IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 25TH NOVEMBER 2010 / 4TH AGRAHAYANA 1932 WP(C).No. 8207 of 2010(A) PETITIONER: --------------- P.R.SASIKUMAR, S/O.SIVARAMA PANICKER, PATTARODATH KIZHAKKETHIL, KURATTISSERY, MANNAR, MAVELIKKARA, (PEON, N.S.HIGH SCHOOL FOR GIRLS, MANNAR). BY ADV. SRI.S.SUBHASH CHAND SMT.M.P.MARY RESPONDENTS: --------------- 1. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION(N) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, MAVELIKKAR. 3. THE MANAGER, N.S.HIGH SCHOOL FOR GIRLS, MANNAR. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER OF APPOINTMENT DATED 1.3.1995 ISSUED BY RESPONDENT NO.5 AND APPROVED BY RESPONDENT NO.4. EXT.P2 TRUE COPY OF THE ORDER OF APPOINTMENT DATED 2.8.1999 ISSUED BY RESPONDENT NO.5. EXT.P3 TRUE COPY OF THE ORDER BEARING NO.B4/8177/03/L.DIS. DATED 6.2.2004 ISSUED BY RESPONDENT NO.4. EXT.P4 TRUE COPY OF THE STATEMENT OF FIXATION OF PAY OF SRI.K.R.SANKARA PILLAI, PEON, NSS HS MANNAR. EXT.P5 TRUE COPY OF THE ORDER DATED 5.12.2006 PASSED BY RESPONDENT NO.1. EXT.P6 TRUE COPY OF THE JUDGMENT DATED 14.7.2008 THUS PASSED BY THIS COURT IN W.P.(C) NO.15902 OF 2007. EXT.P7 TRUE COPY OF THE RETROSPECTIVE STATEMENT OF FIXATION OF PAY OF THE PETITIONER IN THE CADRE OF PEON DATED 18.11.2008 PASSED BY RESPONDENT NO.2. EXT.P8 TRUE COPY OF THE RELEVANT PORTION OF THE ACQUITTANCE ROLL RELATING TO FEBRUARY 2010. EXT.P9 TRUE COPY OF THE PAY REVISION ORDER ALONG WITH ANNEXURES 1 AND 2. EXT.P10 TRUE COPY OF THE REPRESENTATION DATED 5.1.2009 THUS SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.1 (EXCLUDING THE ENCLOSURES). EXT.P11 TRUE COPY OF THE ORDER DATED 5.8.2009 PASSED BY RESPONDENT NO.1 AND COMMUNICATED TO RESPONDENT NO.2. EXT.P12 TRUE COPY OF THE ORDER DATED 10.12.2009 ISSUED BY THE FIRST RESPONDENT. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 8207 OF 2010 A ------------------------------------------------------ Dated this the 25th day of November, 2010 JUDGMENT The petitioner challenges in this Writ Petition Ext.P11 order dated 5.8.2009 passed by the first respondent and Ext.P12 consequential order dated 10.12.2009 passed by the District Educational Officer, Mavelikara. 2. For the sake of convenience, Ext.P11 order is quoted below: “Sub:-General Education Department - Pay Revision-04, Reoption request- Sri.P.K.Sasikumar, Peon, NSHS Mannar- reg- Ref:-Your letter No.B4/897/09 dated 28.03.2009. Referring to the above I am to inform you that the petitioner's request to accord sanction for re-option for 2004 Pay Revision and for the higher grade with effect from 01.04.2005 cannot be agreed to as per Rule 16 Annexure 2 of Pay Revision Order 2004. W.P.(C) NO.8207 OF 2010 A :: 2 :: You are also requested to report whether any Writ Appeal had been filed against the Judgment in WP(C) No.15902/07 (R) dated 14.07.2008 as the judgment is against the provisions contained in para 47 of G.O.(P) No.3000/98/Fin dated 25.11.98. If not, please furnish a detailed statement for filing Writ Appeal against the judgment.” 3. The judgment in W.P.(C) No.15902 of 2007 is reported in 2008(4) KLT 35 (P.Sasikumar v. State of Kerala). After the judgment, the Deputy Secretary to the Government was not justified in making remarks as made in Ext.P11. Ext.P11 order is, therefore, quashed. The first respondent shall consider the matter afresh 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 and also in the light of the decision in 2008(4) KLT 35. Since Ext.P11 order is quashed, the consequential order, namely, Ext.P12, also would stand quashed. The Writ Petition is allowed as above. (K.T.SANKARAN) Judge ahz/