IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 14TH SEPTEMBER 2010 / 23RD BHADRA 1932 WP(C).No. 8099 of 2008(L) -------------------------------------- PETITIONER(S): ----------------------- K.A. SABIRA, HEADMISTRESS, G.F.L.P.S. VEKKODE, P.O.VEMBALLUR, KODUNGALLOR, THRISSUR DISTRICT. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR OF EDUCATION, THRISSUR. 3. ASSISTANT EDUCATIONAL OFFICER, KODUNGALLUR. R1 TO R3 BY GOVT. PLEADER MR.SANDESH RAJA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/09/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 8099/2008-L APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LETER DATED 18/10/2007 ISSUED BY THE DDE TO THE AEO WITH COPY TO THE PETITIONER. EXT.P2: COPY OF THE G.O.(P)NO.364/2004 DATED 30/11/2004. EXT.P3: COPY OF THE NEW REPORT WHICH APPEARED IN NEWS PAPERS IN THE VERNACULAR. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 8099 of 2008-L - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of September, 2010. JUDGMENT The petitioner is the Headmistress of G.F.L.P. School, Vekode in Thrissur District. Aggrieved by Ext.P1 letter, the petitioner has filed this writ petition. 2. The respondents have field a counter affidavit. 3. Ext.P1 is the letter issued by the Deputy Director of Education noticing an objection with regard to the pay fixation. It is mentioned that the senior grade was sanctioned on 24.12.2004 reckoning the primary service as well as H.S.A. service which is against the present orders. It is mentioned as per G.O.(P) No.296/2006 dated 14.7.2006 alone, she is eligible for a grade. Accordingly a direction was issued to have a refixation in terms of G.O.(P) No.145/2006 and to regularise the same after recovering the excess pay. 4. The service particulars of the petitioner show that she joined service on 8.7.1987 as P.D. Teacher in GLPS, Rayiramangalam in Malappuram District. Before that, she rendered provisional service through Employment Exchange for a period of 8 months. The said service was also wpc 8099/2010 2 as P.D. Teacher. On 17.7.1990 the petitioner got regular appointment through the District Officer, PSC, Thrissur and joined as a P.D. Teacher on 10.1.2003. The petitioner was subsequently promoted as H.S.A. and finally on 23.5.2006 she was posted as Headmistress of the present school. 5. In the counter affidavit, it is explained in para 5 as follows: As per G.O.(P) No.364/04/G/Edn. dated 30.11.2004, H.S.A. appointed/promoted from the category of Primary School Teacher with more than 10 years service in primary section will be eligible for time bound higher grade promotion as H.S.A. Grade -I and H.S.A. Senior Grade on completion of total 20 and 30 years in the primary and high school section taken together. But the petitioner has completed 18 years of service only on 24.12.2004 and hence not eligible for Higher Grade as H.S.A. Grade promotion as per the above order also. It is mentioned that the petitioner is eligible for H.S.A. Grade - I only when she completes 20 years of service in both pay of High School Section takes together. Hence, the petitioner is eligible for H.S.A. Grade - I with effect from 25.10.2006 only even as per G.O.(P) No.134/86/G.Edn. dated 7.8.1986 which was cancelled once and was restored by G.O.(P) 364/04 dated 30.11.2004. wpc 8099/2010 3 6. It is also stated that as per para 10(2) of G.O.(P) No.145/06/Fin. dated 25.3.2006, i.e. 2004 pay revision, H.S.A. will be eligible for 8/16 years time bound higher grade promotion with effect from 1.3.2006 by reckoning H.S.A. service only and they are not eligible for the personal scale of Primary School Teachers reckoning service in the Primary and High School section together. In view of the above, G.O.(P) 364/04/G.Edn. dated 30.11.2004 is not in force with effect from 1.3.2006 and hence the petitioner is not eligible for Higher Grade scale of pay of H.S.A. since she completed 20 years of service on 25.10.2006. 7. In the light of the above stand, it cannot be said that Ext.P1 is in any way illegal. Now, in terms of Ext.P1 and after reckoning the service rendered in various capacities, the salary has to be refixed in terms of G.O. (P) No.145/06/Fin. dated 25.3.2006. The same shall be done within a period of two months from the date of refund of the excess payment received by the petitioner. In Ext.P1 it is mentioned that the excess amount drawn will have to be refunded along with original chalan and proposals. The same will be done by the petitioner within a period of one month. The particulars regarding the excess amount sought to be refunded by the wpc 8099/2010 4 petitioner as per Ext.P1, will be informed to the petitioner by the second respondent which will be done within two weeks of the date of production of a copy of this judgment. The writ petition is dismissed subject to the above directions. No costs. (T.R. Ramachandran Nair, Judge.) kav/