High Court Kerala High Court

K.Rajan vs The Secretary General Education on 23 November, 2010

Kerala High Court
K.Rajan vs The Secretary General Education on 23 November, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 1259 of 2010(F)


1. K.RAJAN
                      ...  Petitioner

                        Vs



1. THE SECRETARY GENERAL EDUCATION
                       ...       Respondent

2. THE ASST.EDUCATIONAL OFFICER,PUNALUR.

3. THE ACCOUNTANT GENREAL (A& E)

                For Petitioner  :SRI.T.S.RAJASENAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :23/11/2010

 O R D E R
                  T.R.RAMACHANDRAN NAIR,J.
                    -------------------------------------
                    W.P.(C)No.1259 Of 2010
              -----------------------------------------------------
     DATED THIS THE 23rd DAY OF NOVEMBER, 2010

                                J U D G M E N T

The petitioner retired from the service as Headmaster of the

Government Welfare L.P.School, Valiyakavu on 30.4.1989. He

had 28 years of service as Headmaster. He became the

Headmaster of the School on 13.6.1961.

2. The petitioner was granted higher grade benefits after

10 years of service. Exhibit P1 is the copy of the G.O.(P)

No.480/89/Fin.dt.1.11.1989 providing for benefits of higher

grade to the Government employees, etc. Second higher grade is

provided as per Exhibit P2 order. It provides that such grade will

be granted on 20 years of service with effect from 16.9.1985 in

the post of Government and Primary School Headmasters,

including those who are working as Probationary

Headmaster/Headmaster prior to the introduction of

Headmaster’s scale on 1.6.1973. Later, a modified order was

issued by the Government as per Exhibit P3.

3. It is the case of the petitioner that in respect of

similarly placed persons, such benefit was granted, but the

W.P.(C)No.1259/10 -2-

benefit due to the petitioner by way of second higher grade has

not been granted. Exhibit P4 is the representation filed by the

petitioner on 6.12.2009 and Exhibit P5 is the acknowledgment

card evidencing the same. It is averred in the Writ Petition that

the petitioner had been filing representations from time to time,

dated 25.6.2002, 8.7.2004, 7.2.2006, 8.7.2008 and 16.12.2009.

It is further averred in paragraph 7 that in the case of PD

Teachers and other categories of employees on completion of 20

and 25 years of service, they were already granted sanction by

the Government and accordingly, the petitioner is also entitled

for second and third higher grade on completion of 20 and 25

years.

4. The Assistant Educational Officer has filed a counter

affidavit. There is no counter affidavit from the part of the

Government. The petitioner’s claim will have to be considered by

the Government. In that view of the matter, as no orders have

been passed on the representations filed by the petitioner so far,

there will be a direction to the 1st respondent to take a decision

on Exhibit P4 representation after notice to the petitioner within a

period of two months from the date of receipt of a copy of this

W.P.(C)No.1259/10 -3-

judgment. The entitlement of the petitioner for second higher

grade based on Exhibits P2 and P3 will be considered and if found

eligible due benefits will be sanctioned and disbursed to him

accordingly, since he had retired from service as early as in 1989.

The Writ Petition is disposed of as above.

T.R.RAMACHANDRAN NAIR, JUDGE.

dsn