Held that the petitioner, a headmaster, is entitled to higher grade and pay following a Division Bench judgment in a related writ petition, as the prior claim rejection was inconsistent.
Impugned orders set aside; petitioner granted higher pay with effect from respective dates within two months; no costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
WEDNESDAY, THE 19TH DAY OF JULY 2017/28TH ASHADHA, 1939
WP(C).No. 24444 of 2011 (E)
PETITIONER :
ASHRAPH.K.T., HEAD MASTER, AMLP SCHOOL, NADUVATTOM, PATTAMBI, PALAKKAD DISTRICT.
BY ADVS.SRI.K.JAJU BABU
SMT.DHANYA CHANDRAN
SRI.M.V.JOSEPH (ALAPPUZHA)
SMT.M.U.VIJAYALAKSHMI
RESPONDENT(S):
1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD-678 001.
3. THE DISTRICT EDUCATIONAL OFFICER, OTTAPPALAM-679 101.
4. THE ASSISTANT EDUCATIONAL OFFICER, PATTAMBI-679 303.
BY GOVERNMENT PLEADER SRI.RON BASTIAN
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-07-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
WP(C).No. 24444 of 2011 (E)
APPENDIX
PETITIONER(S) EXHIBITS
| EXT.P1 | TRUE COPY OF THE STATEMENT OF FIXATION. |
|---|---|
| EXT.P2 | TRUE COPY OF THE ORDER OF THE 4TH RESPONDENT DATED 16-09-2002. |
| EXT.P3 | TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 02/12/2005. |
| EXT.P4 | TRUE COPY OF THE JUDGMENT IN WPC NO.23382/08 AND WPC NO.19513/10 DATED 25/2/2011 OF THE HON'BLE HIGH COURT OF KERALA. |
RESPONDENTS' EXHIBITS : NIL
/TRUE COPY/
P.S.TO JUDGE
sts
A.MUHAMED MUSTAQUE, J.
========================= W.P.(C).No.24444/2011
Dated this the 19th day of July, 2017
J U D G M E N T
The short issue in this writ petition is whether the petitioner, a headmaster, is entitled for higher grade on completion of 10 years of service in that post or not in the light of the pay revision orders. The claim of the petitioner for higher grade was rejected as per Exhibits-P2 and P3.
The writ petition is disposed of as above. No costs.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE
ms
1 issue framed by the court
Whether a headmaster is entitled to higher grade on completion of 10 years of service considering pay revision orders and a prior Division Bench judgment affirming the single judge.
Ashraph.K.T.
State of Kerala
A.MUHAMMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
