IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 21ST JANUARY 2009 / 1ST MAGHA 1930 WP(C).No. 3824 of 2008(E) PETITIONER: T.K.SUNEETHI, AGED 53 YEARS, W/O.C.SIVARAJAN, HIGH SCHOOL ASSISTANT (HINDI), GOVERNMENT BOYS HIGHER SECONDARY SCHOOL, KARAMANA, THIRUVANANTHAPURAM. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS : 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM. 4. THE DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM. R1 TO R4 BY GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER NO.K.Dis. A3/5904/99 OF THE DISTRICT EDUCATIONAL OFFICER DATED 29.12.1999. EXT.P2 TRUE COPY OF THE STATEMENT OF FIXATION OF PAY. EXT.P3 TRUE COPY OF THE AUDIT OF ACCOUNTS OF THE THIRD RESPONDENT DATED NIL. EXT.P4 TRUE COPY OF THE ORDER NO.A2/595/05 OF THE THIRD RESPONDENTDATED 5.2.2005. EXT.P5 TRUE COPY OF THE LETTER NO.38177/E2/06/G.EDN. OF THE GOVERNMENT, DATED 27.12.2006. EXT.P6 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE HONOURABLE MINISTER DATED 2.4.2007. EXT.P7 TRUE COPY OF THE ORDER NO.24239/E2/07/G.EDN. OF THE GOVERNMENT DATED 21.11.2007. EXT.P8 TRUE COPY OF THE DECISION REPORTED IN 2002 (1) KLT 157, DATED 19.10.2001. EXT.P9 TRUE COPY OF THE ANNEXURE III OF G.O.(P) NO.3000/98/Fin. OF THE GOVERNMENT DATED 25.11.1998. EXT.P10 TRUE COPY OF THE CIRCULAR NO.59151/J2/2000/G.EDN. OF THE GOVERNMENT DATED 17.5.2002. EXT.P11 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN O.P.NO.23261/1998 T, DATED 10.12.2001. EXT.P12 TRUE COPY OF THE CIRCULAR NO.15943/B2/95/G.EDN. OF THE GOVERNMENT DATED 19.6.1998. EXT.P13 TRUE COPY OF THE CIRCULAR NO.F4/28516/98 OF THE GOVERNMENT DATED 19.3.1999. EXT.P14 TRUE COPY OF THE LETTER NO.6041/K4/2001/G.EDN. OF THE GOVERNMENT DATED 21.4.2001. EXT.P15 TRUE COPY OF THE JUDGMENT OF THIS COURT IN W.P.(C) NO.20914/2003-M, DATED 7.8.2006. EXT.P16 TRUE COPY OF THE JUDGMENT OF THIS COURT IN W.P.(C) NO.10482/2004 DATED 1.9.2006. EXT.P17 TRUE COPY OF THE JUDGMENT OF THIS COURT IN W.P.(C) NO.38325/2005 DATED 6.10.2006. EXT.P18 TRUE COPY OF THE JUDGMENT OF THIS COURT IN W.P.(C) NO.17135/2006 M, DATED 13.11.2006 EXT.P19 TRUE COPY OF THE JUDGMENT OF THIS COURT IN W.P.(C) NO.20539/2008 T, DATED 16.12.2008. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AGZ/ K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 3824 OF 2008 E ------------------------------------------------------ Dated this the 21st January, 2009 JUDGMENT The relief prayed for in the Writ Petition is to issue a writ of certiorari to quash Exts.P3, P4, P5 and P7. 2. The petitioner states that she entered service as High School Assistant (Hindi) in the Education Department on 3.11.1983. One Omanakutty Amma entered service as High School Assistant (Maths) on 21.6.1984. Omanakutty Amma is junior to the petitioner. On coming to know that Omanakutty Amma, who is junior to the petitioner, was drawing higher pay than that of the petitioner, she made representations before the District Educational Officer. The request made by the petitioner was granted, as is evidenced by Exts.P1 and P2 orders. It is stated that subsequent increments were also granted to the petitioner. The fixation of pay was objected by the Deputy Director of Education, as per Ext.P3. Against Ext.P3, the petitioner filed a representation to the Deputy Director of Education, who rejected the same as per Ext.P4 order dated 5.2.2005. Challenging Ext.P4, the petitioner filed a representation before the Government, which was also rejected as per Ext.P5 order dated 27.12.2006. A Review Petition was filed before the Government by the W.P.(C) NO.3824 OF 2008 :: 2 :: petitioner, as evidenced by Ext.P6. That was also rejected as per Ext.P7 order dated 21.11.2007. 3. Learned counsel for the petitioner submits that the question involved in the Writ Petition is covered by Ext.P15 judgment dated 7th August, 2006 in W.P.(C) No.20914 of 2003. It is also stated that Ext.P15 judgment was followed in several other cases, as evidenced by Exts.P16 to P19 judgments. Since the issue involved in the Writ Petition is covered by Ext.P15 judgment, the prayer made by the petitioner is liable to be granted. Accordingly, the Writ Petition is allowed and Exts.P3, P4, P5 and P7 are quashed. The petitioner would be entitled to fixation of pay as per Exts.P1 and P2. Consequential orders would be passed within a period of two months. (K.T.SANKARAN) Judge ahz/