IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 WP(C).No. 19638 of 2011(D) -------------------------- PETITIONER: --------------- LIGY.M.PAUL,HSA(MATHS),BYK VHSS, VALAVANNUR,MALAPPURAM DISTRICT. BY ADV. SRI.C.ANILKUMAR (KALLESSERIL) SRI.C.Y.VINOD KUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM-695 001. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695 001. 3. DEPUTY DIRECTOR OF EDUCATION,MALAPPURAM-676 505. BY GOVT.PLEADER SHRI V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.19638/11 PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE APPOINTMENT ORDER DT.20.6.91 ISSUED BY THE MANAGER OF THE SCHOOL WITH THE ENDORSEMENT MADE BY THE DEO, TIRUR. EXT.P2 : COPY OF THE REPRESENTATION DT.20.6.2005 FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT WITH COPY TO THE GOVERNMENT. EXT.P3 : COPY OF THE AUDIT DT.15.9.10 AS PER ENDORSEMENT NO.F4/19076/2010 ISSUED BY THE 3RD RESPONDENT. EXT.P4 : COPY OF THE REPLY DT.22.11.10 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. EXT.P5 : COPY OF THE REPRESENTATION DT.11.7.11 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS:NIL //TRUE COPY// P.A. TO JUDGE dsn T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.19638 Of 2011-G -------------------------------------------------- DATED THIS THE 20TH DAY OF JULY, 2011 J U D G M E N T The main prayer in the Writ Petition is for a direction to the Government to consider and pass orders on Exhibit P5 representation. 2. This is a case where the petitioner seeks for fixation of pay in the Senior Grade on completion of 10 years in the pre- revised scale of Rs.5000-8150 with effect from 1.7.2004. 3. The petitioner is working as High School Assistant (Maths) in the BYK VHSS, Valavannur, Malappuram District. The appointment was made on 20.6.1991 which was approved by order dated 6.1.1992. From 5.11.1996 to 4.11.1999, the petitioner had availed leave without allowance. It is pointed out that even though 10 years period was over on 20.6.2004, it was granted only with effect from 1.11.2004 and accordingly the pay of the petitioner was fixed in the pre-revised scale of Rs.5000- 8150. Exhibit P2 is the first representation submitted by the petitioner seeking for change of effect of Higher Grade from 1.11.2004 to 1.7.2004. Subsequently, pay revision order, namely W.P.(C)No.19638/11 -2- G.O.(P)No.145/2006/Fin. dated 25.3.2006 was implemented. Options were submitted by the petitioner thereafter also. Finally, the option was accepted by fixing the pay of the petitioner at Rs.10070/- and in the scale of pay of Rs.9590-16650 with effect from 1.7.2004. Exhibit P3 is the communication of the audit objection raised thereafter. Aggrieved by the same, the petitioner has approached the Government by filing Exhibit P5 representation. It is pointed out that if the date is corrected as 1.7.2004 instead of 1.11.2004, it will benefit her. 4. It is upto the Government to take a decision on Exhibit P5 representation and there will be a direction to the 1st respondent to take a decision on Exhibit P5 representation in accordance with law after hearing the petitioner within a period of five months from the date of receipt of a copy of this judgment. The proceedings for recovery of excess amount will be kept in abeyance, till a final decision is taken in the matter. The Writ Petition is disposed of as above. SD/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn