IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 18TH NOVEMBER 2009 / 27TH KARTHIKA 1931 WP(C).No. 32306 of 2009(G) -------------------------- PETITIONER: --------------- MARYKUTTY JOSEPH, W/O. SEBASTIAN, AGED 56 YEARS, (RETIRED HIGHER SECONDARY SCHOOL PRINCIPAL), PADUPURAKKAL HOUSE, THUMBOLI P.O., ALAPPUZHA. BY ADV. SRI.T.V.GEORGE SRI.JIMMY GEORGE (THADATHIL) RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVT., GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SHANTHI NAGAR, THIRUVANANTHAPURAM. 3. THE OFFICE OF THE ACCOUNTANT GENERAL (A & E), KERALA, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI. T.T. MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.32306 of 2009 -------------------------- Dated this the 18th November,2009 J U D G M E N T The petitioner while working as Principal of the Government Higher Secondary School, Thanneermukkam in Alappuzha retired from service on superannuation on 31.2.2008. As per Ext.P1 she was originally appointed as High School Assistant. By Ext.P2 she was transferred by the Director of Public Instruction and posted as Headmistress in a Government High School, Pollathai in Alappuzha. By Ext.P3, the Director of Public Instruction issued directives stating the necessary minimum qualification for promotion to the post of Principal in the Government Higher Secondary Schools in the State. 2. The main prayer in the writ petition is for a direction to the respondents to sanction and release the salary arrears due to the petitioner on the basis of the scale of pay fixed for a Principal of the Government Higher Secondary Schools for the entire period worked by the petitioner as Principal of the Government Higher Secondary School. There is a further prayer to sanction W.P ( C) No.32306 of 2009 2 and release all the pensionary benefits such as pension arrears, commutation of pension and gratuity due to the petitioner on the basis of the scale of pay for Principal of a Government Higher Secondary School with interest. 3. Petitioner was promoted as Principal as per Ext.P4. But she was not given the scale of pay allowed to the Principals of Government Higher Secondary Schools as the scale of pay of Principals of Government Higher Secondary Schools have not been fixed by the Government by then. Actually the Principals of Government Higher Secondary Schools were allowed an amount of Rs.250 per month towards allowances. It is the case of the petitioner that the said allowance of Rs.250/- was also denied to the petitioner on the reason that she was promoted as Principal from the quota of Headmasters/headmistress 4. Thus the petitioner had to retire from service without getting the due benefits. By Ext.P6 dated 1.8.2009, the Government fixed the scale of pay of Principals as Rs.12,250-19,800. W.P ( C) No.32306 of 2009 3 5. Thereafter, the petitioner filed two representations namely Ext.P7 before the 2nd respondent and Ext.P8 before the 1st respondent. Since no action is being taken in the matter, this writ petition has been filed seeking various reliefs. 6. Even though the petitioner has retired from service, the due benefits allowable will have to be granted. Therefore, the claim of the petitioner for payment of arrears of salary and refixation of pension and other pensionary benefits by reckoning the scale of pay shall have to be addressed by the respondents. 7. Learned Government Pleader, on instructions, submitted that Ext.P8 has not been received in the Government so far. Learned counsel for the petitioner submitted that the petitioner will resubmit Ext.P8 before the Government within two weeks. 8. On resubmission of Ext.P8 before the Government as above, appropriate orders will be passed after considering the claim of the petitioner for grant of the scale of pay as per Ext. P6 within a further period of three W.P ( C) No.32306 of 2009 4 months from the date of receipt of a copy of this judgment and the eligible benefits will be disbursed accordingly. The claim for payment of allowance at the rate of Rs.250/- per month will also be considered. Depending upon the outcome of the same, the pensionary benefits sanctioned to the petitioner will be revised and the benefits will be disbursed accordingly. Writ petition is disposed of as above. T.R RAMACHANDRAN NAIR, JUDGE ma W.P ( C) No.32306 of 2009 5 W.P ( C) No.32306 of 2009 6