Court disposed of writ petitions seeking pay parity for retired principals based on prior judgments, directing respondents to step up the petitioners' pay matching juniors within four months.
Necessary steps shall be taken to step up the pay of the petitioners at par with juniors within four months.
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
THURSDAY, THE 13TH DAY OF SEPTEMBER 2018 / 22ND BHADRA, 1940
WP(C).No.10039 of 2018
PETITIONER/S:
DR. JAYASENAN. G.,
S/O.GOPINATHAN P., AGED 56 YEARS, PRINCIPAL (RETIRED), SREE NARAYANA COLLEGE, PUNALUR, KOLLAM, RESIDING AT B- 2, LEELA SHELTERS, PUNNEN ROAD, STATUE, THIRUVANANTHAPURAM-695001.
BY ADVS. SRI.S.MUHAMMED HANEEFF SRI.M.H.ASIF ALI
RESPONDENT/S:
1 DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOLLAM-691001.
3 THE ACCOUNTANT GENERAL (A & E), OFFICE OF THE ACCOUNTANT GENERAL (A & E),THIRUVANANTHAPURAM -695001.
4 STATE OF KERALA, REP. BY ITS SECRETARY TO THE GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13.09.2018, ALONG WITH WP(C).25060/2018, WP(C).8283/2018, WP(C).8171/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.10039/2018 & conn.cases 2
JUDGMENT
The petitioners in all these writ petitions have
approached this Court seeking similar prayers to correct
anomaly in implementing the Government Order dated 27.03.2010 (G.O.(P) No.58/2010/H.Edn. dated 27.03.2010). The petitioners' case is that juniors are
drawing higher salary and therefore, their pay should be stepped up at par with juniors. The similarly situated persons have approached this Court in W.P.(C) No.5282/2016 and connected matters. This Court disposed the said writ petitions on 27.10.2016 and directed the Government to step up the pay at par with the pay fixed with the juniors in the service. The State, aggrieved by the said direction, approached the Division Bench by filing W.A.No.488/2017. The said writ appeal was dismissed. The State also moved the Hon'ble
Supreme Court in a Special Leave Petition. That was
WP(C).No.10039/2018 & conn.cases 3
declined with liberty to seek review. The review petition
was also dismissed.
In the light of the facts and circumstances as
above, the matter is concluded in favour of the
petitioners in the judgments referred as above. Therefore, necessary steps shall be taken to step up the
pay of the petitioners in the light of the judgments
referred as above within a period of four months.
These writ petitions are disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
APPENDIX IN W.P.(C) NO.10039/2018
PETITIONER'S/S EXHIBITS:
EXHIBIT P1
A TRUE COPY OF THE RELEVANT EXTRACT OF G.O. (P)NO.171/99/H.EDN. DATED 21.12.1999.
EXHIBIT P2 A TRUE COPY OF THE RELEVANT EXTRACTS OF G.O. (P)NO.58/2010/H.EDN. DATED 27.03.2010.
EXHIBIT P3 A TRUE COPY OF THE DETAILS OF PAY AND SERVICE OF THE PETITIONER AND HIS JUNIOR IN SERVICE.
EXHIBIT P4 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C) NO.26857/2015 AND CONNECTED CASES DATED 27.10.2016.
WP(C).No.10039/2018 & conn.cases 4
EXHIBIT P5 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.A.1064/2017 DATED 08.06.2017. EXHIBIT P6 A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.A.NO.488/2017 DATED 06.06.2017. EXHIBIT P7 A TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME COURT OF INDIA IN SLP(C)NO.37304/17 DATED 24.11.2017.
RESPONDENTS EXHIBITS:NIL.
ln
2 issues framed by the court
Whether the pay of retired principals should be stepped up at par with juniors based on earlier judgments.
Whether necessary steps shall be taken to ensure pay parity within four months.
1 provisions across 1 enactments
DR. JAYASENAN. G.
DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOLLAM
DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM
THE ACCOUNTANT GENERAL (A & E), THIRUVANANTHAPURAM
STATE OF KERALA
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
