IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 WP(C).No. 17375 of 2005(R) ---------------------------------- PETITIONER(S): ------------------- K.A. MARY, AGED 29 YEARS, WIFE OF JOJO VICTOR,LOWER PRIMARY SCHOOL ASSISTANT ST. AMBROSE L.P. SCHOOL, EDAVANAKKAD-682 502, (RESIDING AT THEKKEPARAMBIL, NAYARAMBALAM, ERNAKULAM DISTRICT). BY ADVS. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------------- 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KAKKANAD, ERNAKULAM. 3. THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM. 4. THE ASSISTANT EDUCATIONAL OFFICER, VYPIN, ERNAKULAM. 5. THE HEADMISTRESS, ST. AMBROSE L.P. SCHOOL, EDAVANAKKAD-682 502, ERNAKULAM DISTRICT. R1 TO R4 BY GOVT. PLEADER SRI.T.T.MUHAMMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.17375 Of 2005 ----------------------------------------------------- DATED THIS THE 3rd DAY OF MARCH, 2011 J U D G M E N T The petitioner is working as Lower Primary School Assistant. The Writ Petition was filed mainly to quash Exhibits P2 and P6 and to declare that the order of the Headmaster sanctioning for increment from 17.7.2002 and next increment from 1.7.2003 as per Exhibit P1 is legal and valid. 2. The learned Government Pleader brought to my notice the statement given by the Deputy Director of Education. It is mentioned therein that the stand taken by the 2nd respondent is not correct and the provision in Rule 6 of Chapter XIV-A KER is applicable to the petitioner. It is thus informed that the declaration of completion of probation with effect from 16.7.2002 by the Manager and the sanctioning of first increment from 17.7.2002 and second increment from 1.7.2003 is admissible. 3. In that view of the matter, the petitioner is entitled to succeed in the Writ Petition. Exhibits P2 and P6 are quashed. The increments granted will be treated as regular. The monetary benefits, if any, will be disbursed to the petitioner without delay. The Writ Petition is disposed of as above. Sd/-( T.R.RAMACHANDRAN NAIR, JUDGE) dsn True copy P.A.to Judge