IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP.No. 30622 of 1999(U)
1. M.KUNJUKUNJU
... Petitioner
Vs
1. ASST.EDUCATIONAL OFFICER
... Respondent
For Petitioner :SRI.M.V.THAMBAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :04/01/2010
O R D E R
S. Siri Jagan, J.
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O.P. No. 30622 of 1999
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Dated this, the 4th January, 2010.
J U D G M E N T
The petitioner retired from service on 31-3-1990 as a Lower
Primary School Headmaster. He joined service as a LPSA with effect
from 9-6-1961. He was promoted as Headmaster on 12-6-1961. He
was granted Headmaster’s scale with effect from 1-6-1973. The pay
of Government employees and teachers including aided school
teachers was revised with effect from 1-7-1978. The same provided
for a 20 year Higher Grade to Government servants and teachers.
Since the petitioner was not granted 20 year Higher Grade after he
completed 20 years on 11-6-1981, he submitted a representation
seeking 20 year Higher Grade. According to the petitioner, based on
that representation, Ext. P3 order was passed granting the petitioner
20 year Higher Grade and his pay was fixed as Rs. 2310/- with effect
from 1-7-1988. According to the petitioner, since with effect from 1-7-
1988 his basic pay was Rs. 2310/- and he retired from service on 31-3-
1990, he was entitled to one more increment of Rs. 80/- adding which
his basic pay at the date of retirement would be Rs. 2390/-. However,
the petitioner was given retirement benefits only on the basic pay of
Rs. 2230/-. The petitioner filed several representations. Ultimately,
the matter was referred to the Lok Adalath in which Ext. P7 order was
passed wherein the A.E.O was directed to expedite the curing of
defects in petitioner’s pension papers. Thereafter, Ext. P8 order was
passed, wherein it has been held that Ext. P3 order fixing the
petitioner’s basic pay as Rs. 2310/- is reviewed and fixation made as
per G.O(P) No. 73/98 dated 4-3-1998 is in order. According to the
petitioner, since Ext. P8 order Ext. P3 fixation has been confirmed the
petitioner would be entitled to fixation of retirement benefits on the
basis of Rs. 2390/- as his basic pay. The petitioner therefore seeks the
following reliefs:
O.P. No. 30622/99 -: 2 :-
“i. To issue a writ of certiorari or other writ or order or
direction calling for the records leading up to Ext. P10 and quash
Ext. P4, P6 and P9.
ii. to issue a writ of mandamus directing the respondents to
revise the pensionary benefits to the petitioner on the basis of the
last pay admissible to the petitioner i.e. Rs.2390/- at the time of his
retirement and pay all arrears with 18% interest.
iii. to issue a declaration that the petitioner is entitled to the
pension calculated on the basis of the last pay admissible to him at
the time of his retirement.”
2. No counter affidavit has been filed. However, the learned
Government Pleader argues in support of the fixation of retirement
benefits already given to the petitioner.
3. I have considered the rival contentions on the basis of the
exhibits produced. Ext. P3 reads thus:
“Sri. M. Kunjukunju, Rtd. Headmaster, WLPS, Kulakkada
East has requested to sanction the 2nd higher grade on completion
of 20 years in Headmaster scale as per G.O. referred one above.
Headmaster, WLPS, Kulakkada East has forwarded option
for the grade fixation submitted by the Rtd. H.M. His continuous
service begins on 12-6-61 and he is qualified for higher grade
promotion on 11-6-81. H.M. has opted for the grade w.e.f. 1-7-88.
In the above circumstances, Sri. M. Kunju Kunju, Rtd. H.M.
is sanctioned 2nd higher grade on completion of 20 years of service
in H.M. scale w.e.f. 1-7-88 in the light of G.O. read as referred (1).
His pay is fixed at Rs. 2310/- w.e.f. 1-7-88 in the scale of pay
Rs. 1450-40-1530-60-1830-80-2470-85-2725-100-2825 detailed
statement is attached.”
Ext.P8 reads thus:
“While resubmitting herewith the proposal for revision of
pension in respect of Sri. M. Kunjukunju, I may furnish as follows:
As directed in the letter cited, the pay fixed @ Rs. 346/- as
on 9-7-76 in the higher scale of Rs. 285-540 and the pay fixed @O.P. No. 30622/99 -: 3 :-
Rs. 2310/- w.e.f. 1-7-88 in the Headmaster’s second higher grade
of Rs.1450-2825 have been reviewed and found that the fixation
made as per GO(P) No. 73/98 dated 4-3-98 is in order.”
4. The petitioner would contend that Ext. P3 is the order by
which the petitioner has been granted 20 year Higher Grade. In fact,
Ext. P3 has been issued on the basis of G.O(P) No. 73/98 dated 4-3-
1998. I am of opinion that there is an obvious confusion as between
Ext. P3 and Ext. P8 caused by the word ‘review’ used there. Ext. P3
has been issued based on G.O(P) 73/98 and after saying that Ext. P3
has been reviewed, it is stated that the fixation made as per G.O(P)
73/98 dated 4-3-1998 is in order. I feel that the word “review” used in
Ext. P8 is not used in the sense usually attributed to the word in
judicial proceedings, but has been used to convey that Ext. P3 has
been considered again and by Ext. P8, Ext. P3 has been confirmed,
insofar as Ext. P3 has been issued based on the very same
Government Order fixation made as per which Ext. P3 is found to be
in order. Therefore, a conclusion that Ext. P3 has been confirmed
appears to be what is conveyed in Ext. P8. No counter affidavit has
been filed to discredit the above submission of the learned counsel for
the petitioner. If that be so, when the petitioner’s basic pay was Rs.
2310/- with effect from 1-7-1988, as on the date of retirement on 31-
3-1990, his basic pay would be Rs.2390/- adding one more increment
of Rs. 80/-. Therefore, I hold that the petitioner is entitled to have all
his retirement benefits computed on the basis of the basic pay at the
time of retirement as Rs. 2390/-.
Accordingly, there would be a direction to the competent among
the respondents to re-compute the retirement benefits due to the
petitioner on the basis that on the date of retirement, the petitioner’s
basic pay was Rs. 2390/-. Orders in this regard shall be passed and
arrears of retirement benefits due to the petitioner disbursed as
O.P. No. 30622/99 -: 4 :-
expeditiously as possible, at any rate, within three months from the
date of receipt of a copy of this judgment. The original petition is
disposed of as above.
Sd/- S. Siri Jagan, Judge.
Tds/