IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 8TH JULY 2008 / 17TH ASHADHA 1930 OP.No. 18920 of 1998(B) ----------------------- PETITIONER: ------------ V. KRISHNAMONY, RETD. HEADMASTER, GOVERNMENT L.P. SCHOOL, PAZHAYAGRAMOM, MEMMARA P.O., RESIDING AT 7/67, PAZHAYATHARA, VALLANGHY, PALAKKAD DISTRICT. (DIED) ADDL. 2. V. BHUVANESWARI, AGED 53 YEARS, WIFE OF LATE V. KRISHNAMONY, RESIDING AT 7/67, PAZHAYATHARA, VELLANGHY,PALAKKAD DIST. ADDL. P2 IS IMPLEADED AS PER ORDER DATED 25.1.2007 IN I.A. 1195/07 BY ADV. SRI.M.P.KRISHNAN NAIR RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, KERALA STATE, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. BY GOVERNMENT PLEADER SMT. SMITHA THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 08/07/2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 ORDER ON CMP 33356 OF 1998 IN OP 18920 OF 1998 DISMISSED 8.7.2008 SD/-C.N.RAMACHANDRAN NAIR, JUDGE. SD/-V.K. MOHANAN, JUDGE. APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE JUDGMENT DATED 24.5.1993 IN OP 2116 OF90 B PASSED BY THE HON'BLE HIGH COURT. EXT.P2 TRUE COPY OF JUDGMENT DATED 1.2.1996 IN W.A.NO. 1137 OF 1994 D PASSED BY THE DIVISION BENCH OF THIS HON'BLE HIGH COURT. EXT.P3 TRUE COPY OF THE LETTER DATED 21.5.1996 SENT BY THE PETITIONER'S COUNSEL TO RESPONDENTS 1 ;TO 3 EXT.P4 TRUE COPY OF THE STATEMENT OF REFIXATION OF PAY OF THE PETITIONER AS PER G.O.P. NO. 180/91(100) FIN. DATED 7.3.1991 AND G.O.P. 486/79 (51) FIN DATED 26.5.1979 AND IN ACCORDANCE WITH W.A.NO. 1137 OF 1994 EXT.P5 TRUE COPY OF ORDER G.O. MS NO. 61/81/G.EDN. DATED 6.4.1981 EXT.P6 TRUE COPY OF THE G.O.MS. NO. 187/87/GL.EDN. DATED 23.9.87 EXT.P7 TRUE COPY OF THE ORDER NO.31597/83/97/GE DATED 16.12.97 ISSUED BY THE SECRETARY TO THE GOVERNMENT TO THE PETITIONER. EXT.P8 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE HON'BLE MINISTER FOR EDUCATION ON 12.1.98 EXT.P9 TRUE COPY OF THE ORDER NO. D2.6176/68 DATED 24.6.63 EXT.P10 TRUE COPY OF THE ORDER G.O.RT. 2027/97/GE DATED 19.6.1997 EXT.P11 TRUE COPY OF THE ORDER NO. 1019/GH DATED 24.3.1996 EXT.P12 TRUE COPY OF THE LETTER NO. A2..4723/97 DATED 21.2.1997 EXT.P13 TRUE COPY OF THE LETTER NO. A2.3895/96 DATED 3.6.98 ISSUED BY THE ASST. EDUCATIONAL OFFICER TO THE DY. DIRECTOR OF EDUCATION, PALAKKAD. EXT.P14 TRUE COPY OF THE ORDER G.O.P.NO. 73/98/G.EDN. DATED 4.3.98. EXT.P15 TRUE COPY OF THE GOVERNMENT ORDER NO. G.O.(P) NO. 515/85/FIN. DATED 16.9.1985 EXT.P16 TRUE COPY OF THE GOVERNMENT ORDER NO. G.O.(MS) NO. 55/97/G.EDN. DATED 18.2.97 RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C .N. RAMACHANDRAN NAIR & V.K. MOHANAN, JJ. -------------------------------------------- O.P. No. 18920 OF 1998 -------------------------------------------- Dated this the 8th day of July, 2008 JUDGMENT Ramachandran Nair,J. As petitioner is no more, his wife is impleaded as legal heir to represent him as petitioner. We have heard counsel appearing for the petitioner and Government Pleader appearing for the respondents. Petitioner's husband who was Headmaster of a LP School was disemployed on account of closure of the school for want of students. Even though this had happened on 1.6.1972, he was appointed in the same scale of Headmaster as PD teacher in a Government school on 22.6.1976. Later, the pay scale of Headmaster was increased and since petitioner continued as PD teacher he was denied that scale, which led to Writ Petition and Writ Appeal in this Court and finally ended in the judgment in Writ Appeal produced as Ext.P2. It is seen that deceased petitioner was granted arrears of salary of Headmaster and revised pensionary benefits for the entire period after loss of his job on account 2 of closure of LP school. This is second round of litigation by the deceased seeking certain other incentives like earned leave, surrender leave, 25 years selection grade, etc. We do not think there is any justification to entertain this O.P. in the same matter. Whatever relief petitioner is seeking now should have been claimed in the first round of litigation which ended up in Ext.P2. Moreover, it is seen that deceased petitioner was granted all eligible relief by this Court. O.P. is therefore devoid of any merit and is dismissed. (C.N.RAMACHANDRAN NAIR) Judge. (V. K. MOHANAN) Judge. kk 3