Disposed¶45

K G Beena v. State of Kerala

Kerala HC3 Apr 2025WP(C)/10623/2025

Case brief

AI extract

What is this about?

Keywords: pay fixation; date of increment; increment shift; Rule 28A Part I KSR; higher scale of pay; lower scale of pay; by-transfer appointment; HSST (Junior) Political Science; HSA (Maths); SNDP Yogam Schools; corporate management; loss of one increment 2017; Ext.P2 fixation sanctioned 30.06.2021; Ext.P3 representation 03.09.2024; W.P.(C) No.14753 of 2020; W.A.No.1556 of 2021; Division Bench upheld; direction to consider representation within four months; Kerala High Court 2025; Justice N.NAGARESH; single judge; service matter.

What did the court decide?

Direction to the 1st respondent to consider Ext.P3 representation submitted by the petitioner and take an appropriate decision thereon in the light of the law laid down in W.A.No.1556 of 2021, within a period of four months. ¶45

K G Beena Vs State of Kerala — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the shifting of the petitioner's date of increment from 01.06.2017 to 01.02.2018 upon her appointment as HSST (Junior), a post carrying a lower scale of pay than HSA (Maths), causing loss of one increment in 2017, is an anomaly requiring correction. +1 more

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Court's answer

Going by Rule 28A of Part I of KSR, where the appointment is effected to a post having higher scale of pay, the higher scale is sanctioned from the date of promotion and the next increment in the promoted post is to be granted one year thereafter.

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Ratio / Principle

In the petitioner's case, HSST (Junior) carried a lower scale of pay than her pay as HSA (Maths); therefore there was no sanction of higher scale of pay, her pay remained the same, and there was no need for changing her date of increment to one year after her appointment as HSST (Junior).

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Key takeaways

As a result of the change of her date of increment to 01.02.2018, the petitioner lost one increment in the year 2017, and pointing out this anomaly she preferred Ext.P3 representation.ratio¶30
The legal issue involved being covered in favour of the petitioner, the writ petition is disposed of directing the 1st respondent to consider Ext.P3 representation and take a decision thereon in the light of judgment in W.A.No.1556 of 2021, within four months.ratio¶39-40

Detailed headnote1 paragraphs

KG BEENA v. STATE OF KERALA & ORS., W.P.(C) No.10623/2025 (2025:KER:28717), High Court of Kerala at Ernakulam, decided 03.04.2025 by Justice N.NAGARESH — Pay fixation/increment anomaly. Proceeding on Rule 28A of Part I KSR (higher scale sanctioned from date of promotion, next increment one year thereafter, where appointment is to a post with higher scale of pay), the Court reasoned that the petitioner, a by-transfer appointee as HSST (Junior) Political Science from HSA (Maths) on 17.02.2017 under SNDP Yogam corporate management, moved to a post with a LOWER scale of pay, her pay remained the same, and hence there was no need to shift her date of increment from 01.06.2017 to 01.02.2018; the shift caused loss of one increment in 2017. Holding the issue covered in her favour by the judgment in W.A.No.1556 of 2021 (which upheld the single-judge decision in W.P.(C) No.14753 of 2020 granting pay-fixation benefit), the Court disposed of the writ petition directing the 1st respondent to consider Ext.P3 representation and take a decision within four months.

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2025:KER:28717

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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 N.NAGARESH

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THURSDAY, THE 3^RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947

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WP(C) NO. 10623 OF 2025

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PETITIONER:

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KG BEENA, AGED 52 YEARS, W/O. C S SAJEEV, HSST(JR) (POLITICAL SCIENCE), SNDP HIGHER SECONDARY SCHOOL ADIMALI AMBALAPPADI, ADIMALI, IDUKKI DISTRICT, PIN - 685561

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BY ADVS. K.B.GANGESH SMITHA CHATHANARAMBATH ATHIRA A.MENON HARISANKAR.K.V.

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

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2 DIRECTOR OF GENERAL EDUCATION (HIGHER SECONDARY), DIRECTORATE OF GENERAL EDUCATION JAGATHI, THIRUVANANTHAPURAM, PIN - 695014

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3 THE REGIONAL DEPUTY DIRECTOR, OFFICE OF THE REGIONAL DEPUTY DIRECTOR, ERNAKULAM, SRV SCHOOL BUILDING 3, SRV RD, ERNAKULAM SOUTH, ERNAKULAM, PIN - 682011

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2025:KER:28717 W.P.(C) No.10623/2025 : 2 :

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BY ADV. SMT.ANIMA M., GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.10623/2025

2025:KER:28717

: 3 :

JUDGMENT

Dated this the 3^rd day of Apri l, 2025

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The petitioner was appointed as HSST (Junior) in Political Science under the corporate management of SNDP Yogam Schools by way of by transfer appointment from the post of HSA (Maths) on 17.02.2017. First increment was granted to the petitioner in the post of HSST (Junior) on 01.06.2017. Fixation of the petitioner's pay in the post of HSST (Junior) was sanctioned by the 3^rd respondent upon shifting the date of 1^st increment of the petitioner from 01.06.2017 to 01.02.2018. On 03.09.2024, the petitioner sent request to the 1^st respondent to correct the anomaly in fixation of her pay as HSST (Junior).

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The date of increment is shifted to the date of

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promotion only in a case where the appointment is effected to a

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W.P.(C) No.10623/2025

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2025:KER:28717

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: 4 :

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post having higher Scale of Pay. In such cases, going by Rule 28A of Part I of KSR, higher Scale of Pay is sanctioned from the date of promotion and next increment in the promoted post is to be granted one year thereafter.

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As far as the petitioner is concerned, her yearly increment as HSA (Maths) was due on 1^st of June every year. She was appointed as HSST (Junior) by way of by transfer appointment on 17.02.2017. In this case, HSST (Junior) had a lower Scale of Pay when compared to her pay as HSA (Maths). Therefore, there was no sanction of higher Scale of Pay. In fact her pay remained the same. Therefore, there was no need for changing her date of increment to one year after her appointment as HSST (Junior).

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As a result of change of her date of increment from 01.06.2017 to one year after the date of her appointment as HSST (Junior) to 01.02.2018, the petitioner has lost one increment in the year 2017. Pointing out the aforesaid anomaly,

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2025:KER:28717

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W.P.(C) No.10623/2025

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: 5 :

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the petitioner has preferred Ext.P3 representation to the 1^st respondent. The said representation remains unattended, contended the petitioner.

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I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.

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The grievance regarding fixation of pay and

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increment was considered by this Court in another writ petition W.P.(C) No.14753 of 2020 and a learned single judge of this Court came to the conclusion that the pay fixation benefit has to be granted to the petitioner therein and the date of increment

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has to be advanced. The said judgment was upheld by a Division Bench of this Court in W.A.No.1556 of 2021.

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As the legal issue involved in this case is covered in

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favour of the petitioner, this wirt petitoin can be disposed of directing the 1^st respondent to consider Ext.P3 representation

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2025:KER:28717

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W.P.(C) No.10623/2025

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: 6 :

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and take a decision thereon in the light of judgment in W.A.No.1556 of 2021 of this Court.

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The writ petition is accordingly disposed of directing the 1^st respondent to consider Ext.P3 representation submitted by the petitioner and take appropriate decision thereon in the light of the law laid down by this Court in W.A.No.1556 of 2021. A decision in this regard shall be taken within a period of four

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months.

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Sd/-

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N. NAGARESH JUDGE

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W.P.(C) No.10623/2025

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2025:KER:28717

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: 7 :

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APPENDIX OF WP(C) 10623/2025

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PETITIONER'S EXHIBITS:

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Exhibit P1

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THE RELEVANT PAGES OF THE SERVICE BOOK OF THE PETITIONER EVIDENCING CORRECTION OF HER DATE OF YEARLY INCREMENT

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Exhibit P2 FIXATION OF THE PETITIONER’S PAY IN THE POST OF HSST (JR) AS SANCTIONED BY THE 3RD RESPONDENT ON 30.06.2021

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Exhibit P3 TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER TO THE 1ST RESPONDENT WITH THE COVERING LETTER OF THE PRINCIPAL, SNDP HIGHER SECONDARY SCHOOL, ADIMALI DATED 03.09.2024,

K G Beena v. State of Kerala

Case brief

What is this about?

What did the court decide?

K G Beena v. State of Kerala

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

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Procedural history

Parties & counsel

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