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.
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W.P.(C)No.1259 Of 2010
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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