IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 16TH DECEMBER 2008 / 25TH AGRAHAYANA 1930 WP(C).No. 20539 of 2008(T) -------------------------- PETITIONER(S): ------------------ P.MOHAN PONCHANDRA, AGED 49 YEARS, S/O PONNAYYA, HIGH SCHOOL ASSISTANT (TAMIL), PANCHAYATH HIGHER SECONDARY SCHOOL, VANDIPERIYAR 685 533, IDUKKI 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, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, IDUKKI AT THODUPUZHA. 3. THE DISTRICT EDUCATIONAL OFFICER, KATTAPPANA, IDUKKI DISTRICT. GOVT.PLEADER SMT.T.B.REMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.20539/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE STATEMENT OF FIXATION OF PAY. EXT.P2: TRUE COPY OF THE LETTER NO.59402/E2/06/G.EDN. OF THE GOVERNMENT. EXT.P3: TRUE COPY OF THE REVIEWPETITION FILED BEFORE THE GOVERNMENT. EXT.P4: TRUE COPY OF THE LETTER NO.E5/784/08 OF THE DEPUTY DIRECTOR OF EDUCATION. EXT.P5: TRUE COPY OF THE DECISION REPORTED IN 2002(1) KLT 157. EXT.P6: TRUE COPY OF the ANNEXURE III OF G.O.(P) NO.600/1993/FIN. OF THE GOVERNMENT. EXT.P7: TRUE COPY OF THE ANNEXURE III OF G.O.(P) NO.3000/98/FIN. OF THE GOVERNMENT. EXT.P8: TRUE COPY OF THE CIRCULAR NO.59151/J2/2000/G.EDN. OF THE GOVERNMENT. EXT.P9: TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN OPNO.23261/1998 T EXT.P10: TRUE COPY OF the CIRCULAR NO.15943/B2/95/G.EDN OF THE GOVERNMENT. EXT.P11: TRUE COPY OF THE CIRCULAR NO.F4/28516/98 OF THE GOVERNMENT. EXT.P12: TRUE COPY OF THE LETTER NO.6041/K4/2001/G.EDN OF THE GOVERNMENT. EXT.P13: TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO.20914/03-M EXT.P14: TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO.10482/2004. EXT.P15: TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPCNO.35325/2005. WPC NO.20539/08 -2- EXT.P16: TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO.17135/2006-M EXT.P17: TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO.21604/2006-V. EXT.P18: TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO.11635/2008-I //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. ============== W.P.(C) NO. 20539 OF 2008 (T) ==================== Dated this the 16th day of December, 2008 J U D G M E N T The prayer in this writ petition is to quash Exts.P2 and P4 and to declare that the fixation of pay as per Ext.P1 is legal and valid. It is seen that identical cases have been considered by this court and disposed of by Exts. P13 and P14 judgments in WP(C) Nos.20914/03 and 10482/04 holding in favour of the petitioners. These two judgments have been followed in Ext.P18 judgment as well. 2. In the light of the above judgments, the petitioner is entitled to succeed. 3. Accordingly, Exts. P2 and P4 will stand set aside and Ext.P1 fixation of pay is declared to be valid. Consequential benefits shall be released as expeditiously as possible, at any rate within 8 weeks of receipt of a copy of this judgment. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp