Allowed

Haridas G.R. v. State of Kerala

Kerala HC4 Dec 2017WP(C)/37162/2017

Case brief

AI extract

What is this about?

The Kerala High Court allowed a Headmaster's writ petition seeking time-bound higher grades based on Government Orders. The court directed the respondent authorities to consider the petitioner's application for grade enhancement within two weeks and pay arrears within a month thereafter.

What did the court decide?

Directed respondent to consider application for grade enhancement within two weeks and pay arrears within one month thereafter.

Haridas G.R. 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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MONDAY, THE 4TH DAY OF DECEMBER 2017/13TH AGRAHAYANA, 1939

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WP(C).No. 37162 of 2017 (U)

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PETITIONER(S):

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HARIDAS G.R., AGED 54 YEARS, S/O.V.RAGHAVAN PILLAI, HEAD MASTER, INCHAKKADU L.P.SCHOOL, MYLOM P.O., KOLLAM DISTRICT 691 560, RESIDING AT SREE VINAYAKA, ODANAVATTOM P.O., KOLLAM 691 512.

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BY ADVS.SRI.ELVIN PETER P.J. SRI.T.G.SUNIL (PRANAVAM) SRI.K.R.GANESH

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RESPONDENT(S):

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

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2. THE ASSISTANT EDUCATIONAL OFFICER, KULAKADA, KOLLAM DISTRICT 691 521.

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BY GOVERNMENT PLEADER SMT NISHA BOSE.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Hr.

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WP(C).No. 37162 of 2017 (U)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE RELEVANT EXTRACT OF THE SERVICE BOOK OF THE PETITIONER WITH THE ENDORSEMENT OF THE AEO DT. 27/01/1990.

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EXHIBIT P2 TRUE COPY OF THE RELEVANT EXTRACT OF THE SERVICE BOOK OF THE PETITIONER WITH THE ENDORSEMENT OF THE AEO DT. 9/10/1995.

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EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 26/7/2017 IN WPC NO.17475/2017.

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EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 21/7/2017 IN WPC NO.19514/2017.

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RESPONDENT(S)' EXHIBITS

NIL

// TRUE COPY//

P.S TO JUDGE.

Hr.

ANU SIVARAMAN, J.

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W.P(C).No. 37162 of 2017

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Dated this the 4^th day of December, 2017

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JUDGMENT

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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, who is working as Headmaster of Inchakkadu L.P.School, Mylom,Kollam 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.

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WP(C).37162/17 2 (P)No.3000/98/Fin dated 25.11.1998 and G.O.(P)

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No.145/2006/Fin dated 25.3.2006.

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In the result, this writ petition is disposed of directing that if the petitioner prefer application for the grant of 10 and 20 years time bound higher grade 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 same within three months from the date of receipt of the application. Arrears shall be calculated and disbursed to the petitioner within a period of one month thereafter.

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ANU SIVARAMAN

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vgs6/12

Haridas G.R. v. State of Kerala

Case brief

What is this about?

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Haridas G.R. v. State of Kerala

Case brief

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