IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 14TH DECEMBER 2011 / 23RD AGRAHAYANA 1933 WP(C).No. 31756 of 2011(T) -------------------------- PETITIONER: --------------- AJITHA R.NAIR, HIGH SCHOOL ASSISTANT, N.S.S.HIGHER SECONDARY SCHOOL, MANICKAMANGALAM, ERNAKULAM DISTRICT. BY ADV. SRI.C.S.GOPALAKRISHNAN NAIR RESPONDENT(S): ------------------ 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION (A) DEPARTMENT, THIRUVANANTHAPURAM-695 001. 3. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695 011. 4. DISTRICT EDUCATIONAL OFFICER, OTTAPALAM 679 101. 5. DISTRICT EDUCATIONAL OFFICER, ALWAYE-683 101. 6. THE DISTRICT EDUCATIONAL OFFICER, KANNUR 670 001. BY SR.GOVERNMENT PLEADER SHRI M.A.FAYAZ FOR R1-6 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No. 31756/11 PETITIONER(S) EXHIBITS EXT.P1 : TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER ALONG WITH THE ORDER OF APPROVAL. EXT.P2 : TRUE COPY OF THE OPTION FOR PAY FIXATION SUBMITTED BY THE PETITIONER ON 18.7.2007. EXT.P3 : TRUE COPY OF THE PAY FIXATION STATEMENT SUBMITTED BY THE PETITIONER TO THE 6TH RESPONDENT. EXT.P4 : TRUE COPY OF THE LETTER NO.B1/6816/07 DTD.16.10.07 ISSUED BY THE DISTRICT EDUCATIONAL OFFICER, KANNUR. EXT.P5 : TRUE COPY OF THE G.P.(P)145/06 DTD.25.3.06. EXT.P6 : TRUE COPY OF THE REPRESENTATION DTD.....2.08 SUBMITTED TO THE DEPUTY DIRECTOR OF EDUCATION, KANNUR. EXT.P7 : TRUE COPY OF THE REPRESENTATION DTD.2.12.09 SUBMITTED BY THE PETITIONER TO THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. EXT.P8 : TRUE COPY OF THE LETTER NO.D5/28829/09 L.DIS. DTD.28.12.09 ISSUED BY THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. EXT.P9 : TRUE COPY OF THE LETTER NO.R3-24716/10/DPI L.DIS., DTD.16.6.10 ISSUED BY THE 3RD RESPONDENT. EXT.P10: TRUE COPY OF THE REPRESENTATION DTD.27.7.2010 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P11: TRUE COPY OF THE REPRESENTATION DTD.5.1.2011 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P12: TRUE COPY OF THE REPORT NO.B1/543/2011 DTD.1.2.2011 SUBMITTED BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT. EXT.P13: TRUE COPY OF THE LETTER NO.72129/A1/2010/G-EDN. DTD.19.4.2011 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT. EXT.P14: TRUE COPY OF THE LETTER NO.B3/3076/2010 DTD.23.5.2011 SUBMITTED BY THE 5TH RESPONDENT TO THE 2ND RESPONDENT. EXT.P15: TRUE COPY OF THE LETTER NO.B1/3103/2011 DTD.21.7.2011 ISSUED BY THE 4TH RESPONDENT. EXT.P16: TRUE COPY OF THE REPRESENTATION DTD.6.9.2011 SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE CHIEF MINISTER OF KERALA TO HIS PUBLIC GRIEVANCE REDRESSAL CELL (SUTHARYA KERALAM). EXT.P17: TRUE COPY OF THE REPLY LETTER NO.12842/CMPGRC/SK/2011/GAD DTD.20.9.2011 ISSUED TO THE PETITIONER FROM THE OFFICE OF THE PUBLIC GRIEVANCE REDRESSAL CELL (SUTHARYA KERALAM). W.P.(C)No. 31756/11 EXT.P18: TRUE COPY OF THE LETTER NO.B13-8768/11 DTD.15.10.2011 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER. EXT.P19 : TRUE COPY OF THE REPRESENTATION DTD.21.10.2011 SUBMITTED BY THE PETITIONER BEFORE THE CHIEF MINISTER'S PUBLIC GRIEVANCES REDRESSAL CELL. RESPONDENTS' EXHIBITS : ANNEXURE R5(A): COPY OF LETTER ISSUED BY THE 5TH RESPONDENT DT.23.5.11. TRUE COPY P.A.TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.31756 of 2011 -------------------------------------------------- DATED THIS THE 14th DAY OF DECEMBER, 2011 JUDGMENT The main prayer in the Writ Petition is for a direction to respondents 3 and 5 to fix the pay of the petitioner as High School Assistant with effect from 27.6.2006 after giving benefit under Rule 28A of Part I KSR and grant all consequential benefits including arrears within a stipulated period. 2. The petitioner herein is already working as High School Assistant in the NSS Higher Secondary School, Manickamangalam in Ernakulam District. The delay in implementing Exhibit P13 is the complaint raised in the Writ Petition. 3. By Exhibit P13, the Secretary to Government, General Education (A) Department, informed the District Educational Officer, Otappalam that the petitioner is eligible to get fixation benefit under Rule 28A of Part I KSR on the promotion as High School Assistant from UPSA. Copy of the same is addressed to the District Educational Officer, Aluva also. Thereafter, the District Educational Officer,Aluva sought for certain clarifications W.P.(C)No.31756/11 -2- in the matter and the disbursement of the benefits got delayed. 4. In the statement filed by the District Educational Officer, Aluva, it is mentioned that by Exhibit R5(a), clarification has been sought from the Government and the reply is awaited. It is submitted in paragraph No.7 of the statement that as and when requisite clarification is received, the issue with regard to the grant of benefits under Rule 28A of Part I KSR can be granted to the petitioner. 5. The learned counsel for the petitioner produced before me for perusal, a copy of the letter No.32576/A2/2011/GE dated 1.12.2011 issued by the Under Secretary to Government, General Education(A)Department, which is in reply to the clarification sought by the District Educational Officer, Exhibit R5(a). Therein the view taken is that the objection raised in Exhibit R5(a) is without any basis. Further directions have also been issued in the matter. 6. In that view of the matter, appropriate further action will be taken by respondents 5 and 6 so that the benefits are fixed and the amounts including arrears are disbursed to the petitioner. The same shall be done within a period of two months W.P.(C)No.31756/11 -3- from the date of receipt of a copy of this judgment. The petitioner will produce a copy of the Writ Petition along with a copy of this judgment and a copy of the letter dated 1.12.2011 for compliance. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn