IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 21ST JANUARY 2011 / 1ST MAGHA 1932 WP(C).No. 25069 of 2008(H) -------------------------- PETITIONERS: ------------------- 1. P.P.ABDU RAHIMAN, AGED 71 YEARS, RETIRED HEADMASTER, RAHMANIYA HIGH SCHOOL, ALATTIL HOUSE, POST VALLIAD, VIA VALLIPPALLI, PIN 673 542, VATAKARA. 2. C.N.BALAKRISHNA KURUP, AGE 76 YEARS, RETIRED HEADMASTER, MEMUNDA HIGH SCHOOL, POST MEMUNDA, VATAKARA,KOZHIKODE. ADDL. 3RD PETITIONER IMPLEADED --------------------------------------------------- ADDL.P3. INDRANI AMMA, D/O.CHAPPAKURUP, AGED 66 YEARS, RESIDING AT GOKULAM, MEMMUNDA P.O., VATAKARA TALUK; ADDITIONAL 3RD PETITIONER IMPLEADED AS PER ORDER DATED 10.12.08 IN IA.15186/2008. BY ADVS. SRI.K.LAKSHMINARAYANAN SMT.SATHYA SHREEPRIYA RESPONDENTS: ---------------------- 1. STATE OFKERALA, GENERAL EDUCATION (A) DEPARTMENT, REPRESENTED BY ITS SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT EDUCATIONAL OFFICER, VATAKARA, KOZHIKODE,. 3. DEPUTY DIRECTOR OF EDUCATIONAL, KOZHIKODE. R1 TO 3 GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.01.2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25069 of 2008(H) ------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS ------------------------------------- EXT.P1. COPY OF THE GOVERNMENT ORDER NO.GO(P) 515/85/FIN DATED 16.09.85 EXT.P2. COPY OF THE GOVERNMENT ORDER NO.55/97/G.EDN DATED 18.02.1997 EXT.P3. COPY OF THE GOVERNMENT ORDER GO (RT) 457/2002/G.EDN DATED 22.02.02. EXT.P4. COPY OF THE PROCEEDINGS OF DISTRICT EDUCATIONAL OFFICER, VATAKARA NO.B2 9542/05 DATED 09.01.07. EXT.P5. COPY OF THE PROCEEDINGS NO.E5/237931/05 DATED 10.05.07 OF DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. EXT.P6. COPY OF THE PROCEEDINGS NO.26236/A/02/G.EDN. DATED 10.07.02 ISSUED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCTION (A) DEPARTMENT. EXT.P7. COPY OF THE REPRESENTATION DATED 17.01.05 SUBMITTED BY THE PETITIONER. EXT.P8. COPY OF THE ORDER NO.29775/A2/07/EDN (A) DATED 05.11.07. RESPONDENT'S EXHIBITS -------------------------------------- EXHIBIT R1(A). CIRCULAR NO.63-1 (FIN) DATED 2.11.01. / TRUE COPY / P.A. TO JUDGE VK VK S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 25069 of 2008 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 21st day of January, 2011 J U D G M E N T The 1st petitioner entered service as a Secondary School Headmaster on 1.6.1971. He retired from service on 30.06.1992. In between, on 01.06.1991 he completed 20 years of service. The 2nd petitioner entered service as a Secondary School Headmaster on 10.01.1958 and retired on 31.07.1987. In between, he also completed 20 years of service on 10.01.1978. During the pendency of the writ petition, the 2nd petitioner died and his legal heirs have come on record to prosecute this writ petition. The petitioners' contention is that as per Exts.P1, P2 & P3 Government orders dated 16.09.1985, 18.02.1997 & 22.02.2002, the petitioners are eligible for 20 year second higher grade. Their request for the same has been rejected by Exts.P6 & P8. It is under the above circumstances the petitioners have approached this court seeking the W.P.(C)No. 25069 of 2008 -2- following reliefs: “a) issue writ of certiorari or other writ, order or direction quashing Exhibit-P6 and P8 orders. b) issue a writ of mandamus or other writ, order or direction commanding the respondents to grant Second Higher Grade to the petitioners basing Exhibit P1 order, within such time as may be prescribed by this Honourable Court.” 2. The contention of the petitioners is that, Primary School Headmasters have been given two higher grades on completion of 10 years and 20 years. This court has also upheld the claim of Primary Headmasters for such second higher grade in O.P. No.2292/1989. It is further contended that, by Ext.P5, the Administrative Assistant who had full additional charge of the Deputy Director of Education had recommended to the Deputy Director of Education the petitioners' case for such 20 years higher grade. Despite the same, the Government rejected the claim of the petitioners. 3. The learned Government Pleader submits that there are no Government orders granting 2nd higher grade to Secondary School Headmasters. It is pointed out that in W.P.(C)No. 25069 of 2008 -3- Exts.P1, P2 & P3 also the second higher grade is allowed only to Primary Headmasters and not to Secondary School Headmasters. According to the learned Government Pleader as is evident from Ext.P1 Government order dated 16.09.1985, the Secondary School Headmasters are entitled to only one higher grade on completion of seven years service as Headmaster. 4. I have considered the rival contentions in detail. 5. Except Ext.P5 recommendation of the Administrative Officer holding full additional charge of the Deputy Director of Education, the petitioners have not been able to produce any documents to prove that the petitioners are entitled to second higher grade on completion of 20 years of service in the post of Secondary School Headmasters. As rightly pointed out by the learned Government Pleader, in Ext.P1, Secondary School Headmasters are separately dealt with wherein they have been granted only one higher grade on completion of seven years' service. All other documents relied upon by the W.P.(C)No. 25069 of 2008 -4- petitioners, including the judgment in O.P. No.2292/1989 are relating to Primary School Headmasters who are separately dealt with in Ext.P1, which cannot be made applicable to Secondary School Headmasters. As such the petitioners have not been able to prove that as of right they are entitled to a second higher grade on completion of 20 years. In the above circumstances, there is no merit in this writ petition and accordingly the same is dismissed. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/