IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 30TH NOVEMBER 2009 / 9TH AGRAHAYANA 1931 WP(C).No. 33514 of 2009(H) -------------------------- PETITIONER: --------------- M.P.MUHAMMED, AGED 50 YEARS, S/O.M.P.MARAKKAR, FULL-TIME URDU TEACHER MORAZHA A.U.P.SCHOOL, P.O.MORAZHA, KANNUR DISTRICT BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION (S) DEPARTMENT, GOVERNMENT SECRETARIAT ANNEX, TRIVANDRUM. 2. THE ASSISTANT EDUCATIONAL OFFICER, TALIPARAMBA SOUTH, P.O.MAYYIL, KANNUR DISTRICT. 3. THE HEADMISTRESS, MORAZHA A.U.P.SCHOOL P.O.MORAZHA, KANNUR DISTRICT. BY SR. GOVT PLEADER SRI. MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.33514 of 2009 -------------------------- Dated this the 30th November,2009 J U D G M E N T The petitioner herein entered service on 3.11.1980. He opted 1992 Pay Revision with effect from 1.3.1992 and pay was fixed as Rs.1380/-. The scale of pay of the petitioner was stepped up to Rs.1410/- as on 1.7.1992 on a par with Smt.Swarnalatha,UPSA of the same school. This is evident from Ext..P1. Later, it was cancelled as per Ext.P2 by the Assistant Educational Officer relying on Circular No.59151/J2/2000/G.Edn dated 17.5.2002. It was modified with effect from 1.11.1992 instead of 1.7.1992 at Rs.1410/-. Excess amount was also refunded, as evidenced by Ext.P4. The case of the petitioner is that he is a similarly situated teacher like the petitioner in W.P (C) No.20914/2003 who approached this Court by challenging the Circular No.59151/J2/2000/G.Edn dated 17.5.2002 and by Ext.P5 judgment in W.P(C) No.20914/2003 the said Circular and dependent orders have been quashed. 2. Later, the Government issued Circular dated 23.6.2009 in terms of the directions and findings W.P ( C) No.33514 of 2009 2 contained in Ext.P5 judgment and Government Order issued has been produced as Ext.P5 (a). 3. It is in these circumstances, the petitioner has moved the Government as per Ext.P6 representation. It is prayed that the Government may be directed to take a decision on Ext.P6 within a time frame. 4. Learned Government Pleader on getting instructions submitted that Ext.P6 has been received and the same is pending. There will be a direction to the Government to take a decision on Ext.P6 after hearing the petitioner within a period of four months from the date of receipt of a copy of this judgment. Writ petition is disposed of as above. T.R RAMACHANDRAN NAIR, JUDGE ma W.P ( C) No.33514 of 2009 3 W.P ( C) No.33514 of 2009 4