Allowed

Muraleedharan C.A. v. State of Kerala

Kerala HC8 Dec 2017WP(C)/36495/2017

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition filed by a Headmaster claiming time-bound higher grades under specific Government Orders. Following earlier precedents, the court directed the Assistant Educational Officer to grant the higher grades after 10 and 20 years of service and disburse arrears within a month.

What did the court decide?

Directed the 2nd respondent to grant higher grades after 10 and 20 years of service and disburse arrears within one month.

Muraleedharan C.A. Vs State of Kerala — Pension and Retirement Benefits | 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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FRIDAY, THE 8TH DAY OF DECEMBER 2017/17TH AGRAHAYANA, 1939

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WP(C).No. 36495 of 2017 (J)

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PETITIONER:

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MURALEEDHARAN .C.A.,

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AGED 49 YEARS, S/O.KUNJIRAMAN, MADHUJITHAM, KUNNOTH, PATTANNUR, KANNUR, PIN - 670 595, NOW WORKING AS HEADMASTER, DESAMITHRAM L.P. SCHOOL, MUTTANNUR, PATTANNUR, KANNUR DIST.

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BY ADV. SRI.V.M.KRISHNAKUMAR

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RESPONDENT(S):

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

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2. ASSISTANT EDUCATIONAL OFFICER, MATTANNUR, KANNUR DIST., PIN - 670 702.

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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 08-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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mbr/

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WP(C).No. 36495 of 2017 (J)

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXHIBIT P1:	TRUE COPY OF THE JUDGMENT IN W.A.NO.1507/2012 DATED 05.07.2016.
EXHIBIT P2:	TRUE COPY OF THE JUDGMENT IN W.P.(C)NO. 27894/2017 DATED 25.09.2017.
EXHIBIT P3:	TRUE COPY OF G.O.(P)NO.3000/1998/FIN DATED 25.11.1998.
EXHIBIT P4:	TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER AS LPSA DATED 22.06.1987.
EXHIBIT P4(A)	: TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER AS HEADMASTER DATED 01.04.1989.
EXHIBIT P5:	TRUE COPY OF THE G.O(P) NO. 242/2009/129/FIN.DATED 26.06.2009.
EXHIBIT P6:	TRUE COPY OF RELEVANT PAGES OF THE GO(P) NO. 145/2006 DATED 25.03.2006.
EXHIBIT P7:	TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 15.10.2017.
RESPONDENTS'	EXHIBITS : NIL.

//TRUE COPY//

P.S. TO JUDGE

mbr/

ANU SIVARAMAN, J. -------------------------------W.P.(C).No.36495 of 2017

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Dated this the 8^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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The petitioner, who is working as Headmaster, claimed time bound higher grade in accordance with the pay revision orders issued as per G.O.(P)No.3000/98/Fin dated 25.11.1998 and G.O.(P)No.145/2006/Fin dated 25.3.2006. As per those orders, first time bound higher grade is admissible to LP/UP School Headmasters on completion of 10 years of service and the second higher grade on completion of 20 years of service.

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This Court has already considered similar claim of Headmasters in W.A.No.1577 of 2010 and connected cases dated 5.7.2016 and in the judgment dated 15.11.2016 in W.P(C).No.33830 of 2016, following the Division Bench judgment and has issued directions allowing the claim of similarly situated Headmasters.

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In the above circumstances, the petitioner, will also be entitled to time bound higher grades on completion of 10 years of service and on 20 years of service respectively in the post of Headmaster in accordance with G.O.(P)No.3000/98/Fin

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dated 25.11.1998 and G.O.(P)No.145/2006/Fin dated

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W.P.(C).No. 36495 of 2017

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25.3.2006. Exhibit P7 is the application preferred by the

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petitioner before the 2^nd respondent for grant of higher grade.

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In the result, this writ petition is disposed of directing the

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2^nd respondent to take up Ext.P7, consider and pass orders granting the higher grades on completion of 10 years and 20 years of service in the post of Headmaster within three months from the date of receipt of a copy of this judgment. Arrears shall be calculated and disbursed to the petitioner within a period of one month thereafter.

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Sd/- ANU SIVARAMAN JUDGE

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rmm

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// True Copy//

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P.A. To Judge

Muraleedharan C.A. v. State of Kerala

Case brief

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Muraleedharan C.A. v. State of Kerala

Case brief

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