IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 12TH JANUARY 2009 / 22ND POUSHA 1930 WP(C).No. 1092 of 2009(E) PETITIONER: --------------- K.K. HASSAN, AGED 57 YEARS, S/O. SAIDALAVI, HEADMASTER (RETD), ALUNGAL AMLP SCHOOL, KONDOTTY, RESIDING AT IZZATH MANZIL, KOLONY ROAD, POST KONDOTTY 673 638, MALAPPURAM DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM -14. 3. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM DISTRICT. 4. THE ASSISTANT EDUCATIONAL OFFICER, KONDOTTY, MALAPPURAM DISTRICT. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 1092 OF 2009 E ------------------------------------------------------ Dated this the 12th January, 2009 JUDGMENT The petitioner states that he entered service as Probationary Assistant Teacher on 30.8.1970 and was promoted and appointed as Headmaster with effect from 1.6.1983. The promotion was approved by the Assistant Educational Officer. The petitioner retired from service on 30.4.2007. At the time when the petitioner was promoted and posted as Headmaster on 1.6.1983, he was not allowed the Headmaster's pay scale for want of fifteen years' service. Later, as per G.O.(P)No.127/99/G.Edn. dated 4.6.1999, the petitioner was granted the Headmaster's pay scale with retrospective effect from 1.6.1983. Monetary benefit of the fixation was also allowed with effect from that date. It is stated that on completion of ten years' service as Headmaster, the petitioner was granted higher grade scale of pay from the date of option, namely, 1.8.1993. The petitioner was also granted notionally the Assistant Teachers' Selection Grade for 25 years total service as teacher with effect from 1.8.1996. Consequent refixation in the Headmaster's higher grade scale was also granted. The second higher grade of 20 years' service as Headmaster was denied to the petitioner. It is the contention of the petitioner that the second higher grade is admissible as per the Pay Revision Order dated 16.9.1985 and the Government Orders in force. It is also pointed out that W.P.(C) NO.1092 OF 2009 :: 2 :: the Government passed Ext.P7 order, G.O.MS.55/97/G.Edn. dated 18.2.1997, based on the judgment passed by the High Court. Subsequently, Ext.P8 Government Order dated 4.3.1998 was issued, which, according to the petitioner, is contrary to the letter and spirit of the judgment passed by this Court. Pointing out these anomalies, the petitioner submitted Ext.P11 representation dated 30.3.2007 before the first respondent, one month before his retirement. Ext.P11 is not disposed of so far. Petitioner submitted Ext.P12 reminder dated 3.4.2008. The grievance of the petitioner is that Ext.P11 representation is not disposed of even thereafter. 2. The reliefs prayed for in the Writ Petition are the following: “a) call for the records relating to Exhibit P8 and quash the last para of the same by the issue of a writ of certiorari or other appropriate writ or order; b) issue a writ of mandamus or other appropriate writ order or direction commanding the Respondents to grant Second Higher Grade of Headmaster with effect from 1.8.2003 in terms of 1983, 1988, 1992 and 1997 Pay Revision Orders with monetary benefits from 1.8.2003; c) issue a writ of mandamus or other appropriate writ order or direction commanding the 1st Respondent to effectively consider and pass appropriate orders upon Exhibits P11 and P12 after affording an opportunity of being heard to the petitioner within a time limit; d) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.” W.P.(C) NO.1092 OF 2009 :: 3 :: 3. Learned counsel for the petitioner submits that, for the present, the petitioner would be confining his relief to relief (c) in the Writ Petition with liberty to take up the other contentions as and when it becomes necessary. Learned Government Pleader submitted that Ext.P11 would be disposed of without much delay. In the facts and circumstances of the case, the Writ Petition is disposed of as follows: i) The first respondent shall dispose of Ext.P11 representation dated 30.3.2007, 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. ii) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. (K.T.SANKARAN) Judge ahz/