this judgment. Any proposal for recovery will be kept in abeyance till orders are passed. The writ petition is disposed of as above. No costs. Sd/- T.R. RAMACHANDRAN NAIR, JUDGE ms \\TRUE COPY// P.A TO JUDGE