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. 37384 of 2009(P) -------------------------- PETITIONER(S): --------------- RETHINATH K.MENON,CLERK, V.V.S.HIGH SCHOOL, MANNUTHY, THRISSUR DISTRICT. BY ADV. SRI.PAULSON THOMAS RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPRUAM. 2. DIRECTOR OF PUBLIC INSTRUCTION, JAGATHI, THIRUVANANTHAPRUAM -14. 3. DEPUTY DIRECTOR OF EDUCATION, THRISSUR. 4. THE D.E.O. THRISSUR. 5. THE MANAGER, V.V.S. HIGH SCHOOL, MANNUTHY, THRISSUR. 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.37384 of 2009-P - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of December, 2009. JUDGMENT The petitioner who is working as a Clerk in the school managed by the 5th respondent, is aggrieved by the denial of increment and pay revision benefits, even though he has successfully completed the probation and the Manager has already declared his probation also. 2. Ext.P1 is the order by which the appointment of the petitioner has been approved. In terms of Rule 6(a) of Chapter XIV-A K.E.R., the probation of the petitioner has been declared by the Manager. But he is only getting basic pay and though he has completed 8 years of service, no higher grade was also given to him. In these circumstances, the petitioner has filed Ext.P3 representation before the Government. 3. The petitioner points out that Ext.P1 order which was under challenge in a writ petition, viz. W.P.(C) No.30612/2000, has been upheld by a Division Bench in Ext.P4 judgment in W.A. No.2199/2002 Therefore, the said fact also favours the petitioner, learned counsel for the petitioner contends . 4. There will be a direction to the Government to take a decision on wpc 37384/2009 2 Ext.P3 after hearing the petitioner, within a period of four months from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of the writ petition along with a copy of this judgment before the Government for compliance. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/