IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 22ND OCTOBER 2010 / 30TH ASWINA 1932 WP(C).No. 31563 of 2010(U) -------------------------- PETITIONER(S): --------------- A.V.VIJAYAKUMARI,HEADMISTRESS(RTD), KUNHAMPARAMBA UP SCHOOL,RESIDING AT MANGALAM P.O.ERANHOLI,THALASSERY-7,KANNUR DISTRICT. BY ADV. SRI.P.M.PAREETH RESPONDENT(S): --------------- 1. STATE OF KERLA REP.BY SECRETARY TO GOVT. FINANCE DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. DEPUTY DIRECTOR OF EDUCATION, KANNUR-670001. 3. ASSISTANT EDUCATIONAL OFFICER, THALASSERY SOUTH,THALASSERY,KANNUR DISTRICT, PIN-670 001. 4. THE ACCOUNTANT GENERAL, THIRUVANANTHAPURAM-695001. BY G.P.SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------ W.P.(C).No.31563 OF 2010 ------------------------------ Dated this the 22 nd day of October, 2010 JUDGMENT The petitioner entered regular service as Assistant Teacher in Kunhamparamba UP School, on 14.9.1976. She was promoted as Headmistress on 1.1.1988. It is stated that on completion of 23 years of service, the petitioner was granted notional selection grade with effect from 14.9.1999 as per Ext.P1, on the basis of Ext.P2 GO(P) No.1811/1999/(38)/Fin. dated 15 th September, 1999. Consequent on the pay revision with effect from 1.7.2004, the pay of the petitioner was fixed in the revised scale as per Ext.P3 fixation statement dated 15.5.2006. The Deputy Director of Education objected to the grant of Headmasters higher grade to the petitioner as on 14.9.2006 on an interpretation of GO(P) No.145/2006/Fin. dtd.25.3.2006. The audit objection is Ext.P5. The petitioner submitted a representation in the W.P.(C).No.31563 OF 2010 2 Adalath conducted in the presence of Hon'ble Minister for Education at Kannur. However, the matter was not taken up. Though the petitioner appeared in the subsequent Adalath conducted at Kannur on 27.8.2009, she was informed by the Director of Public Instruction that her case will be considered on a separate petition submitted before the Government. Thereafter, the petitioner retired from service. The petitioner was directed to remit a sum of Rs.30,968/- being the alleged excess pay and it was recovered from the Death Cum Retirement Gratuity payable to the petitioner, as per Ext.P8 Chalan dated 17.8.2010. 2. According to the petitioner, she is entitled to the first higher grade in the post of Headmaster on completion of 8 years service or 30 years of higher grade as on 14.9.2006. According to her, the audit objection is unjustified. The audit objection was, however, implemented and the pensionary benefits due to the petitioner were scaled down on the basis of the fixation of pay at a lower scale. In the circumstances, the W.P.(C).No.31563 OF 2010 3 petitioner submitted Ext.P9 representation dated 5.10.2010 before the first respondent. Ext.P9 is pending disposal. 3. The reliefs prayed for by the petitioner in the Writ Petition are the following: “1) A writ of certiorari or other appropriate writ, direction or order calling for the records leading to Ext.P5 audit objection and quash the same. 2) A direction to the first respondent to consider and pass orders on Ext.P9 representation submitted by the petitioner within a time frame. 3) A direction to the 2nd respondent to refund to the petitioner an amount of Rs.30,968/- from her gratuity towards alleged excess pay drawn by her. 4) A direction to the respondents to revise the pensionary benefits on the basis of the pay arrived at after restoration of the Headmasters higher grade and refixation of pay of the petitioner at Rs.15130/- as on 14.9.2008 and to disburse the arrears of pay and pension to the petitioner within a time frame. 5) To grant cost 6) To grant such other reliefs this Hon'ble Court deem fit and proper in the facts and circumstances of the case.” 4. The learned counsel for the petitioner submitted that for the time being, the petitioner W.P.(C).No.31563 OF 2010 4 would be satisfied, if relief No.(2) is granted. The request is just and reasonable. In the facts and circumstances of the case, the Writ Petition is disposed of as follows: a) The first respondent shall consider and dispose of Ext.P9 representation submitted by the petitioner, as expeditiously as possible and at any rate within a period of three months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner. b) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. K.T.SANKARAN, JUDGE. cms