IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 21ST OCTOBER 2010 / 29TH ASWINA 1932 WP(C).No. 13709 of 2009(G) PETITIONER: --------------- K.P. PUSHPAHASAN, S/O.K. ACHUTHAN, AGED 55 YEARS, PHYSICAL EDUCATION TEACHER (RETD.), MARAKKARA, MALAPPURAM DISTRICT, (RESIDING AT ACHUTH, P.O. PATHAYAKUNNU, VIA THALASSERY, KANNUR DISTRICT. 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 DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM DISTRICT. 3. THE ASSISTANT EDUCATIONAL OFFICER, KUTTIPPURAM, MALAPPURAM DISTRICT. 4. THE HEADMASTER, A.U.P SCHOOL, MARAKKARA, P.O. MARAKKARA, VIA KADAMPUZHA, MALAPPURAM DISTRICT. GOVERNMENT PLEADER SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER NO.L.DIS.D/3199/2000 OF THE AEO ALONG WITH STATEMENT OF FIXATION OF PAY, DATED 15.5.2000. EXT.P2 TRUE COPY OF THE ORDER OF THE DEPUTY DIRECTOR DATED 11.11.2008. EXT.P3 TRUE COPY OF THE ORDER NO.F4/33303/08 OF THE DEPUTY DIRECTOR OF EDUCATION, DATED 25.3.2009. EXT.P4 TRUE COPY OF THE ANNEXURE III OF G.O.(P) NO.600/1993/FIN. OF THE GOVERNMENT, DATED 25.9.1993. EXT.P5 TRUE COPY OF THE ANNEXURE III OF G.O.(P)NO.3000/98/FIN. OF THE GOVERNMENT, DATED 25.11.1998. EXT.P6 TRUE COPY OF THE CIRCULAR NO.59151/J2/2000/G.EDN. OF THE GOVERNMENT DATED 17.5.2002. EXT.P7 TRUE COPY OF THE JUDGMENT OF THIS COURT IN O.P.NO.23261 OF 1998, DATED 10.12.2001. EXT.P8 TRUE COPY OF THE CIRCULAR NO.15943/B2/95/G.EDN. OF THE GOVERNMENT DATED 19.6.1998. EXT.P9 TRUE COPY OF THE CIRCULAR NO.F4/28516/98 OF THE GOVERNMENT DATED 19.3.1999. EXT.P10 TRUE COPY OF THE LETTER NO.6041/K4/2001/G.EDN. OF THE GOVERNMENT DATED 21.4.2001. EXT.P11 TRUE COPY OF THE JUDGMENT OF THIS COURT IN W.P.(C) NO.20914 OF 2003 DATED 7.8.2006. EXT.P12 TRUE COPY OF THE JUDGMENT OF THIS COURT IN W.P.(C) NO.10482 OF 2004 DATEE 1.9.2006. EXT.P13 TRUE COPY OF THE CIRCULAR NO.26790/J2/07/G.EDN. OF THE GOVERNMENT DATED 23.6.2009 EXT.P14 TRUE COPY OF THE APPEAL FILED BEFORE THE GOVERNMENT, DATED 7.10.2010. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO.13709 OF 2009 G ------------------------------------------------------ Dated this the 21st day of October, 2010 JUDGMENT The petitioner entered service as Physical Education Teacher in an aided school. He retired from service on 31.3.2009. One Aminabi entered service as Arabic Teacher in the same school on 10.6.1981. Aminabi was junior to the petitioner. She was drawing more salary. The junior-senior fixation was made as per Ext.P1 order dated 15.5.2000, passed by the Assistant Educational Officer in the light of G.O.(P) No.600/93/Fin dated 25.9.1993. 2. The Deputy Director of Education objected to the fixation of pay of the petitioner on the ground that stepping up of the pay of the petitioner was not proper, since the junior and senior belonged to different categories. The Deputy Director held that in such cases the stepping up of pay was inadmissible. It is submitted by the petitioner that the Deputy Director raised that objection in Ext.P2 in the light of Ext.P6 Circular dated 17.5.2002, clarifying G.O.(P)No.600/93/Fin. dated 25.9.1993. The counsel for the petitioner also submitted that W.P.(C) NO.13709 OF 2009 G :: 2 :: in Exts.P11 and P12 judgments, it was held that fixation of pay cannot be revised based on Ext.P6 Circular which was issued later in point of time. It is also submitted by the learned counsel for the petitioner that thereafter, Ext.P13 Circular No.26790/J2/07/G.Edn. dated 23.6.2009 was issued clarifying the position that the seniority list will be the criteria for rectifying junior-senior anomaly in pay fixation. According to the petitioner, Exts.P11 and P12 judgments and Ext.P13 Circular would govern the case of the petitioner. Pointing out all these facts, the petitioner had submitted Ext.P14 representation dated 7.10.2010 before the Government. 3. The petitioner limits his prayer in this Writ Petition for a direction to the first respondent to consider and dispose of Ext.P14 representation in the light of the binding judgments and the Government Order and Circular. 4. The learned Government Pleader submitted that the petitioner was working as a Physical Education Teacher while Aminabi was working as a Junior Arabic Teacher. It is also submitted that the petitioner and Aminabi were working in different categories and W.P.(C) NO.13709 OF 2009 G :: 3 :: there being no common seniority list, Ext.P13 Circular and Exts.P11 and P12 judgments would not apply in the present case. 5. It is not necessary to resolve the above dispute in this Writ Petition. Ext.P14 representation is to be disposed of by the Government. These rival contentions can be considered by the Government while disposing of Ext.P14 representation. Accordingly, the Writ Petition is disposed of directing the first respondent to consider and dispose of Ext.P14 representation dated 7.10.2010 filed by the petitioner, as expeditiously as possible and, at any rate, within a period of three months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner. The petitioner shall produce a copy of the Writ Petition, copy of I.A.Nos.13932 of 2010 and 14673 of 2010 as well as certified copy of the judgment before the first respondent. (K.T.SANKARAN) Judge ahz/