IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 WP(C).NO. 26420 OF 2008(T) -------------------------- PETITIONER: --------------- E.SOBHANA, AGED 49 YEARS, W/O.RAVINDRAN, JUNIOR HINDI TEACHER, M.A.M.U.P.SCHOOL, ARAKKAL, VENGARA SUB DISTRICT,MALAPPURAM DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM DISTRICT. 3. THE ASSISTANT EDUCATIONAL OFFICER, VENGARA, MALAPPURAM DISTRICT. 4. THE HEADMASTER, M.A.M.U.P.SCHOOL, ARAKKAL, VENGARA SUB DISTRICT, MALAPPURAM DISTRICT. BY GOVT.PLEADER SMT.RANI DIOTHIMA FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)NO.26420/08 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF STATEMENT OF FIXATION OF PAY. EXT.P2: TRUE COPY OF EXTRACT OF THE OBJECTION OF THE ASSISTANT EDUCATIONAL OFFICER, VENGARA. EXT.P3: TRUE COPY OF LETTER NO.F4/9746/08 OF THE DEPUTY DIRECTOR OF EDUCATION DT.17.5.08.. EXT.P4: TRUE COPY OF DECISION REPORTED IN 2002(1) KLT 157 DT.19.10.01.. EXT.P5: TRUE COPY OF ANNEXURE III OF G.O.(P)NO.600/1993/FIN. OF THE GOVERNMENT DT.25.9.93. EXT.P6: TRUE COP OF ANNEXURE III OF G.O.(P)NO.3000/98/FIN. OF THE GOVERNMENT DATED 25.11.98. EXT.P7: TRUE COPY OF CIRCULAR NO.59151/J2/2000/G.EDN. OF THE GOVERNMENT DT.17.5.02. EXT.P8: TRUE COPY OF JUDGMENT OF THIS COURT IN OP.23261/98-T DT.10.12.01. EXT.P9: TRUE COPY OF CIRCULAR NO.15943/B2/95/G.EDN. OF THE GOVERNMENT DT.19.6.98. EXT.P10: TRUE COPY OF CIRCULAR NO.F4/28516/98 OF THE GOVERNMENT DT.19.3.99. EXT.P11: TRUE COPY OF LETTER NO.604/K4/2001/G.EDN. OF THE GOVERNMENT DT.21.4.01. EXT.P12: TRUE COPY OF JUDGMENT OF THIS COURT IN W.P.(C)NO.20914/03-M. EXT.P13: TRUE COPY OF JUDGMENT OF THIS COURT IN W.P.(C)NO.10482/04 DT.1.9.06. EXT.P14: TRUE COPY OF JUDGMENT OF THIS COURT IN W.P.(C)NO.35325/05 DT.6.10.06. EXT.P15: TRUE COPY OF JUDGMENT OF THIS COURT IN W.P.(C)NO.17135/06-M EXT.P16: TRUE COPY OF JUDGMENT OF THIS COURT IN W.P.(C)NO.21604/06. EXT.P17: TRUE COPY OF INTERIM ORDER OF THIS COURT IN W.P.(C)NO.20539/08 EXT.P18: TRUE COPY OF CIRCULAR NO.26790/J2/07/G.EDN. OF THE GOVERNMENT. EXT.P19: TRUE COPY OF JUDGMENT OF THIS COURT IN W.P.(C)NO.25435/08-C TRUE COPY P.A.TO JUDGE T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.26420 Of 2008-T -------------------------------------------------- DATED THIS THE 20th DAY OF JUNE, 2011 J U D G M E N T The petitioner herein is a Junior Hindi Teacher working in M.A.M.U.P.School, Arakkal. The pay of the petitioner was fixed at Rs.4600/- with effect from 1.8.1997 in the scale of Rs.4000-6090 in the 1998 pay revision on a par with that of his junior Smt.E.Rajamma, as per Exhibit P1. The same was objected to by the Deputy Director of Education in the light of Exhibit P7 circular dated 17.5.2002. Exhibit P2 is the objection thus raised. According to the petitioner, the circular is not applicable in the case of the petitioner since the pay of petitioner was fixed before the issuance of the same. 2. The Writ Petition is filed seeking to quash Exhibits P2 and P3 and to grant a declaration that Exhibit P1 is legal and valid. 3. The learned counsel for the petitioner submitted that Exhibit P7 circular was interpreted by this Court in the judgment in W.P.(C)No.20914/2003 and connected cases that the said W.P.(C)No.26420/08 -2- circular is contrary to the pay revision order 1998 and the same was quashed. In the light of the above judgment, the Government has issued Exhibit P18 circular dated 23.6.2009. The learned counsel for the petitioner therefore prayed that the authorities may be directed to pass a fresh order in the light of Exhibit P18 circular. 4. There will be a direction to the 2nd respondent to reconsider the matter in the light of Exhibit P18 circular No.26790/07/G.Edn.dated 23.6.2009 produced along with I.A.No.15989/2010. The same shall be done within a period of two months from the date of receipt of a copy of this judgment. The petitioner shall produce the circular along with a representation. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn