Kerala High Court
Reshina George vs State Of Kerala on 3 June, 2022
WP(C) NO. 6827 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 3RD DAY OF JUNE 2022 / 13TH JYAISHTA, 1944
WP(C) NO. 6827 OF 2022
PETITIONER/S:
1 RESHINA GEORGE,
AGED 49 YEARS, W/O. SHAGIMON V.J.,
HIGHER SECONDARY SCHOOL TEACHER (HSST-CHEMISTRY),
NIRMALA HIGHER SECONDARY SCHOOL, CHEMPERI,
CHEMPERI P.O., KANNUR DISTRICT, PIN-670632,
RESIDING AT KANJIRATHINGAL HOUSE, CHEMPERY,
CHELIPARAMBA, THIRUVASSI, KANNUR, PIN-670632.
2 SHEEBA V. JOSEPH,
AGED 48 YEARS
W/O. SIBI JACOB, HIGHER SECONDARY SCHOOL TEACHER
(HSST-CHEMISTRY), ST.MARY'S HIGHER SECONDARY SCHOOL,
EDOOR,
EDOOR P.O., KANNUR DISTRICT, PIN-670704,
RESIDING AT MADUKKAKUZHY, ANAYANDAKARI, KOLAKKAD
P.O.,
KANICHAR, KANNUR-670673.
BY ADVS.
BABU JOSEPH KURUVATHAZHA
K.S.ARCHANA
MOHAMMED SHAFI.K
M.G.SREEJITH
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF GENERAL EDUCATION,
(HIGHER SECONDARY WING), HOUSING BOARD BUILDING,
SANTHI NAGAR, THIRUVANANTHAPURAM-695001.
3 THE REGIONAL DEPUTY DIRECTOR,
HIGHER SECONDARY EDUCATION, KANNUR, PIN-670001.
SMT NISHA BOSE, SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 6827 OF 2022 2
JUDGMENT
The 1st petitioner is stated to have joined service as HSST (Jr) Chemistry
at the St. Sebastian's Higher Secondary School, Velimanam and the 2nd
petitioner is stated to have joined service of Santhom HSS, Kolakkad on
14.9.1998 and 20.7.1999 respectively. They were promoted as HSST on
01.01.2018 after rendering service for a considerable period. Their grievance
is that the pay and allowances fixed to them are much lower than the pay
received by them while they were serving as HSST (Jr). According to the
petitioners, they had approached the 2nd respondent seeking extension of the
benefits conferred under Decision No.4 of Rule 37(d) of Part I KSR and
pursuant to the directions issued by this Court, the 2nd respondent considered
the same and it was rejected by Exts.P11 and P12 orders. Being aggrieved,
the petitioners are stated to have approached the 1st respondent and have
preferred Exts.P13 and P14 revision petitions. Relying on Ext.P9 judgment, it
is contended that the benefits sought for by the petitioner were conferred to
the petitioner therein and therefore, the petitioners herein are also entitled to
the same benefits.
2. I have heard Sri. Babu Joseph Kuruvathazha, the learned counsel
appearing for the petitioners and the learned Government Pleader.
3. I find that Exts.P13 and P14 revision petitions are pending before the
1st respondent. 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 at the
admission stage itself by issuing the following directions:
a) There will be a direction to the 1st respondent to take up,
consider and pass appropriate orders on Exts.P13 and P14 in
the light of Exts.P9 and P10, as per procedure and in
accordance with law, after affording an opportunity of being
heard, either physically or virtually, to the petitioners herein or
their authorised representatives.
b) Orders, as directed above, shall be passed expeditiously, in any
event, within a period of two months from the date of
production of a copy of this judgment.
c) It would be open to the petitioners to produce a copy of the writ
petition along with the judgment before the concerned
respondent to ensure compliance.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
NS
APPENDIX OF WP(C) 6827/2022
PETITIONER(S) EXHIBITS :
Exhibit P1 TRUE COPY OF THE ORDER DATED 06/08/2018
ISSUED BY THE 3RD RESPONDENT, APPROVING
THE APPOINTMENT OF THE 1ST PETITIONER AS
HSST.
Exhibit P2 TRUE COPY OF THE ORDER DATED 30/07/2018
ISSUED BY THE 3RD RESPONDENT, APPROVING
THE APPOINTMENT OF THE 2ND PETITIONER AS
HSST.
Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED
12/12/2018 SUBMITTED BY THE 1ST PETITIONER
BEFORE THE 3RD RESPONDENT, CLAIMING
FIXATION OF PAY AS CONTEMPLATED UNDER
DECISION NO. 4 OF RULE 37(B) OF PART I OF
KSR.
Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED
15/03/2019 SUBMITTED BY THE 2ND PETITIONER
BEFORE THE 3RD RESPONDENT, CLAIMING
FIXATION OF PAY AS CONTEMPLATED UNDER
DECISION NO.4 OF RULE 37(B) OF PART I OF
KSR.
Exhibit P5 TRUE COPY OF THE STATEMENT OF FIXATION OF
PAY SUBMITTED BY THE 2ST PETITIONER TO THE
3RD RESPONDENT.
Exhibit P6 TRUE COPY OF THE STATEMENT OF FIXATION OF
PAY SUBMITTED BY THE 2ND PETITIONER ON
10/07/2019 TO THE 3RD RESPONDENT.
Exhibit P7 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT DATED 31/03/2021 IN WPC
NO.8609/2021.
Exhibit P8 TRUE COPY OF THE TRACK CONSIGNMENT DETAILS
PERTAINING TO THE SERVICE OF EXT.P7
JUDGMENT ALONG WITH A COPY OF WPC AT THE
OFFICE OF 2ND RESPONDENT.
Exhibit P9 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT DATED 11/11/2020 IN WPC
NO.14753/2020.
Exhibit P10 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE
COURT DATED 13/12/2021 IN WA NO.1556/2021.
Exhibit P11 TRUE COPY OF THE ORDER NO. ACD
B4/200420/2021/HSE DATED 17/09/2021 ISSUED
BY THE 2ND RESPONDENT.
Exhibit P12 TRUE COPY OF THE ORDER NO. ACD
B4/200641/2021/HSE DATED 17/09/2021 ISSUED
BY THE 2ND RESPONDENT TO THE 1ST
PETITIONER.
Exhibit P13 TRUE COPY OF THE REVISION PETITION DATED
27/12/2021 SUBMITTED BY THE 1ST PETITIONER
BEFORE THE 1ST RESPONDENT TO THE 2ND
PETITIONER.
Exhibit P14 TRUE COPY OF THE REVISION PETITION DATED
27/12/2021 SUBMITTED BY THE 2ND PETITIONER
BEFORE THE 1ST RESPONDENT.
RESPONDENT(S) EXHIBITS : NIL
