Disposed

Dr.Jeevanlal M v. Deputy Director of Collegiate Education

Kerala HC13 Sept 2018WP(C)/8171/2018

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of writ petitions where retired Principals sought correction of a salary anomaly under G.O.(P) No.58/2010/H.Edn. The Court directed the State to step up the petitioners' pay to match that of their juniors within four months, relying on earlier Supreme Court judgments.

What did the court decide?

Direct the State to step up the pay of petitioners to match juniors within four months.

Dr.Jeevanlal M Vs Deputy Director of… — Pension and Retirement Benefits | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE A.MUHAMED MUSTAQUE

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THURSDAY,THE 13TH DAY OF SEPTEMBER 2018/22ND BHADRA, 1940

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WP(C).No. 8171 of 2018

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PETITIONER/S:

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DR.JEEVANLAL M., S/O MOHANLAL, AGED 60 YEARS,PRINCIPAL (RETD.), SREE NARAYANA COLLEGE, SIVAGIRI, VARKALA RESIDING AT 'PRASHANTHI', T.C 30/1397, MOOUNMUKKU, PETTAH P.O., THIRUVANANTHAPURAM -695024.

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BY ADVS. SRI.S.MUHAMMED HANEEFF SMT.SHAIMA VAHAB SRI.M.H.ASIF ALI SRI.T.SAILESH KUMAR

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RESPONDENT/S:

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1 DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOLLAM-691001.

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2 DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM-695001.

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3 THE ACCOUNTANT GENERAL (A&E), OFFICE OF THE ACCOUNTANT GENERAL (A&E), THIRUVANANTHAPURAM-695001

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**3 STATE OF KERALA

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REP. BY ITS SECRETARY TO THE GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM -695001.

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CORRECTED

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STATE OF KERALA, REP. BY ITS SECRETARY TO THE GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM -695001

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(SERIAL NO.(3) IS CORRECTED AS (4) AS PER ORDER DATED 06.04.2018 IN I.A.NO.6566/18).

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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 13.09.2018, ALONG WITH WP(C).10039/2018, WP(C).25060/2018, WP(C).8283/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.8171/2018 & conn.cases 2

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JUDGMENT

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The petitioners in all these writ petitions have

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approached this Court seeking similar prayers to correct

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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

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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

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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

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Supreme Court in a Special Leave Petition. That was

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WP(C).No.8171/2018 & conn.cases 3

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declined with liberty to seek review. The review petition

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was also dismissed.

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In the light of the facts and circumstances as

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above, the matter is concluded in favour of the

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petitioners in the judgments referred as above. Therefore, necessary steps shall be taken to step up the

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pay of the petitioners in the light of the judgments referred as above within a period of four months.

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These writ petitions are disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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APPENDIX IN WP(C).No.8171/2018

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 A TRUE COPY OF THE RELEVANT EXTRACT OF G.O(P)NO.171/99/H.EDN DTD 21/12/1999. EXHIBIT P2 A TRUE COPY OF THE RELEVANT EXTRACTS OF G.O(P) NO. 58/2010/H.EDN DATED 27/3/2010.

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EXHIBIT P3 A TRUE COPY OF THE DETAILS OF PAY AND SERVICE OF THE PETITIONER AND HER JUNIOR IN SERVICE. EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DTD.18/01/2011.

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WP(C).No.8171/2018 & conn.cases 4

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EXHIBIT P5	A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WPC NO.26857/2015 AND CONNECTED CASES DTD.27/10/2016.
EXHIBIT P6	A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DTD. 8/01/2017 BEFORE THE 1ST RESPONDENT.
EXHIBIT P7	A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.A 1064/2017 DTD. 08/6/2017.
EXHIBIT P8	A TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.A NO.488/2017 DTD. 6/6/2017.
EXHIBIT P9	A TRUE COPY OF THE ORDER OF THE HON'BLE SUPREME COURT OF INDIA IN SLP(C) NO.37304/17 DTD. 24/11/2017.

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RESPONDENTS EXHIBITS:NIL.

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Dr.Jeevanlal M v. Deputy Director of Collegiate Education

Case brief

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Dr.Jeevanlal M v. Deputy Director of Collegiate Education

Case brief

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