IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 13TH NOVEMBER 2009 / 22ND KARTHIKA 1931 WP(C).No. 35438 of 2007(R) -------------------------- PETITIONER(S): --------------- K.R.THOMAS, S/O. K.T.RAPPAI, AGED 45 YEARS, HIGH SCHOOL ASSISTANT (SOCIAL STUDIES), ST.FRANCIS GIRLS HIGH SCHOOL, MATTOM-680 602, KUNNAMKULAM, THRISSUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, AYYANTHOLE, THRISSUR DISTRICT. 4. THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR DISTRICT. 5. THE HEADMASTER, ST.FRANCIS GIRLS HIGH SCHOOL, MATTOM-680 602, KUNNAMKULAM, THRISSUR DISTRICT. 6. THE MANAGER, ST.FRANCIS GIRLS HIGH SCHOOL, MATTOM-680 602, KUNNAMKULAM, THRISSUR DISTRICT. BY GOVERNMENT PLEADER SMT.T.B.REMANI ADV. SRI.DEEPU THANKAN FOR R6 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 35438 of 2007 APPENDIX PETITOINER'S EXHIBITS: EXT.P1: TRUE COPY OF THE FORM OF OPTION ALONG WITH STATEMENT OF FIXATIN OF PAY EXT.P2: TRUE COPY OF THE LETTER NO.B6-3260/06 OF THE DIST. EDL.OFFICER EXT.P3: TRUE COPY OF THE LETTER NO.B6/3260/06 OF DIST. EDL.OFFICER EXT.P4: TRUE COPY OF THE REMARKS OF THE HEADMASTER EXT.P5: TRUE COPY OF THE LETTER NO.B6/3260/06 OF THE DIST.EDL.OFFICER EXT.P6: TRUE COPY OF THE LETTER NO.B6/3260/06 DIST.EDL.OFFICER EXT.P7: TRUE COPY OF THE LETTER NO.65018/J2/2000/G.EDN. OF THE GOVERNMENT EXT.P8: TRUE COPY OF THE G.O.(RT.)NO.5348/05/G1.EDN. OF THE GOVERNMENT EXT.P9: TRUE COPY OF THE DECISION REPORTED IN 2006(1) K.L.J.478 PA TO JUDGE T.R.RAMACHANDRAN NAIR .J ------------------------------------------------ W.P.(C).No.35438 of 2007 ------------------------------- Dated this the 13th November,2009 JUDGMENT The petitioner, who is working as H.S.A (Social Studies) in the school managed by sixth respondent seeks to quash Exts.P2 to P6 and further seeks for a declaration that Ext.P1 option filed by the Petitioner is legal and valid in view of the decision reported in 2006 (1) K.L.J.478. 2. Prior to the regular appointment from 4/6/1996, petitioner has approved service with effect from 2/1/1996 to 28/3/1996 against a leave vacancy. 3. Counting the broken period of service, probation of the petitioner was declared with effect from 6/3/1997 and thereafter increment was sanctioned with effect from 7/3/1997. Ext.P1 is the option statement evidencing the same. 4. By Ext.P2, the District Educational Officer informed the Headmaster that the sanctioning of increment to the petitioner reckoning the broken period of service is erroneous. Subsequent communications followed and the matter reached the Government. The petitioner relies upon R.6(a) of Chapter XIV-A of Kerala Education Rule to justify the action taken for declaring the probation and granting the increment. W.P.(C).No.35438 of 2007 2 4. Pending the writ petition, the Government has directed the District Educational Officer as per Ext.P8 to pass appropriate orders after finding that petitioner is eligible for increment with effect from 6/3/1997 in the revised and pre-revised scale of pay. 5. The petitioner has produced the same as Ext.P10, along with an affidavit. A reading of the Letter No.68313/A1/G.Edn dated 14/10/2009 shows that the Government found that the increment granted reckoning the broken service is in order. Regarding the benefit of pay revision as per G.O.(P) 3000/98/Fin dated 25/11/1998 also the Government has issued appropriate directions stating that petitioner is eligible for increment in the revised scale with effect from 6/3/1997. 6. In the light of the above, the impugned orders viz. Exts.P2,P3,P5 and P6 are quashed. The fourth respondent is directed to pass appropriate orders in terms of G.O. 68313/A1/G.Edn dated 14/10/2009 issued by the Government within three weeks from the date of receipt of a copy of this judgment. The writ petition is disposed as above. No Costs. T.R.RAMACHANDRAN NAIR, JUDGE ssn