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T.T.Rajan v. the State of Kerala

Kerala HC23 Nov 2010WP(C)/23827/2008

Case brief

AI extract

What is this about?

The High Court quashed the audit objection regarding pay fixation anomaly for school teachers. Relying on a precedent that quashed a circular contradicting the Pay Revision Order 1998, the court held the petitioners entitled to benefits and directed the Assistant Educational Officer to pass consequential orders within three months.

What did the court decide?

Exhibit P3 audit objection quashed insofar as it relates to the petitioners; consequential orders directed to be passed within three months.

T.T.Rajan Vs the State of Kerala — Pension and Retirement Benefits | Kerala HC (2010)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE K.T.SANKARAN

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TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932

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WP(C).No. 23827 of 2008(J)

PETITIONER(S):

T.T. RAJAN, AGED 42 YEARS,

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S/O CHEKKAYI, UPPER PRIMARY SCHOOL ASSISTANT, A.M.U.P. SCHOOL, KUTTITHARAMMEL,VENGARA, MALAPPURAM DISTRICT.

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N.P. RAVI, AGED 48 YEARS, S/O ACHU UPPER PRIMARY SCHOOL ASSISTANT,A.M.U.P. SCHOOL, KUTTITHARAMMEL, VENGARA MALAPPURAM DISTRICT.

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BY ADV. SRI.V.A.MUHAMMED

SRI.K.E.HAMSA

RESPONDENT(S):

THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.

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THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM DISTRICT.

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THE ASSISTANT EDUCATIONAL OFFICER, VENGARA, MALAPPURAM DISTRICT.

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THE HEADMASTER, A.M.U.P. SCHOOL, KUTTITHARAMMEL, VENGARA, MALAPPURAM DISTRICT.

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GOVERNMENT PLEADER SRI.T.T.MUHAMOOD

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.T.SANKARAN, J.

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W.P.(C).No.23827 of 2008

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Dated this the 23^rd day of November, 2010

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JUDGMENT

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Exhibit P3 audit objection dated 17.5.2008 is under challenge in this Writ Petition. It is submitted that the issue involved in the Writ Petition is covered by Exhibit P19 judgment in W.P.(C) No.25435 of 2008.

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Exhibit P3 audit objection was raised on the basis of Circular No.59151/J2/2000/G.Edn. dated 17.5.2002. In the judgment dated 7^th August, 2006 in W.P.(C) No.20914 of 2003, it was held that the said Circular cannot have the effect of amending a Notification and that too with retrospective effect. It was held that the pay fixed before the issue of the Circular could not be revised based on the Circular issued later in point of time. Accordingly, the audit objection was held to be unfounded. After the judgment in W.P.(C) No.20914 of 2003 was passed, Circular No.26790/J2/07/G.Edn. dated 23^rd June 2009 was issued. The Circular is extracted below :

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W.P.(C) No.23827/2008

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“ CIRCULAR

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Sub:-General Education - Teaching Staff - Junior
Senior Anomaly in Pay Fixation-Modified
instruction- Issued

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Ref:- Circular No. 59151/ J2/ 2000/ G.Edn.
Dated 17.5.2002

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As per the reference cited Government
have clarified that integrated/combined
seniority list of teachers maintained for
promotion to the post of Head Master/Head
Mistress cannot be a parameter for the
purpose of fixation of pay and pay of a
senior belonging to any of the category
cannot be stepped up to the level of pay of
the junior in another category since Junior
Language Teacher, Primary Department
Teacher, High School Assistant (Language)
and High School Assistant(core subjects)
belong to four different categories.

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Now it has come to the notice of
Government that the Hon'ble High Court in
many judgments (eg. judgments in WP(C)
Nos.20914/03,10482/04,35325/05&
21604/06) observed that the directions
contained in the Circular read above is
contrary to the Pay Revision Order 1998 and
the Hon'ble High Court quashed Para 2 of
the Circular. Also as per Rule 34 of
Chapter XIV A KER, every management shall
prepare and maintain a staff list otherwise
called the seniority list of teachers
specified thereunder for promotion to the
post Head Master/Head Mistress.

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In the circumstances, it is clarified
that the above seniority list will be the
criteria for rectifying junior senior
anomaly in pay fixation, with effect from
the Pay Revision Order 1998.

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W.P.(C) No.23827/2008

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The Circular read above stands modified to this

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extent. ”

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The judgment in W.P.(C) No.20914 of 2003 was followed in W.P.(C) No.25435 of 2008, that is, Exhibit P19.

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In view of Exhibit P19 judgment, the petitioner is entitled to the same benefits. Accordingly, Exhibit P3, in so far as it relates to the petitioners, is quashed. The Assistant Educational Officer shall pass consequential orders, at the earliest and, at any rate, within a period of three months from the date of receipt of a copy of the judgment.

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K.T.SANKARAN

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JUDGE

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csl

T.T.Rajan v. the State of Kerala

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T.T.Rajan v. the State of Kerala

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