IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 WP(C).No. 26012 of 2008(V) PETITIONER: A.S.VIMALANANDAN, HEADMASTER, A.U.P.SCHOOL, OORAKAM, MULLASSERY SUB DISTRICT, THRISSUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ASSISTANT EDUCATIONAL OFFICER, MULLASSERY, THRISSUR DISTRICT. BY GOVERNMENT PLEADER SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 26012 OF 2008 V -------------------------------------------- Dated this the 28th August, 2008 JUDGMENT The reliefs prayed for in the Writ Petition are the following: “(i) issue a writ of mandamus or other appropriate writ order or direction commanding the Respondents to order stepping up the pay of the Petitioner as Rs.11630/- on 3.12.2007 in par with Sri.Nandanan, Junior to the Petitioner, is drawing. (ii) declare that the Petitioner is entitled to get Junior Senior fixation as on 3.12.2007 and grant 23 years Selection Grade on completion of 23 years total service counting the service of Upper Primary School Assistant and Headmaster together. (iii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 1st Respondent to effectively consider and pass appropriate orders upon Exhibit P6 after affording an opportunity of being heard to the Petitioner within a time limit in the light of Exhibits P1 to P5 judgments. (iv) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.” 2. Learned counsel for the petitioner submits that, for the present, the petitioner would be satisfied if the first respondent is directed to consider and dispose of Ext.P6 representation. In Ext.P6 representation, the petitioner has prayed for the following reliefs: “a) issue orders stepping up the pay of the Petitioner as Rs.11630/- on 3.12.2007 on par with Sri.Nandanan who is junior to the Petitioner is drawing. b) Declare that Petitioner is entitled to get to junior senior fixation as on 3.12.2007 or W.P.(C) NO.26012 OF 2008 :: 2 :: c) Grant 23 years selection grade on completion of 23 years total service counting the service of U.P.S.A and Headmaster together.” 3. Learned Government Pleader submits that the first respondent will consider and dispose of Ext.P6 representation expeditiously. 4. Since Ext.P6 representation is pending before the first respondent, it is only proper to direct the first respondent to consider the said representation, leaving open all the contentions of the petitioner in respect of the other reliefs in the Writ Petition. Accordingly, the Writ Petition is disposed of in the following manner: a) The first respondent shall dispose of Ext.P6 representation dated 27.6.2008, after affording an opportunity of being heard to the petitioner, as expeditiously as possible and, at any rate, within a period of three months. b) Petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. c) All the contentions of the petitioner are left open. (K.T.SANKARAN) Judge ahz/