IN THE HIGH COURT OF KERALA AT ERNAKULAM
OP.No. 21292 of 1999(I)
1. S.JAMALUDEEN KUTTY
... Petitioner
Vs
1. ASST.EXCISE COMMR.KOLLAM
... Respondent
For Petitioner :SRI.M.V.THAMBAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :12/01/2009
O R D E R
S.SIRI JAGAN, J.
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O.P.No.21292 of 1999
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Dated this the 12th day of January, 2009
J U D G M E N T
After putting in broken periods of service as an aided LP school
Assistant, for the periods from 16.7.1981 to 9.6.85, the petitioner
joined the Education Department of the Government of Kerala as a PD
teacher on 10.6.1985, on being advised by the PSC for the purpose.
Subsequently, the petitioner was advised by the PSC and appointed as
Excise Guard and for joining that post, the petitioner was relieved from
duty of the Education Department by Ext.P1 order dated 30.1.1992.
The petitioner submitted an application seeking higher grade taking
into account the past service as a teacher, which was rejected by
Ext.P3 on the ground that since the scale of pay of the PD Teacher was
higher than that of the Excise Guard, the same cannot be considered
for the purpose of grant of higher grade in the post of Excise Guard.
Thereafter, the petitioner requested for reversion to the parent
Department as a PD Teacher. The same was allowed by Ext.P8. In that
order it was specifically stated that the petitioner will get all service
benefits like increment, promotion etc. had he continued in the
General Education Department as a PD Teacher. Thereafter, the
petitioner was promoted as Headmaster on 5.8.2005. Consequently
the petitioner’s pay at various stages was fixed by Ext.P10 order. In
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the same, time bound grade promotion for 10 years as well as as time
bound grade promotion for 18 years were sanctioned. Fixation of pay
under Rule 28A in the post of Headmaster was also sanctioned.
However, in Ext.P10 order, it has been stated that arrears of pay will
be paid only from 18.5.2005. The petitioner submits that this is illegal
and unsustainable. According to the petitioner, after having fixed the
petitioner’s pay at various stages including time bound grade
promotions for 10 years and 18 years, arrears of pay cannot be
restricted from 18.5.2005. (Although the petitioner originally filed the
original petition against orders rejecting the higher grade, because of
subsequent developments, he amended the original petition and he
now confines his relief only for the arrears of monetary benefits also
pursuant to Ext.P10).
2. Although a statement has been filed, the same was filed
prior to the amendment of the original petition challenging Ext.P10
order. No counter affidavit has been filed in respect of the claim of the
petitioner for arrears of salary in accordance with Ext.P10 pay fixation
order.
3. I have heard the counsel for the petitioner.
4. After having fixed the pay of the petitioner at various
stages granting time bound grade promotions also, on the basis of
Ext.P8, I do not find any reason to restrict arrears of pay from
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18.5.2005. No reason for the same is also mentioned in Ext.P10.
Therefore, that part of Ext.P10, whereby arrears of pay pursuant to
the fixation of pay by Ext.P10 is restricted from 18.5.2005 is hereby
quashed. The respondents are directed to pass revised orders in
accordance with the above directions and pay to the petitioner the
arrears of salary on account of Ext.P10 fixation from the respective
dates from which pay has been so fixed, as expeditiously as possible,
at any rate, within two months from the date of receipt of a certified
copy of this judgment.
The original petition is disposed of as above.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge
o.p.21292/99 4
S.SIRI JAGAN, J.
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O.P.No.21292 of 1999-I
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J U D G M E N T
12th January, 2009