IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 11TH NOVEMBER 2011 / 20TH KARTHIKA 1933 WP(C).No. 30098 of 2011(J) --------------------------------------- PETITIONER(S): ----------------------- SANDHYA A., W/O.VIJAYAMADHAVAN.P., MADHAVAM, VELLILA P.O., MANKADA VIA., MALAPPURAM 679324 (HIGH SCHOOL ASSISTANT (PHYSICAL SCIENCE), MALABAR SPECIAL POLICE (MSP) HIGHER SECONDARY SCHOOL, MALAPPURAM. BY ADVS. SRI.S.SUBHASH CHAND SMT.V.AJITHA RESPONDENT(S): ---------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETAY, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE DEPUTY DIRECTOR (EDUCATION), OFFICE OF THE DEPUTY DIRECTOR (EDUCATION), MALAPPURAM-676505. 3. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM-676505. 4. THE MANAGER MALABAR SPECIAL POLICE(MSP) HIGHER SECONDARY SCHOOL, MALAPPURAM-676505. 5. V.P. ANILKUMAR, HIGH SCHOOL ASSISTANT (SOCIAL STUDIES), MSP HIGHER SECONDARY SCHOOL, MALAPPURAM-676505. 6. P. BHAGYALAKSHMI, HIGH SCHOOL ASSISTANT (HINDI), MSP HIGHER SECONDARY SCHOOL, MALAPPURAM-676505. 2/- -2- W.P.(C) NO.30098/2011 7. M. KRISHNAPRASAD, HIGH SCHOOL ASSISTANT (MATHS), MSP HIGHER SECONDARY SCHOOL, MALAPPURAM-676505. 8. V.R. RESMI, HIGH SCHOOL ASSISTANT (MATHS), MSP HIGHER SECONDARY SCHOOL, MALAPPURAM-676505. R1 TO R3 GOVT. PLEADER SRI. M.A. FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: NS W.P.(C) NO.30098/2011 APPENDIX PETITIONER(S) EXHIBITS EXT.P1 : TRUE COPY OF THE APPOINTMENT ORDER DATED 24/11/2000. EXT.P2 : TRUE COPY OF THE APPOINTMENT ORDER DATED 16/7/2001. EXT.P3 : TRUE COPY OF THE APPOINTMENT ORDER OF RESPONDENT NO.5. EXT.P4 : TRUE COPY OF THE APPOINTMENT ORDER OF RESPONDENT NO.6. EXT.P5 : TRUE COPY OF THE APPOINTMENT ORDER INDICATING THE COMMENCEMENT OF REGULAR SERVICE OF RESPONDENT NO.7 IN THE CADRE OF HIGH SCHOOL ASSISTANT. EXT.P6 : TRUE COPY OF THE APPOINTMENT ORDER INDICATING THE COMMENCEMENT OF REGULAR SERVICE OF RESPONDENT NO.8 IN THE CADRE OF HIGH SCHOOL ASSISTANT. EXT.P7 : TRUE COPY OF THE ORDER DATED 6/3/2010 BY WHICH THE PAY WAS REVISED WITHOUT THE WEIGHTAGE OF ONE INCREMENT BY RESPONDENT NO.3. EXT.P8 : TRUE COPY OF THE STATEMENT OF FIXATION OF PAY IN THE REVISED SCALE OF THE PETITIONER FIXING THE BASIC SALARY AT RS.17420/- WITH EFFECT FROM 1/7/2009. EXT.P9 : TRUE COPY OF THE STATEMENT OF FIXATION OF PAY IN THE REVISED SCALE OF RESPONDENT NO.5. EXT.P9(a) : TRUE COPY OF THE STATEMENT OF FIXATION OF PAY IN THE REVISED SCALE OF RESPONDENT NO.5. EXT.P10 : TRUE COPY OF THE STATEMENT OF FIXATION OF PAY IN THE REVISED SCALE OF RESPONDENT NO.6. EXT.P10(a): TRUE COPY OF THE STATEMENT OF FIXATION OF PAY IN THE REVISED SCALE OF RESPONDENT NO.6. EXT.P11 : TRUE COPY OF THE STATEMENT OF FIXATION OF PAY IN THE REVISED SCALE SANCTIONED TO RESPONDENT NO.7. EXT.P12 : TRUE COPY OF THE STATEMENT OF FIXATION OF PAY IN THE REVISED SCALE SANCTIONED TO RESPONDENT NO.8. EXT.P12(a) : TRUE COPY OF THE STATEMENT OF FIXATION OF PAY IN THE REVISED SCALE SANCTIONED TO RESPONDENT NO.8. 2/- -2- W.P.C.NO.30098/2011 EXT.P13 : TRUE COPY OF THE RELEVANT PAGES OF THE AQUITTANCE ROLL FOR THE MONTH OF APRIL 2005 AND JULY 2009. EXT.P13(a) : TRUE COPY OF THE RELEVANT PAGES OF THE AQUITTANCE ROLL FOR THE MONTH OF APRIL 2005 AND JULY 2009. EXT.P13(b) : TRUE COPY OF THE RELEVANT PAGES OF THE AQUITTANCE ROLL FOR THE MONTH OF APRIL 2005 AND JULY 2009. EXT.P14 : TRUE COPY OF THE RELEVANT PAGES OF THE AQUITTANCE ROLL FOR THE MONTH OF APRIL 2005 AND JULY 2009. EXT.P14(a) : TRUE COPY OF THE RELEVANT PAGES OF THE AQUITTANCE ROLL FOR THE MONTH OF APRIL 2005 AND JULY 2009. EXT.P15 : TRUE COPY OF THE REPRESENTATION DATED 4/10/2011 SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT NO.3. EXT.P16 : TRUE COPY OF THE REPRESENTATION DATED 24/10/2011 BEFORE THE RESPONDENT NO.3. RESPONDENTS' EXHIBITS : NIL /TRUE COPY/ P.S.TO JUDGE NS T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 30098 of 2011-J - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 11th day of November, 2011. JUDGMENT The substantial relief sought for by the petitioner is for grant of the benefit of stepping up of her pay, after considering the scale of pay sanctioned to respondents 5 to 8 herein. The petitioner has explained as to how the difference in pay has occurred. 2. Detailed representations have been forwarded by the petitioner, to the District Educational Officer, viz. the third respondent, to look into the matter. It is prayed that the same may be directed to be considered within a time frame. 3. Apparently this is a case where during the subsequent pay revision also, the petitioner is getting a lesser pay than respondents 5 to 8. This is a matter for the third respondent to consider. 4. Since the petitioner has already approached the third respondent, there will be a direction to the third respondent to consider and pass orders on Exts.P15 and P16 with notice to the petitioner and any other affected parties, within a period of two months from the date of receipt of a copy of pc 30098/2011 2 this judgment. The petitioner will forward a copy of this judgment along with a copy of the writ petition before the third respondent for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/