Partly allowed

Sajith.T.a v. State of Kerala

Kerala HC5 Dec 2017WP(C)/34783/2017

Case brief

AI extract

What is this about?

This writ petition concerned entitlement to higher grade pay for Primary School Headmasters/Headmistresses in Kerala. The Court held that eligible petitioners with 8 years of service are entitled to the higher grade bajoonding G.O.(P) No.145/2006 and G.O.(P) No.242/2009. Cases lacking the required service period were disqualified.

What did the court decide?

Petitioners 1, 2, 3, 5 and 6 directed to apply for first higher grade within two weeks; Second respondent to order within three months and disburse benefits within one month.

Sajith.T.a Vs State of Kerala — Service and Employment | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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TUESDAY, THE 5TH DAY OF DECEMBER 2017/14TH AGRAHAYANA, 1939

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WP(C).No. 34783 of 2017 (W)

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PETITIONER(S):

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1. SAJITH.T.A,

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S/O. ABDUL KADIR T.K., AGED 41 YEARS, HEADMASTER, C.M.M.O.L.P.SCHOOL, KODUNGALLUR, KODUNGALLUR (P.O.), THRISSUR DISTRICT.

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2. N.M. SHAIJA,

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D/O. N.K. MOHAMMED, AGED 50 YEARS, HEADMISTRESS, I.M.U.P. SCHOOL, AZHICODE, AZHICODE JETTY (P.O), KODUNGALLUR, THIRSSUR DISTRICT.

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3. SHEENA O.S.

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D/O. SUKUMARAN O.A., AGED 45 YEARS, HEADMISTRESS, V.D.U.P.SCHOOL, PALIYAMTHURUTH, ANAPUZHA (P.O), THRISSUR DISTRICT.

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4. P.K. SHEEJA, D/O. P.K. KRISHNAN, AGED 52 YEARS, HEADMISTRESS, U.P.SCHOOL, KALARIPARAMBA, MATHILAKAM (P.O), THRISSUR DISTRICT.

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5. GRAZY C.T.

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D/O. THOMAS C.P., AGED 51 YEARS, HEADMISTRESS, A.M.L.P.SCHOOL, PAPPINIVATTAM EAST, MATHILAKAM (P.O), THRISSUR DISTRICT.

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6. SHEEJA A.M.,

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D/O. MAMAN A.K., AGED 51 YEARS, HEADMISTRESS, UNION L.P.SCHOOL, NARAYANAMANGALAM, PALLUT NORTH (P.O), THRISSUR DISTRICT.

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WP(C).No. 34783 of 2017 (W)

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7. SEEMA. S, D/O. E.K. SOMANATHAN, AGED 38 YEARS, HEADMISTRESS, S.S.L.P.SCHOOL, V.P.THURUTH, KOTTAPPURAM (P.O.), THRISSUR DISTRICT.

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BY ADVS.SRI.K.T.SHYAMKUMAR SRI.HARISH R. MENON

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.

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2. ASSISTANT EDUCATIONAL OFFICER, KODUNGALLUR, THRISSUR DISTRICT,PIN-670062.

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BY SENIOR GOVERNMENT PLEADER SMT.NISHA BOSE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 34783 of 2017 (W)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF GO(P)NO.242/2009/129/FIN DATED 26.06.2009.

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EXHIBIT P2 TRUE COPY OF THE GO(P)NO. 145/2006 DATED 25.03.2006. EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 34575/2010 DATED 05.07.2011.

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EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 05.07.2016 IN W.A.NO. 1519/2012 AND CONNECTED CASES.

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EXHIBIT P5 TRUE COPY OF THE ORDER DATED 30.06.2017 ISSUED BY THE 1ST RESPONDENT.

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RESPONDENT(S)' EXHIBITS - NIL

/TRUE COPY/

PS TO JUDGE

ANU SIVARAMAN, J.

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W.P.(C).No.34783 of 2017

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Dated this the 5^th day of December, 2017

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J U D G M E N T

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------------------

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Fourth and seventh petitioners in this writ petition who have not completed 8 years of service as Headmistress are not entitled to claim 8 years of higher grade service. In the above circumstances, no relief is being granted in respect of petitioners 4 and 7 in this writ petition. Petitioners 1,2, 3, 5 and 6 are Primary School Headmaster/Headmistress. They claimed that they are entitled to be granted 8 years higher grade in the post of Headmaster/Headmistress. They contend that they have completed 8 years of service in the post of Headmaster/ Headmistress.

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In the above view of the matter and in the light of Ext.P4 judgment of this Court in W.A.No.1519/2012 and connected cases which has been confirmed by the Apex Court, petitioners claim for grant of 8 years higher grade in the post of Headmaster and Headmistress as on the date when they

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W.P.(C).No.34783 of 2017 2

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completed 8 years of continuous service as Headmaster/ Headmistress.

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In the above circumstances, petitioners who are Headmaster/Headmistress of Aided LP/UP School will also be entitled to time bound higher grade on 20 years of service respectively in the post of Headmaster/Headmistress in accordance with G.O.(P) No.145/2006 Fin. dated 25.3.2006 as modified in G.O.(P) No.242/2009/(129)/Fin. dated 26.6.2009 and subsequent pay revision orders. In the above view of the matter, this writ petition is allowed in respect of petitioners 1, 2, 3, 5 and 6. Petitioners 4 and 7 will be entitled for the grant of 8 years higher grade only when they complete 8 years of service as primary school Headmistress.

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In the result, this writ petition is disposed of directing that if the petitioners 1, 2, 3, 5 & 6 file an application for the grant of first higher grade in the post of Headmaster/ Headmistress before the 2^nd respondent within two weeks from the date of receipt of a copy of this judgment, the 2^nd respondent shall take up, consider and pass orders on the application and issue orders granting the benefits within a

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W.P.(C).No.34783 of 2017

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period of three months from the date of receipt of the same.

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All the benefits due to the petitioners shall also be disbursed to

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them within one month thereafter.

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The writ petition is disposed of accordingly.

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Sd/-

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ANU SIVARAMAN JUDGE

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rmm

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// True Copy //

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P.A. To Judge

Sajith.T.a v. State of Kerala

Case brief

What is this about?

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Sajith.T.a v. State of Kerala

Case brief

What is this about?

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