IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 23RD DECEMBER 2009 / 2ND POUSHA 1931 WP(C).No. 37344 of 2009(K) -------------------------- PETITIONER(S): --------------- C.K. SAROJINI, HIGH SCHOOL ASSISTANT (URDU), GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, P.O. CHIRAKKARA, THALASSERY, KANNUR DIST. BY ADV. SRI.P.M.PAREETH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT (F) GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR OF EDUCATION, KANNUR. 3. PRINCIPAL GOVERNMENT, VOCATIONAL HIGHER SECONDARY SCHOOL, P.O. CHIRAKKARA, THALASSERY, KANNUR DIST. SENIOR GOVERNMENT PLEADER, SHRI MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.37344/2009-K ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 23rd day of December, 2009 J U D G M E N T The petitioner is working as a High School Assistant (Urdu) in the Government Vocational Higher Secondary School, Chirakkara in Thalassery. 2. The subject matter of the dispute is regarding the audit objection in respect of 2004 pay revision. It is provided in clause 5(1) of per Annexure-II of the pay revision order that service weightage to the pay so fixed, one increment for each completed four years of service, subject to a maximum of four increments in the revised scale, will be added. Ext.P1 is the copy of the relevant portion of the said Government Order. Based on the option submitted by the petitioner, pay fixation statement was approved as per Ext.P2 giving the benefit of three increments as service weightage for 13 years of service, of which nine years was as a Part-time Teacher. This is objected to by the audit, as per Ext.P3. The petitioner mainly contends that in the light of the specific provisions in Ext.P1 pay revision order, the audit objection cannot be sustained. 3. In these circumstances, the petitioner has already moved the Government as per Exts.P4 and P5 to waive the W.P.(C). No.37344/2009 -:2:- audit objection. Being aggrieved by the delay in the Government taking a decision, this writ petition has been filed. It is also prayed that the steps for recovery of the amount shall also be kept in abeyance till a decision is taken in the matter. 4. As it is pointed out that the pay revision order 2004 allows weightage, there will be a direction to the Government to take a decision on Exts.P4 and P5 in terms of the pay revision order and the Annexures thereto. Appropriate orders shall be passed within four months from the date of receipt of a copy of this Judgment and after hearing the petitioner. Till then, implementation of Ext.P3 will be kept in abeyance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms