Shireen A vs The State Of Kerala
2021 Latest Caselaw 17627 Ker

WP(C) NO. 26429 OF 2020       1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
    FRIDAY, THE 27TH DAY OF AUGUST 2021 / 5TH BHADRA, 1943
                    WP(C) NO. 26429 OF 2020
PETITIONER/S:

          SHIREEN A.,
          AGED 54 YEARS,
          WIFE OF THAJUDEEN M, HAS MILADE SHERIF MEMORIAL,
          HIGHER SECONDARY SCHOOL, CHATHINAMKULAM,
          CHANDANATHOPE P.O.KOLLAM-691 014, RESIDING AT IHLAS,
          KARICODE T, TKMCPO, KOTTAMKARA, KOLLAM-691 005.

          BY ADVS.
          V.JOHN MANI
          SHRI.S.JAYANT
          SHRI.VARGHESE SABU
          SHRI.SETHULAKSHMI K.K.



RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION
          DEPARTMENT, 2ND FLOOR, SECRETARIAT ANNEXE-1,
          THIRUVANANTHAPURAM, KERALA-695 001.

    2     THE DIRECTOR GENERAL OF EDUCATION,
          DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
          THIRUVANANTHAPURAM-695 014.

    3     DISTRICT EDUCATIONAL OFFICER,
          KOLLAM, VIDYA NAGAR, KOLLAM DISTRICT, PIN-691 013.

    4     HEADMISTRESS,
          MILADE SHERIF MEMORIAL HIGHER SECONDARY SCHOOL,
          CHATHINAMKULAM, CHANDANATHOPE P.O.KOLLAM-691 014.

    5     MANAGER,
          MILADE SHERIF MEMORIAL HIGHER SECONDARY SCHOOL,
          CHATHINAMKULAM, CHANDANATHOPE P.O.KOLLAM-691 014.
 WP(C) NO. 26429 OF 2020          2




             SRI BIJOY CHANDRAN, SR GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   27.08.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 26429 OF 2020                      3

                                         JUDGMENT

The petitioner states that she commenced her service as an Upper

Primary School Assistant in the Milade Sherif Memorial Higher Secondary

School on temporary basis from 20.06.2002 to 05.02.2004 on the leave

vacancy of a certain K. Chinnamma. She was promoted as High School

Assistant on 1.6.2011 and her pay was fixed as Rs. 14,620/-. From 1.7.2011,

her pay has been refixed as Rs.15,380/-. The grievance of the petitioner is

that her pay scale is much less when compared to her juniors in service.

Though the 4th respondent requested the 3rd respondent for fixing the pay in

the revised scale, the request was refused on the ground that the petitioner's

service from 20.6.2002 to 5.2.2004 was broken service. It is in the afore

circumstances that the petitioner had come up before this Court seeking the

following reliefs.

i) To issue a writ in the nature of Mandamus or such other writ, order or direction directing the 2nd and 3rd respondent to revise and refix the basic pay of petitioner after considering her two increments from her date of joining in service as on 20.06.2002.

ii) To issue writ in the nature of Mandamus or such other writ, order or direction directing the 3rd and 5th respondent to declare the probation of petitioner as on 19.06.2003.

iii) To issue writ in the nature of Mandamus or such other writ, order or direction directing the 2nd and 3rd respondent to revise and refix the salary of petitioner at par with her juniors and make her Basic Pay Rs.45,800/-.

iv) To issue writ in the nature of Mandamus or such other writ,

order or direction directing the 2nd and 3rd respondent to provide salary arrears from her date of joining after considering the arrears.

v) To issue writ in the nature of Mandamus or such other writ, order or direction directing the 2nd and 3rd respondent to consider her date of joining as 20.06.2002 for calculating pension and other pensionary benefits.

2. During the pendency of this writ petition, the petitioner states

that she has submitted Ext.P9 representation before the 2nd respondent

raising all her grievances. The prayer advanced by Sri.John Mani V, the

learned counsel appearing for the petitioner, when the matter came up for

consideration is for a direction to the 2nd respondent to consider Ext.P9 in the

light of the law laid down by this Court in Ext.P13 judgment.

3. The learned Government Pleader, on instructions, submitted that

there is no impediment in considering the representation.

4. After having carefully evaluated the contentions raised in this writ

petition, the submissions made across the Bar and the facts and

circumstances, I am of the view that this writ petition can be disposed of by

issuing the following directions:

a) Without expressing any opinion on the merits of the assertions

made in Ext.P9 representation there will be a direction to the

2nd respondent to take up, consider and pass appropriate

orders on Ext.P9 in the light of the law laid down in Ext.13

judgment, after affording an opportunity of being heard, either

physically or virtually, to the petitioner herein or her authorised

representatives as well as the party respondents/affected

parties, if any.

b) Orders, as directed above, shall be passed expeditiously, in any

event, within a period of three months from the date of

production of a copy of this judgment.

c) It would be open to the petitioner to produce a copy of the writ

petition along with the judgment before the concerned

respondent for further action.

SD/-

RAJA VIJAYARAGHAVAN V JUDGE NS

APPENDIX OF WP(C) 26429/2020

PETITIONER(S) EXHIBITS :

EXHIBIT P1 A TRUE COPY OF EXTRACT OF PETITIONER'S SERVICE BOOK.

EXHIBIT P2 TRUE COPY OF FILE NO DIS/6107/2012/B4 ISSUED BY 3RD RESPONDENT TO HEADMISTRESS MSMHSS, CHATHINAMKULAM DATED 25.7.2012.

EXHIBIT P3 TRUE COPY OF FIXATION OF PAY IN REVISED SCALE WITH DATE OF EFFECT FROM 1.7.2009.

EXHIBIT P4 TRUE COPY OF PAY FIXATION STATEMENT IN REVISED SCALE WITH DATE OF EFFECT 1.6.2011.

EXHIBIT P5 TRUE COPY OF PAY FIXATION STATEMENT IN REVISED SCALE WITH DATE OF EFFECT 1.7.2011.

EXHIBIT P6 TRUE COPY OF LETTER ISSUED BY 4TH RESPONDENT TO 3RD RESPONDENT DATED 15.3.2017.

EXHIBIT P7 TRUE COPY OF REPLY GIVEN BY 3RD RESPONDENT DATED 18.3.2017.

EXHIBIT P8 TRUE COPY OF PAY FIXATION STATEMENT IN REVISED SCALE DATE OF EFFECT 1.6.2018.

EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED 05.02.2021 SUBMITTED TO THE 2ND RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE POSTAL COMMUNICATION OF THE EXHIBIT-P9 REPRESENTATION DATED 05.02.2021.

EXHIBIT P11 TRUE COPY OF THE REPRESENTATION DATED 05.02.2021 SUBMITTED TO THE 3RD RESPONDENT.

EXHIBIT P12 TRUE COPY OF THE POSTAL COMMUNICATION OF THE EXHIBIT-P11 REPRESENTATION DATED 05.02.2021.

EXHIBIT P13 A TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WPC NO.32700 OF 2019 DATED 22.09.2020.

EXHIBIT P14 A TRUE COPY OF THE COMMON JUDGMENT IN WA NO.1362 OF 2017 AND WA NO.1603 OF 2017 BEFORE THIS HONOURABLE COURT.

RESPONDENT(S) EXHIBITS

EXHIBIT-R3(A) TRUE COPY OF THE CIRCULAR NO.

52184/K3/2014 DATED 08/12/2014