Kerala High Court
De.K.N.Balakrishnan Nambiar vs State Of Kerala on 11 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
WEDNESDAY, THE 11TH DAY OF AUGUST 2021 / 20TH SRAVANA, 1943
WP(C) NO. 19535 OF 2012
PETITIONER:
DE.K.N.BALAKRISHNAN NAMBIAR
AGED 58 YEARS
ASSOCIATE PROFESSOR (RETIRED),
S.E.S.COLLEGE,SREEKANDAPURAM, RESIDING AT
EASOVASYAM(KUNNOTHNADUVILEDATHIL) ELLARINJI P.O.,
KOOTTUMUGHAM, SREEKANDAPURAM, KANNUR DISTRICT 670 631.
BY ADV SRI.P.M.PAREETH
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,THIRUVANANTHAPURAM 695 001.
2 DIRECTOR OF COLLEGIATE EDUCATION,
THIRUVANANTHAPURAM 695 001.
3 DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
KOZHIKODE 673001.
4 PRINCIPAL
SREEKANDAPURAM EDUCATION SOCIETIES
COLLEGE,SREEKANDAPURAM, P.O.SREEKANDAPURAM,
KANNUR - 670 631.
BY ADV SRI JIMMY GEORGE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 19535 OF 2012 -2-
JUDGMENT
Writ petition is filed for the reliefs extracted herein
below:
"1) A writ of certiorari or other appropriate writ,
direction or order calling for the records leading Ext.P4
issued by the 3rd respondent and quash the same.
2) A writ of certiorari or other appropriate writ,
direction or order calling for the records leading to
Exhibit P2 and quash that part of the same which denies
three advance increments to the petitioner for which he is
entitled to as per Ext.P1.
3) A direction to the 1st respondent to consider and
pass orders on Ext.P5 representation submitted by the
petitioner within a time frame after affording an
opportunity of hearing to the petitioner.
4) A writ of mandamus or other appropriate writ,
direction or order commanding the respondents to revise
the pay and pensionary benefits of the petitioner after
authorizing three advance increments and to disburse the
arrears of pay and pension to the petitioner within a time
frame.
5) To grant cost."
2. During the pendency of the writ petition, order
dated 03.09.2013 has been issued, placed on record as
Ext.P6 vide I.A. No.1 of 2021, wherein it has been stated
that the teachers who acquired M.Phil while in service on
or after 01.01.2006 shall be eligible for non compounded
advance increments in the revised pay scale at the pre
revised rate of increment from the date of entering the
service till 31.08.2008 and at the revised rate of increment
with effect from 01.09.2008. The grievance of the
petitioner, in view of this order, stands vindicated. In case
the respondents have not released the said benefit, the
same may be released in terms of Ext.P6, within a period
of two months from the date of receipt of a certified copy
of the judgment.
Writ petition stands disposed of.
Sd/-
AMIT RAWAL
JUDGE
vv
APPENDIX OF WP(C) 19535/2012
PETITIONER EXHIBITS
Exhibit P1 A TRUE PHOTOCOPY OF THE GO(P) NO
58/10/H.EDN DATED 27.3.10 ISSUED BY THE
FIRST RESPONDENT
Exhibit P2 A TRUE PHOTOCOPY OF THE STATEMENT OF
THE FIXATION OF PAY DATED 25.6.10
Exhibit P3 A TRUE PHOTOCOPY OF THE PHD.CERTIFICATE
DATED 24.7.07 TOGETHER WITH
NOTIFICATION DATED 7.2.07 ISSUED BY
KANNUR UNIVERSITY
Exhibit P4 A TRUE PHOTOCOPY OF THE LETTER DATED
27.6.2012 ISSUED BY THE 3RD RESPONDENT
TO THE 4TH RESPONDENT
Exhibit P5 A TRUE PHOTOCOPY OF THE REPRESENTATION
DATED 25.7.2012 SUBMITTED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT
Exhibit P6 A TRUE PHOTO COPY OF THE GO(MS) NO
597/2013/HEDN DATED 3.9.2013
RESPONDENT EXHIBITS
Exhibit R3(A) A TRUE COPY OF THE GO(MS) NO
332/2012/H.EDN DATED 19.7.2012
