IN THE HIGH COURT OF KERALA AT ERNAKULAM WP(C).No. 10489 of 2009(E) 1. MOHAMMED IQBAL.K.M. ... Petitioner Vs 1. STATE OF KERALA, REP. BY ... Respondent 2. THE SECRETARY TO GOVERNMENT 3. THE DEPUTY DIRECTOR OF EDUCATION 4. THE DISTRICT EDUCATIONAL OFFICER For Petitioner :SRI.V.M.KURIAN For Respondent : No Appearance The Hon'ble MR. Justice S.SIRI JAGAN Dated :19/02/2010 O R D E R S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 10489 of 2009 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 19th day of February, 2010. J U D G M E N T
The petitioner entered service of an aided school as a full time
menial on 1-9-1975. The petitioner was later promoted as L.D. Clerk
and voluntarily retired from service with effect from 30-9-2008. In
the meanwhile, his probation had already been declared and he was
also granted higher grades, fixation of pay etc. Now, by Ext. P9, the
petitioner has been directed to refund the excess salary paid to him on
grant of higher grade for want of test qualification, his probation
could not have been declared and he could not have been given higher
grades. Consequently, his pay was ordered to be re-fixed and the
excess salary paid to him recovered. It is under the above
circumstances, the petitioner has filed this writ petition seeking the
“a) To declare that Lower Division clerks in aided schools are
not required to acquire test qualification for declaration of
probation and grant of increments and grades.
b) issue a writ of certiorari or other appropriate writ, order or
direction quashing Ext. P 10 circular issued by the 1st respondent
or in the alternative to declare that Ext. P 10 circular has only
prospective operation and cannot be applied with retrospective
c) To declare that in the light of Ext. P7 circular, the
Government is estopped from refixing and recovering the
benefits granted under the said circular.
d) To quash Ext. P9 order and all further proceedings for
cancellation of declaration of probation, refixation of pay and
recovery of excess payments from the petitioner.”
2. The petitioner now submits that in view of Ext. P15
Government Order exempting persons like the petitioner from
acquiring test qualification for the purpose of declaration of
W.P.C. No. 10489/09 -: 2 :-
probation grant of higher grade etc., the petitioner is entitled to the
reliefs prayed for.
3. I have heard the learned Government Pleader also. The
learned Government Pleader does not dispute that in view of Ext. P15,
the petitioner is entitled to the reliefs prayed for.
Accordingly, the writ petition is allowed as prayed for.
Consequential orders shall be passed as expeditiously as possible, at
any rate, within two months from the date of receipt of a copy of this
Sd/- S. Siri Jagan, Judge.