The High Court of Kerala reviewed an appeal against the Administrative Tribunal's rejection of a petition by a school assistant seeking a higher grade upon completing 35 years of service. The court upheld the Tribunal's finding that no such benefit exists in the State and dismissed the petition.
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 K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 11TH DAY OF NOVEMBER 2019 / 20TH KARTHIKA, 1941
OP(KAT).No.4706 OF 2013(Z)
AGAINST THE ORDER/JUDGMENT IN OA 1062/2013 DATED 26-08-2013 OF KERALA ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM
PETITIONER/S:
K.R.KUNJUKRISHNA PILLAI
S/O.N.KUNJAN PILLAI, KARAL VEEDU, VENGA P.O., SASTHAMCOTTA, KOLLAM DISTRICT-690 569.
BY ADV. SRI.AJAYA KUMAR. G
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY, DEPARTMENT OF GENERAL EDUCATION, THRIUVANANTHAPURAM-695 001.
2 THE DEPUTY DIRECTOR OF EDUCATION KOLLAM-691 013.
3 THE PRINCIPAL GOVERNMENT HIGHER SECONDARY SCHOOL, KARUNAGAPALLY, KOLLAM DISTRICT-690 518.
R1-3 BY GOVERNMENT PLEADER
OTHER PRESENT:
SR.GP SRI.ANTONY MUKKATH
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 11.11.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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OP(KAT) No.4706 of 2013
JUDGMENT
Dated, this the 11th day of November, 2019
Vinod Chandran, J.
The applicant before the Tribunal who is the petitioner herein claimed a further grade on completion of 35 years as an Upper Primary School Assistant and a High School Assistant; which claim was rejected by the Tribunal finding such a benefit to be non existing. The applicant was granted the benefit of higher grade on two occassions when he completed 23 years and 30 years respectively on 31.05.1983 and 01.07.1990, counting the prior service as Primary School Assistant in an aided school.
2. The Tribunal according to us rightly found that there was no benefit of higher grade on completion of 35 years of service in the State. Reliance placed on Annexure A6 was also rejected fnding any dictum as such being absent
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in the said decision. We have gone through Annexure A6 and find that reliance had been placed on a Division Bench decision reported in 2004(2) KLT 1090(Secretary to Government v. Mary) . Mary was only on the aspect of consideration of the periods spend as Upper Primary School Assistant for the purpose of higher grade. A Full Bench had held against such consideration which was found by the Division Bench to be only as per the extent notifications. The Government having subsequently provided for such a higher grade reckoning service as Primary School Assistant also, there was no defect in such a higher grade being granted was the clear finding. This does not have any parallel with the claim raised here.
3. The applicant's service both as a Primary School Assistant and High School Assistant was reckoned for the purpose of granting two higher grades. He seeks a further grant of higher grade on completion of 35 years,
OP(KAT) No.4706 of 2013
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which is non existant.
The original petition would stand
dismissed. There is no order as to costs.
Sd/K. Vinod Chandran, Judge
Sd/V.G. Arun, Judge
jma
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OP(KAT) No.4706 of 2013
APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE A1 TRUE COPY OF GO(RT)NO.4216/96/G.EDN.DT.24/12/1996 ISSUED BY THE 1ST RESPONDENT
ANNEXURE A2 TRUE COPY OF JUDGMENT DT. 4/3/2005 IN OP NO.10083/2006 OF THIS HON'BLE COURT ANNEXURE A3 TRUE COPY OF GO. (RT)NO.1177/2006/G.EDN.DT.18/3/2006 ISSUED BY THE GENERAL EDUCATION (R) DEPARTMENT, GOVT. OF KERALA
ANNEXURE A4 TRUE COPY OF JUDGMENT DT. 6/12/2011 IN WPC NO.16763/2006 OF THIS HON'BLE COURT ANNEXURE A5 TRUE COPY OF GO(RT) NO.1983/2012/G.EDN. DT.28/4/2012 ISSUED BY THE 1ST RESPONDENT
ANNEXURE A6 TRUE COPY OF JUDGMENT DT. 26/5/2006 IN OP NO.717/97 OF THIS HON'BLE COURT
ANNEXURE A7 TRUE COPY OF ORDER NO.25/2006 DATED 24/8/2006 ISSUED BY THE PRINCIPAL, GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, KOTTENKULANGARA AND CONSEQUENTIAL ORDERS
ANNEXURE A8 TRUE COPY OF JUDGMENT REPORTED IN 2004(2)KLT 1090 (SECRETARY TO GOVT. VS. MARY)
EXHIBIT P1 EXHIBIT P1.TRUE COPY OF THE ORIGINAL APPLICATION IN OA NO.1062/2013 ALONG WITH THE ANNEXURES.
EXHIBIT P2 EXHIBIT P2.TRUE COPY OF THE REPLY STATEMENT DATED 14/09/2012.
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OP(KAT) No.4706 of 2013
EXHIBIT P3 EXHIBIT P3.TRUE COPY OF THE REJOINDER FILED BY THE PETITIONER DATED 15/1/2013. EXHIBIT P4 EXHIBIT P4.TRUE COPY OF THE ADDL. REPLY STATEMENT DATED 29/7/2013. EXHIBIT P5 EXHIBIT P5.TRUE COPY OF THE ORDER DATED 26/8/2013 IN OA NO.1062/2013.
2 issues framed by the court
Whether the petitioner is entitled to a further grant of higher grade on completion of 35 years of service as an Upper Primary and High School Assistant.
Whether the benefit of higher grade on completion of 35 years of service in the State exists.
Colour shows how this judgement treated each authority
Secretary to Government v. MaryReferred¶29
2004(2) KLT 1090 (Secretary to Government v. Mary)
K.R.KUNJUKRISHNA PILLAI
STATE OF KERALA
THE DEPUTY DIRECTOR OF EDUCATION KOLLAM
THE PRINCIPAL GOVERNMENT HIGHER SECONDARY SCHOOL, KARUNAGAPALLY
K.VINOD CHANDRAN
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
