IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 18TH JUNE 2009 / 28TH JYAISHTA 1931 WP(C).No. 3762 of 2009(W) --------------------------------------- PETITIONER(S): ------------------------ SETHUMADHAVAN V.S. PEON,VOCATIONAL HIGHER SECONDARY SCHOOL,PANANGAD,ERNAKULAM DIST. BY ADVS.MR.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENT(S): --------------------------- 1. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. 2. THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM. 3. THE MANAGER VOCATIONAL HIGHER SECONDARY SCHOOL,PANANGAD. 4. THE PRINCIPAL, VOCATIONAL HIGHER SECONDARY SCHOOL,PANANGAD. BY GOVT. PLEADER MR.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 3762 of 2009 W =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 18th day of June, 2009 JUDGMENT Heard Sri.K. Mohanakannan, the learned counsel appearing for the petitioner and Sri. A.J.Varghese, the learned Government Pleader appearing for respondents 1 and 2. Though respondents 3 and 4 have been served, they have not entered appearance. 2. The petitioner was formerly working as Peon in Vocational Higher Secondary School, Panangad managed by the third respondent. He was promoted and appointed as Peon on 11-10-1996. He retired from service after this writ petition was filed. He had while in service moved the District Educational Officer, Ernakulam claiming advance increments in terms of paragraph 3 of Ext.P7 Government order dated 9-6-1994. That request was declined by Ext.P5 endorsement made on the application relying on Ext.P6 letter sent by the Government. In Ext.P6 the Government had taken the stand that though the scale of pay of Full Time Menial and Peon are identical, the post of Full Time Menial is neither a cadre post of Peon nor feeder category for promotion to the post of Peon and therefore a W.P.(C) No. 3762/09 2 promotee Peon is not entitled to the benefit of advance increments in terms of Ext.P7 Government order. 3. It is conceded at the Bar that a learned single Judge of this Court has in Ext.P8 judgment delivered in W.P.(C) No.1590 held that full Time Menial is a feeder category for appointment to the post of Peon. The pleadings disclose that the petitioner was promoted to the category of Peon while he was working as Full Time Menial. Therefore, the stand taken by the Government and the District Educational Officer cannot be sustained. In the result, Ext.P5 is quashed and the District Educational Officer is directed to re-consider the request made by the petitioner and the proposal made by the fourth respondent in Ext.P4 letter in the light of the stipulations in Ext.P7 Government order and the observations in Ext.P8 judgment and take a decision thereon in accordance with law. This shall be done within two months from the date on which the petitioner produces a certified copy of this judgment before the District Educational Officer. It is made clear that in the event of the petitioner being granted advance increments, his pensionary benefits shall be revised expeditiously. P.N.RAVINDRAN, JUDGE. mn.