IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 4TH JULY 2011 / 13TH ASHADHA 1933 WP(C).No. 17910 of 2011(K) -------------------------- PETITIONER: --------------- 1. ASSAN.K.T,S/O.K.P.KUNJALI,AGD 43 YEARS, LOWER PRIMARY SCHOOL ASSISTANT, A.R.NAGAR HIGH SCHOOL,CHANDAPURAYA A.R.NAGAR.P.O,MALAPPURAM DISTRICT. 2. ABDUL RASHEED.P.P,JUNIOR HINDI TEACHER, A.R.NAGAR HIGH SCHOOL,CHANDAPURAYA,A.R.NAGAR.P.O, MALAPPURAM DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA,REPRESENTED BY ITS SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM-695001. 2. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM,POST MALAPPURAM-676519. 3. THE DISTRICT EDUCATIONAL OFFICER, WANDOOR,MALAPPURAM DISTRICT-679328. 4. THE MANAGER,A.R.NAGAR HIGH SCHOOL, CHANDAPURAYA,A.R.NAGAR.P.O, MALAPPURAM DISTRICT-676305. BY GOVT.PLEADER SHRI V.VIJULAL FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.17910/11 PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE ORDER NO.F4/36994 OF THE DEPUTY DIRECTOR AND RELEVANT PAGE OF THE AUDIT OBJECTION DT.1.1.09. EXT.P2 : COPY OF THE RECTIFICATION REPORT OF THE HEADMASTER(1ST PETITIONER) DT.NIL. EXT.P3 : COPY OF THE RECTIFICATION REPORT OF THE HEADMASTER(2ND PETITIONER) EXT.P4 : COPY OF THE ORDER NO.F4/36994/08 OF THE DEPUTY DIRECTOR DT.9.5.11. EXT.P5 : COPY OF THE CIRCULAR NO.65048/J2/2000/G.EDN. OF THE GOVERNMENT DT.17.1.01. EXT.P6 : COPY OF THE REPRESENTATION FILED BY THE 1ST PETITIONER BEFORE THE GOVERNMENT DT.28.5.11. EXT.P7 : COPY OF THE REPRESENTATION FILED BY THE 2ND PETITIONER BEFORE THE GOVERNMENT DT.28.5.11. EXT.P8 : COPY OF THE GO(RT)NO.5348/-05/G.EDN. OF THE GOVERNMENT. RESPONDENT'S EXHIBITS: //TRUE COPY// P.A. TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.17910 Of 2011 -------------------------------------------------- DATED THIS THE 4TH DAY OF JULY, 2011 J U D G M E N T Both the petitioners are aggrieved by the audit objection with regard to the fixation of scale of pay. The revision of increment and pay fixation was effected on 15.5.2006 as far as the petitioners are concerned, who are working as LPSA as well as Junior Hindi Teacher in the school managed by the 4th respondent. 2. It is pointed out that the audit objection cannot survive in the light of the various decisions of this Court which have been mentioned in paragraph No.5 of the Writ Petition, wherein it has been held that because of change in the scale of pay due to pay revision, the incumbents cannot be denied the benefits as are applicable in terms of the statutory Rules. The petitioners rely upon various other judgments also. 3. The petitioners have pointed out that in the light of the implementation of 2009 pay revision, the last date for submitting option is 25.8.2011. The petitioners have already filed Exhibits W.P.(C)No.17910/11 -2- P6 and P7 representations against Exhibit P1 and P4 before the Government. 4. There will be a direction to the Government to take a decision on Exhibits P6 and P7 representations filed by the petitioners after hearing the petitioners within a period of three months from the date of receipt of a copy of this judgment. Till the disposal of the same, further action pursuant to Exhibits P1 and P4 will be kept in abeyance. The petitioners will forward a copy of the Writ Petition along with a copy of this judgment to the Government for compliance. The Writ Petition is disposed of as above. SD/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn