The High Court of Kerala disposed of a writ petition filed by a promoted teacher challenging the denial of pay protection and seeking an advance increment to the pay scale of his new position as HSST.
Direction to the 1st respondent to consider the revision petition and pass appropriate orders within four months after giving the petitioner a hearing.
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.
WP(C) NO. 844 OF 2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 12TH DAY OF JANUARY 2023 / 22ND POUSHA, 1944
WP(C) NO. 844 OF 2023
PETITIONER/S:
JAIMOL MATHEW, AGED 49 YEARS W/O SOJAN JOSEPH, HIGHER SECONDARY SCHOOL TEACHER (MATHEMATICS) ST. GEORGE'S HIGHER SECONDARY SCHOOL, KATTAPPANA, IDUKKI DISTRICT- 685 515 (RESIDING AT ORATHEL HOUSE, NARIYAMPARA, IDUKKI DISTRCIT- 685 511)
BY ADVS. M.SAJJAD V.A.MUHAMMED
RESPONDENT/S:
1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM-695 001.
2 THE DIRECTOR OF GENERAL EDUCATION HIGHER SECONDARY WING, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001 3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, PALACE ROAD, KOTTAYAM- 686001 4 THE CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY, KANJIRAPPILLY DIOCESE, KOTTAYAM DISTRICT- 686 506
WP(C) NO. 844 OF 2023
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5 THE PRINCIPAL, ST. GEORGE'S HIGHER SECONDARY SCHOOL, KATTAPPANA, IDUKKI DISTRICT- 685 515 SMT. NISHA BOSE, SR. GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 844 OF 2023
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JUDGMENT
The petitioner has approached this Court challenging Exts.P4(a) and P6
to the extent of which the respondents have denied to the petitioner, the
protection of pay with protection of increment. The petitioner has sought a direction to the respondents to grant advance increment to the petitioner with effect from the date of promotion of the petitioner as HSST.
decision within a timeframe.
WP(C) NO. 844 OF 2023
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prejudice would be caused to respondents 4 and 5 if notice is dispensed with.
petition, the submissions made across the Bar, and the facts and circumstances, I am of the view that this writ petition can be disposed of at
the admission stage itself by issuing the following directions:
a) There will be a direction to the 1st respondent to take up,
consider and pass appropriate orders on Ext.P8 after affording
an opportunity of being heard, either physically or virtually, to
the petitioner herein or her authorized representative and respondents 4 and 5.
b) Orders, as directed above, shall be passed expeditiously, in
any event, within four months from the date of production of a
copy of this judgment.
c) It would be open to the petitioner to produce a copy of the
WP(C) NO. 844 OF 2023
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writ petition along with the judgment before the concerned
respondent for further action.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
NS
WP(C) NO. 844 OF 2023
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APPENDIX OF WP(C) 844/2023
PETITIONER(S) EXHIBITS :
Exhibit P-1 TRUE COPY OF THE ORDER NO. ACD.A5/4600/02/HSE DATED 27.02.2007 Exhibit P-2 TRUE COPY OF THE STATEMENT OF FIXATION OF PAY OF THE 1ST TIME BOUND HIGHER GRADE OF THE PETITIONER FROM 03.10.2009 Exhibit P-3 TRUE COPY OF THE STATEMENT OF FIXATION OF PAY OF THE 2ND TIME BOUND HIGHER GRADE OF THE PETITIONER FROM 03.10.2016 Exhibit P-4 TRUE COPY OF THE ORDER NO. B1/3848/2019/RDD/HSE DATED 31.01.2020 Exhibit P-4(a) TRUE COPY OF THE STATEMENT OF FIXATION OF PAY DATED 12.07.2021 Exhibit P-5 TRUE COPY OF THE PROPOSAL NO. 7/HSE/202021 DATED 24.06.2020 Exhibit P-6 TRUE COPY OF THE ENDORSEMENT OF THE RDD VIDE NO. B1/2468/2021 DATED 05.02.2021 Exhibit P-7 TRUE COPY OF THE LETTER NO. ACD.A3/200604/2021 HSE DATED 12.07.2021 Exhibit P-8 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 31.12.2022
RESPONDENT(S) EXHIBITS : NIL
2 issues framed by the court
Whether the writ petition challenging denial of pay protection and seeking advance increment for a promoted teacher can be disposed of at the admission stage.
Whether the 1st respondent is directed to consider the revision petition and pass appropriate orders.
Jaimol Mathew
State of Kerala
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
