IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 WP(C).No. 26147 of 2004(K) -------------------------- PETITIONER: ------------ P.P.RITA, W/O. POULOSE, HEADMISTRESS (RETD.), ST.MARY'S U.P.SCHOOL, KAROOR (RESIDING AT PAYYAPPILLY HOUSE), P.O. KARUKUTTY-683 526, (VIA) ANGAMALY, ERNAKULAM DISTRICT. BY ADV. SRI.P.K.ABOOBACKER(EDAPPALLY) RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE ACCOUNTANT GENERAL (A & E), KERALA, TRIVANDRUM. 3. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR. 4. THE ASSISTANT EDUCATIONAL OFFICER, MALA, THRISSUR DISTRICT. 5. THE HEADMISTRESS, ST.MARY'S U.P. SCHOOL, KAROOR, P.O. KAROOR, (VIA) CHALAKKUDY, THRISSUR DISTRICT. BY ADV. SRI.P.K.MOHAMMED PUZHAKKARA, ADDL.CGSC G.P. SHRI.T.T.MUHAMOOD. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P(C).No. 26147/04. APPENDIX PETITIONER'S EXHIBITS: P1. COPY OF THE GOVT. ORDER DTD.19.4.1996. P2. COPY OF THE GOVT. ORDER DTD.8.11.74. P3. COPY OF THE CIRCULAR DTD.10.4.96. P4. COPY OF THE ORDER DTD.2.11.00 BY R4. P5. COPY OF THE ORDER DTD.27.3.00 BY R3. P6. COPY OF THE LETTER DTD.30.11.00 BY R3. P7. COPY OF THE REPRESENTATION DTD.5.12.01 BEFORE R3. P8. COPY OF THE LETTER DTD.23.9.03 REJECTING THE REQUEST OF THE PETITIONER. Sdk+ ///True copy/// P.A. to Judge. S.SIRI JAGAN, J. ====================== W.P.(C).No. 26147 of 2004 ====================== Dated this the 2nd day of January, 2008 J U D G M E N T The petitioner retired from service on 31.3.1999, while working as headmistress in St.Mary's U.P. School, Karoor in Thrissur District. She was granted headmaster's scale. She was also granted notional fixation of selection grade on completion of 25 years of service with effect from 25.8.1997. Thereafter, the petitioner exercised re-option in the selection grade with effect from 1.10.1997 instead of 25.8.1997, in terms of Ext.P1 Government order. The petitioner contends that by Ext.P2 Government order the teachers who became eligible for grade promotion on or after 1.7.1973 based on length of service will be given the right of option to elect any date for the grade promotion subsequent to the date on which they complete 12/15 years of service for grade promotion. It is further submitted that by Ext.P3 order, the Government had clarified that Ext.P2 order is still in force. Based on Exts.P1 to P3 orders, the 4th respondent fixed the pay of the petitioner with effect from 1.10.1997 giving notional fixation of pay in the selection grade to the petitioner. This was objected to by the third respondent by Exts. P5 and P6 objections. The petitioner filed Ext.P7 reply to those objections. However, the 1st respondent, by Ext.P8 order, confirmed the objections raised by the third respondent. The petitioner is challenging Exts. P5 and P6 audit objections and Ext.P8 order, in this writ petition. 2. The learned Government Pleader submits that the Government orders relied on by the petitioner are applicable only to regular grade promotions and not to notional fixation of pay in the post of senior grade/selection grade. He relies on the Government letter No.97172/PRC-C3/2000/Fin. dated 18.6.2001 addressed to the DPI, in this respect. According to him, in view of the said circular, the petitioner is not entitled for the relief sought for in the writ petition. 3. I have considered the rival contentions in detail. 4. The claim raised by the petitioner is in respect of the notional fixation of pay in the post of senior grade/selection grade to headmasters. She originally opted 25.8.1997 as the date for fixation of pay. She has changed that date of option to 1.10.1997, which was accepted by the 4th respondent. This is objected to in Exts.P5 and P6. In the Government letter referred to above, relied on by the Government Pleader, it is specifically stated thus: “As per G.O(P) 1811/99/(58)/Fin. dated 15-9-1999 option facility has not been provided for notional fixation of a pay in the post of Senior Grade/Selection Grade to Headmasters. Hence I am to request you to take necessary steps for the correct regulation of pay of Headmasters who got notional fixation of pay in the post of Senior Grade/Selection Grade in the light of Government Order dated 15-9- 1999.” As per the above Government letter, for notional fixation of pay consequent to grant of selection grade, re-option is clearly not permissible. The subject of that Government letter specifically mentions that the same is in respect of regulation of pay in respect of selection grade sanctioned after having been promoted as Headmasters, which is the exact situation in the petitioner's case. That Government letter is not under challenge before me. In view of the above Government letter the petitioner's contentions are not sustainable and therefore, the challenge against Exts. P5, P6 and P8 fails. Accordingly, the writ petition is dismissed. Sd/- sdk+ S.SIRI JAGAN, JUDGE