IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 28389 of 2009(P)
1. C.K.PRADEEPAN, HEADMASTER,
... Petitioner
2. P.C.VASU, HEADMASTER,
3. P.P.JAYAKRISHNAN,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
2. DEPUTY DIRECTOR OF EDUCATION,
3. ASSISTANT EDUCATIONAL OFFICER,
For Petitioner :SRI.KALEESWARAM RAJ
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :09/10/2009
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C). No.28389/2009-P
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Dated this the 9th day of October, 2009
J U D G M E N T
The petitioners are working as Headmasters in the respective schools
mentioned in the writ petition. It is the case of the petitioners that when
they accepted promotion as Headmasters they were entitled to have notional
fixation of grade. The contention raised is that by a wrong interpretation to
the G.O.(P) No.145/2006/Fin, dated 25/03/2006 the Government took the
stand that the teachers like the petitioners who were promoted to the post of
Headmasters after receiving the grade were not entitled to get the grade
which was already granted to them. Ext.P1 Circular is also produced to
contend that while fixing their scale after promotion as Headmaster, the
stipulation as contemplated in Ext.P1 was not there. Ext.P2 is the
Government Order dated 08/06/2009 in which the same benefit as given in
Ext.P1 was given to all Primary School Headmasters irrespective of the date
01/03/2006. It is the case of the petitioners that when they were given
higher grade, there was no stipulation to refund the same. In these
circumstances, they have filed Exts.P3 to P5 representations seeking for
appropriate orders from the Government. They seek for a direction that the
W.P.(C). No.28389/2009
-:2:-
stipulations in Circular No.68/08/(117)/Fin, dated 03/11/2008 (Ext.P1) may
be relaxed in their favour.
2. There will be a direction to the first respondent to take a
decision on Exts.P3 to P5 after hearing the petitioners within a period of
four months from the date of receipt of a copy of this judgment. In the
meanwhile, the recovery based on Exts.P1 and P2 will be kept in abeyance.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
ms