IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 2ND NOVEMBER 2007 / 11TH KARTHIKA 1929 OP.No. 2631 of 2000(L) ---------------------- PETITIONER: ------------ 1. ANSAMMA K.GEORGE, P.D. TEACHER, GOVT. L.P.S. MANAGAYIL, TRIPUNITHURA SUB DISTRICT 2. K.U.JOSEPH, P.D.TEACHER, GOVT.J.B.S.POOTHOTTA, TRIPUNITHURA SUB DISTRICT 3. K.M.KAYIKUTTY, P.D.TEACHER, GOVT. J.B.S. POOTHOTTA, TRIPUNITHURA SUB DISTRICT 4. K,A. MARY, P.D.TEACHER, GOVT.UPS, KARICODE, TRIPUNITHURA SUB DISTRICT 5. P.THANKAMANI AMMA, P.D. TEACHER GOVT.K.M.UPS. EROOR TRIPUNITHURA, SUB DISTRICT 6. A.V.ANNAMMA, HEADMISTRESS, GOVT.UPS.KEECHERY, TRIPUNITHURA SUB DISTRICT 7. K.K.OMANA, MUSIC TEACHER, GOVT.UPS. KEECHERY, TRIPUNITHURA, SUB DISTRICT 8. V.S.REMANI., P.D.TEACHER, GOVT.UPS. KEECHERY, TRIPUNITHURA SUB DISTRICT 9. T.K.SAROJINI, P.D.TEACHER GOVT.K.M.UPS, EROOR, TRIPUNITHURA SUB DISTRICT 10. K.R.THANAKAMMA, P.D. TEACHER, GOVT.LPS. ALAPURAM, KOOTHATTUKULAM SUB DISTRICT 11. V.R.VALSALAKUMARI, P.D. TEACHER, GOVT.UPS, BRAHMAMANGALAM, VAIKOM SUB DISTRICT 12. C.K.LEELA, PHYSICAL EDUCATION TEACHER, GOVT. UPS, BRAHMAMANGALAM, VAIKOM SUB DISTRICT 13. P.R.LALITHAMBIKA, P.D.TEACHER, GOVT.UPS BRAHMAMANGALAM, VAIKOM SUB DISTRICT 14. ELIAS P. JOSEPH, RETIRED PHYSICAL EDUCATION TEACHER, GOVT.H.S.MULANTHURUTHY, EKM. BY ADV. SRI.P.P.JACOB OP.No. 2631 of 2000 -2- RESPONDENTS: ------------- 1. THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION (L) DEPARTMENT GOVT. SECRETARIAT, TVM. 2. STATE OF KERALA REP. BY THE CHIEF SECRETARY TO GOVERNMENT, GOVT. SECRETARIAT, TVM. 3. ASSISTANT EDUCATIONAL OFFICER, TRIPUNITHURA BY GOVERNMENT PLEADER SRI.T.T. MAHMOOD THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 02/11/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 2631 of 2000 APPENDIX PETITIONER'S EXHIBITS EXT.P1- TRUE COPY OF GOVERNMENT ORDER BEARING NO.G.O.(P) 1480/99/FIN DATED 17.6.99 EXT.P2- TRUE COPY OF GOVT. ORDER BEARING NO.GO.(Rt) 3767/99 GE DATED 6.8.99 EXT.P3- TRUE COPY OF GOVT. ORDER BEARING NO.G.O.(RT) 4076/99 GE DATED 4.9.99 EXT.P4- TRUE COPY OF REP. SUBMITTED BY THE 1ST PETITIONER BEFORE THE THIRD RESPONDENT DATED 12.10.99 EXT.P5- TRUE COPY OF REP. SUBMITTED BY THE 2ND PETITIONER BEFORE THE THIRD RESPONDENT DATED 8.10.99 EXT.P6- TRUE COPY OF GOVT. ORDER BEARING NO.G.O.(P)2196/99/FIN DATED 9.1.99 EXT.P7- TRUE COPY OF REP. SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT DATED 3.1.00 (TRUE COPY) P.A TO JUDGE S.SIRI JAGAN, J ------------------- O.P. 2631/2000 -------------------- Dated this the 2nd day of November, 2007 JUDGMENT The petitioners are Government school teachers who joined Government service after putting in service in aided schools. They are seeking fixation of their pay in Government service taking into account their aided school service also. According to them, as per Ext.P1 they are entitled to have aided school service also reckoned for the purpose of fixation of pay on entering Government service. 2. The learned Government Pleader submits that Ext.P1 was kept in abeyance as per Ext.P6 and later on Ext.P1 was cancelled by G.O. 990/00/Fin. dated 27.6.2000. The validity of that cancellation was challenged before this Court in W.A. 2052/2002 and the cancellation was upheld with the rider that amounts already drawn need not be refunded. In this case, petitioners were not granted the benefit as per Ext.P1 at all and, therefore, question of refund does not arise. O.P.2631/2000 2 3. In view of the fact that Division Bench of this Court has upheld the cancellation of Ext.P1, nothing survives in this writ petition and the same is accordingly dismissed. S.SIRI JAGAN Judge mrcs