IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 OP.No. 21292 of 1999(I) -------------------------------- PETITIONER: ------------------- S. JAMALUDEEN KUTTY, S/O. SHAHUL HAMEED, EXCISE GUARD, EXCISE RANGE OFFICE, PATHANAPURAM TALUK, PUNALUR. BY ADV. SRI.M.V.THAMBAN. RESPONDENTS: ------------------------ 1. THE ASSISTANT EXCISE COMMISSIONER, KOLLAM. 2. COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. 3. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 4. ASSISTANT EDUCATIONAL OFFICER, CHADAYAMANGALAM. 5. ASSISTANT EDUCATIONAL OFFICER, KUNDRA, KOLLAM DISTRICT. 6. THE DEPUTY DIRECTOR (EDUCATION), KOLLAM. R1 TO R6 BY GOVERNMENT PLEADER SMT. K.R. DEEPA. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 12/01/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 21292/1999-I: ORDER ON C.M.P. NO. 35160/1999 IN O.P. NO. 21292/1999-I CLOSED 12/01/2009. SD/- S. SIRI JAGAN, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER NO. A4-3731/92 DTD. 30/01/92. EXT.P.2: COPY OF THE REPRESENTATION DTD. 07/06/99. EXT.P.3: COPY OF THE LETTER NO. Q3-1289/99/L. DIS. DTD. 04/08/99. EXT.P.4: COPY OF THE G.O. (P).944/86/ (117)/FIN. DTD. 24/12/86. EXT.P.5: COPY OF THE GO.(P).NO.483/95/ (46)/FIN. DTD. 08/08/95. EXT.P.6: COPY OF THE ORDER NO. 03-321/99/K. DIS. DT. 15/03/99. EXT.P.7: COPY OF THE ORDER 03/202/97/K. DIS. DTD. 07/04/97. EXT.P.8: COPY OF THE G.O. (RT).NO.1891/05/G. EDN. DT. 10/05/2005. EXT.P.9: COPY OF THE ORDER NO. A4/9658/05 DT. 20/05/05 ISSUED BY THE R.6. EXT.P.10: COPY OF THE ORDER NO. E/3431/05/K. DIS. DT. 07/10/05 ISSUED BY THE ASST. EDUCATIONAL OFFICER, CHADAYAMANGALAM. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. S.SIRI JAGAN, J. ================== O.P.No.21292 of 1999 ================== Dated this the 12th day of January, 2009 J U D G M E N T After putting in broken periods of service as an aided LP school Assistant, for the periods from 16.7.1981 to 9.6.85, the petitioner joined the Education Department of the Government of Kerala as a PD teacher on 10.6.1985, on being advised by the PSC for the purpose. Subsequently, the petitioner was advised by the PSC and appointed as Excise Guard and for joining that post, the petitioner was relieved from duty of the Education Department by Ext.P1 order dated 30.1.1992. The petitioner submitted an application seeking higher grade taking into account the past service as a teacher, which was rejected by Ext.P3 on the ground that since the scale of pay of the PD Teacher was higher than that of the Excise Guard, the same cannot be considered for the purpose of grant of higher grade in the post of Excise Guard. Thereafter, the petitioner requested for reversion to the parent Department as a PD Teacher. The same was allowed by Ext.P8. In that order it was specifically stated that the petitioner will get all service benefits like increment, promotion etc. had he continued in the General Education Department as a PD Teacher. Thereafter, the petitioner was promoted as Headmaster on 5.8.2005. Consequently the petitioner's pay at various stages was fixed by Ext.P10 order. In o.p.21292/99 2 the same, time bound grade promotion for 10 years as well as as time bound grade promotion for 18 years were sanctioned. Fixation of pay under Rule 28A in the post of Headmaster was also sanctioned. However, in Ext.P10 order, it has been stated that arrears of pay will be paid only from 18.5.2005. The petitioner submits that this is illegal and unsustainable. According to the petitioner, after having fixed the petitioner's pay at various stages including time bound grade promotions for 10 years and 18 years, arrears of pay cannot be restricted from 18.5.2005. (Although the petitioner originally filed the original petition against orders rejecting the higher grade, because of subsequent developments, he amended the original petition and he now confines his relief only for the arrears of monetary benefits also pursuant to Ext.P10). 2. Although a statement has been filed, the same was filed prior to the amendment of the original petition challenging Ext.P10 order. No counter affidavit has been filed in respect of the claim of the petitioner for arrears of salary in accordance with Ext.P10 pay fixation order. 3. I have heard the counsel for the petitioner. 4. After having fixed the pay of the petitioner at various stages granting time bound grade promotions also, on the basis of Ext.P8, I do not find any reason to restrict arrears of pay from o.p.21292/99 3 18.5.2005. No reason for the same is also mentioned in Ext.P10. Therefore, that part of Ext.P10, whereby arrears of pay pursuant to the fixation of pay by Ext.P10 is restricted from 18.5.2005 is hereby quashed. The respondents are directed to pass revised orders in accordance with the above directions and pay to the petitioner the arrears of salary on account of Ext.P10 fixation from the respective dates from which pay has been so fixed, as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment. The original petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge o.p.21292/99 4 S.SIRI JAGAN, J. =============== O.P.No.21292 of 1999-I =============== J U D G M E N T 12th January, 2009