IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 25TH SEPTEMBER 2009 / 3RD ASWINA 1931 WP(C).No. 27142 of 2009(K) -------------------------- PETITIONER(S): --------------- DEVASSIA M.T., PEON, CHERUPUSHPA H.S.CHANDANAKAMPARA PO.CHANDANAKAMPARA, SREEKANDAPURAM, KANNUR DIST. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY SECRETARY TO GOVERNMENT,DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM 2. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR. 3. THE DISTRICT EDUCATIONAL OFFICER, KANNUR. 4. THE MANAGER, CHERUPUSHPA HIGH SCHOOL, CHANANAKAMPARA PO, SREEKANDAPURAM, KANNUR DIST. SENIOR GOVERNMENT PLEADER, SHRI MUHAMOOR T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.27142 of 2009-K - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 25th day of September, 2009. JUDGMENT The petitioner entered service as a Full Time Sweeper in Chandanakampara High School as per Ext.P1 order of appointment dated 4.6.1984. The said appointment has been approved also. He was promoted as Peon with effect from 2.11.2005 which stands approved by Ext.P2. The petitioner exercised option for Selection Grade as per the form of option dated 17.7.2007 which is produced as Ext.P3. Thereafter the petitioner submitted a request dated 23.3.2009 seeking grant of one advance increment with effect from 2.11.2005 and to revise his pension on that basis. He also submitted a proposal to get the revised pay with effect from 2.11.2005 calculated on the basis of grant of one advance increment as sought for by him. Ext.P4 is the copy of the said representation. The same was returned by the Personal Assistant to the District Educational Officer, Kannur on 3.4.2009 with an endorsement. The endorsement is to the following effect: “The fixation proposal may be submitted along with the judgment referred in the representation and Govt. Order, if any, permitting one additional increment to employees who promoted to the same scale of wpc 27142/2009 2 pay.” 3. It is the case of the petitioner that his claim is supported by the judgment in W.P.(C) No.15902/2007. A copy of the same has been produced as Ext.P5. A reading of the judgment shows that in para 2, reference is made to G.O.(P) No.3000/98/Fin. dated 25.11.1998. Learned counsel for the petitioner submitted that the competent authority may be directed to consider Ext.P4. 4. Learned Govt. Pleader on instructions, submits that it is up to the petitioner to produce the copy of the judgment along with other relevant Govt. Orders as instructed by the endorsement mentioned above. Therefore, if the petitioner produces a copy of Ext.P5 judgment along with other Govt. Orders he is relying upon and resubmit Ext.P4 before the District Educational Officer within two weeks from today, the same will be considered by the said officer and appropriate orders will be passed in accordance with law, within a further period of two months from the date of receipt of the same. The result of the same will be communicated to the petitioner duly. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/