IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN SATURDAY, THE 19TH NOVEMBER 2011 / 28TH KARTHIKA 1933 WP(C).No. 16925 of 2006(M) -------------------------------------- PETITIONER(S): ---------------------- P.S.SARASWATHI AMMA, AGED 55 YEARS, H.S.A.(MALAYALAM)(RETIRED), GOVERNMENT HIGHER SECONDARY SCHOOL, MATHIL, KANNUR. BY ADVS. SRI.M.SASINDRAN SRI.TOJAN J. VATHIKULAM RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KANNUR. 3. THE HEADMISTRESS, GOVERNMENT HIGHER SECONDARY SCHOOL, MATHIL, KANNUR. 4. THE ACCOUNTANT GENERAL OF KERALA, (A&E), THIRUVANANTHAPURAM. R1 TO R4 BY GOVT. PLEADER SMT.KOCHUMOL KODUVATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: AV WPC.NO.16925/2006 APPENDIX PETITIONER'S EXHIBITS : P1 : COPY OF THE GOVERNMENT ORDER (MS).134/96/G.EDN DATED 7.8.1986 P2 : COPY OF THE GOVERNMENT ORDER (MS)NO.57/91/(89)/FIN. DATED 18-1-1991. P3 : COPY OF THE G.O.(P)NO.347/2000/G.EDN. DATED 19-10-2000. P4 : COPY OF THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT DATED 13.4.2000. P5 : COPY OF THE OGVERNMENT ORDER DATED 31-3-2001. P6 : COPY OF THE JUDGMENT IN O.P.NO.7348/2003 DATED 19-6-2003. P7 : COPY OF THE PROCEEDINGS OF THE AUDIT OBJECTION NOTED BY THE 2ND RESPONDENT DATED NIL. P8 : COPY OF THE JUDGMENT IN W.P(C) NO.29592 OF 2004 DATED 8-10-2004. P9 : COPY OF THE LETTER NO.16/06 DATED 8-3-2006. P10 : COPY OF THE ENDORSEMENT DATED 5-5-2006 MADE BY THE 2ND RESPONDENT ON THE REVERSE OF THE EXHIBIT P9 COMMUNICATION. P11 : COPY OF THE COMMUNICATION DATED 16/06 OF THE 3RD RESPONDENT DATED 9-5-2006. P12 : COPY OF THE COMMUNICATION DATED 17.5.2006. RESPONDENT'S EXHIBITS : NIL /TRUE COPY/ P.A TO JUDGE AV S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.16925 of 2006 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of November, 2011 J U D G M E N T The petitioner is a retired High School Assistant in Malayalam. The petitioner had joined as P.D./Junior Language Teacher. The petitioner's grievance in this writ petition is that, pension papers forwarded has been returned by the 2nd respondent by Ext.P12 communication, which reads as follows: “As per reference cited above, I am to inform you that G.O. (P) 364/04 does not permit the sanction of personal scale of Rs.5250 – 8150/- on attaining 23 years of service. Personal scale should be sanctioned reckoning both service of PD teacher and HSA service of 25 years only. Hence the pay may be regulated as directed by the Accountant General vide letter No.OA (HQ)/III/V/12-281/01-02/892 dt 20.10.05. Hence the SB of the teacher is returned herewith along with the proposal for pension. “ The petitioner's contention is that, the same is against Ext.P8 judgment of this Court in respect of the same subject matter. The petitioner seeks the following reliefs: “i. call for the records leading to Exhibit P10 and Exhibit P12 issued by the 2nd respondent and quash the same by issuing a writ of certiorari. ii. issue a writ of mandamus directing the 2nd respondent to forward the pension papers of the petitioner to the 4th W.P.(C)No.16925 of 2006 -2- respondent forthwith and further directing the 4th respondent to sanction the pensionary benefits due to the petitioner within one month. iii. to declare that the petitioner is entitled to protection of the pay based on the selection grade sanctioned on completion of 23 years of service and that the action of the 2nd respondent objecting the same is highly illegal, arbitrary and unsustainable.” I have heard the counsel for the petitioner. In Ext.P12, the objection is against the grade on completion of 23 years. According to the Deputy Director, the grade is allowable only on completion of 25 years. Ext.P8 does not relate to the number of years on completion of which the higher grade is to be given. In fact in Ext.P2 Selection Grade is allowable to primary teachers who have been later appointed as HSAs on completion of a total service of 25 years reckoning the total service in primary and high school sections together and not on completion of 23 years. Ext.P2 relates to implementation of grades granted. In the above circumstances, I do not find any merit in this writ petition and accordingly the same is dismissed. However, I direct that, if the petitioner's retirement benefits have not yet been disbursed, the respondents shall see that the same are W.P.(C)No.16925 of 2006 -3- disbursed within a period of two months from the date of receipt of a copy of this judgment. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/