Kerala High Court
Binsu Jacob vs The State Of Kerala on 13 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
WP(C) NO. 33313 OF 2022
PETITIONER:
BINSU JACOB
AGED 46 YEARS, SON OF K. JACOB,
ST. GEORGE HIGHER SECONDARY SCHOOL,
MUTTAR, HIGHER SECONDARY SCHOOL TEACHER
(COMPUTER SCIENCE), P.O. MUTTAR,
ALAPPUZHA DISTRICT-689574 (RESIDING AT
ALUMMOOTTIL, KAKKAMTHODE HOUSE, P.O.
CHANGANACHERRY, KOTTAYAM DISTRICT-686101)
BY ADVS.
V.A.MUHAMMED
V.RAJASEKHARAN NAIR
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM-695 001
2 THE DIRECTOR OF GENERAL EDUCATION
(HIGHER SECONDARY EDUCATION WING),
HOUSING BOARD BUILDINGS, SANTHI NAGAR,
THIRUVANANTHAPURAM-695 014
3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION,
THAMBAYATHIL BUILDINGS, NEAR RAILWAY STATION,
P.O. CHENGANNUR, ALAPPUZHA DISTRICT-689 121
4 THE PRINCIPAL,
ST. GEORGE HIGHER SECONDARY SCHOOL,
MUTTAR, P.O. MUTTAR, ALAPPUZHA DISTRICT-689574
BY ADV ADVOCATE GENERAL OFFICE KERALA
SMT.NISHA BOSE, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.04.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.33313/2022
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.33313 of 2022
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Dated this the 13th day of April, 2023
JUDGMENT
This writ petition is filed with following prayers:
i. call for the records relating to Exhibits P-6, P-10
and P-11 and set aside the originals of the same
so far as it denies protection of pay with
protection of increment date by the issue of a writ
of certiorari or other appropriate writ or order.
ii. call for the records relating to Exhibit P-5 and set
aside the original of the same to the extent it
denies protection of increment date i.e. on
01.08.2018 under Rule 37 (b) of Part I of KSRs by
the issue of a writ of certiorari or other
appropriate writ or order.
iii. issue a writ of mandamus or other appropriate
writ order or direction commanding the
Respondents to protect the pay of the Petitioner
with the date of increment had he continued in
the lower scale forthwith and disburse the
attendant benefits expeditiously.
iv. declare that the Petitioner is entitled to get the
WP(C).No.33313/2022
benefits of pay protection with protection of
increment date.
v. pass such other order or direction which this
Hon'ble Court may deem fit and proper to grant
in the circumstances of the case.
(SIC)
2. Petitioner, while holding the post of HSST (Junior)
Computer Science in the scale of Rs. 40500-85000, was
appointed as HSST Computer Science in the scale of
Rs.39500-83000 on 11.12.2017 as provided in Special Rules
and it is the case of the petitioner that he is entitled for
fixation under Rule 37 (b) of Part I of KSR as clarified by the
Director in Ext.P7 order. Hence the petitioner contended that
she is entitled to get fixed her pay at Rs. 52800/- with effect
from11.12.2017 with next increment on 01.08.2018. Therefore
the petitioner submitted that Ext.P6 is illegal. Aggrieved by
the same, the petitioner moved the Government and the
Government also declined the request of the petitioner vide
Ext.P10. Pursuant to Ext.P10, the 3 rd respondent addressed
the Principal vide letter dated 11.03.2022 to proceed recovery
steps pursuant to Ext.P16. Aggrieved by the same, this writ
petition is filed.
WP(C).No.33313/2022
3. Heard the learned counsel for the petitioner and
the learned Government Pleader.
4. Today, when this writ petition came up for
consideration, the counsel for the petitioner submitted that
the point raised in this writ petition is covered in favour of the
petitioner in the judgment dated 13.12.2021 in
W.A.No.1556/2021. I think there is some force in the
argument of the petitioner. According to me, the matter is to
be reconsidered by the Government in the of the judgment in
W.A.No.1556/2021.
Therefore, this writ petition is allowed in the following
manner:
1. Exts.P10 and P11 are set aside.
2. The 1st respondent is directed to reconsider the
matter in the light of the judgment dated
13.12.2021 in W.A.No.1556/2021, as
expeditiously as possible, at any rate, within four
months from the date of receipt of a stamped
certified copy of this judgment, with notice to
the petitioner.
3. The petitioner will produce a stamped certified
WP(C).No.33313/2022
copy of this judgment along with a copy of this
writ petition and a copy of the judgment in
W.A.No.1556/2021 before the 1st respondent for
compliance.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
WP(C).No.33313/2022
APPENDIX OF WP(C) 33313/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER NO. ACD.B4-
20104/HSE/01(2) DATED 17.3.2006 OF THE
DIRECTOR
Exhibit P2 TRUE COPY OF THE STATEMENT OF FIXATION
OF PAY OF THE PETITIONER DATED
01.06.2011
Exhibit P3 TRUE COPY OF THE STATEMENT OF FIXATION
OF PAY OF THE PETITIONER DATED
01.10.2017
Exhibit P4 TRUE COPY OF THE ORDER NO.
2961/C6/2018/RDD/CNGR DATED 16.10.2018
OF THE RDD HSE, CHENGANNUR
Exhibit P5 TRUE COPY OF THE STATEMENT OF FIXATION
OF PAY OF THE PETITIONER
Exhibit P6 TRUE COPY OF THE LETTER NO. 4784/C8/
2021/RDD/CNGR DATED 10.09.2021 OF THE
3RD RESPONDENT
Exhibit P7 TRUE COPY OF THE LETTER NO.
ACD.A3/200604/2021/HSE DATED
17.07.2021 OF THE 2ND RESPONDENT
Exhibit P8 TRUE COPY OF THE REVISION PETITION
SUBMITTED BEFORE THE GOVERNMENT DATED
15.10.2021
Exhibit P9 TRUE COPY OF THE JUDGMENT IN W.P. (C)
NO. 23111/2021 DATED 26.10.2021
Exhibit P10 TRUE COPY OF THE G.O. (RT.) NO.
1145/2022/GEDN DATED 26.02.2022 OF THE
GOVERNMENT
Exhibit P11 TRUE COPY OF THE LETTER NO.
4784/C8/2021/RDD/CNGR DATED 11.03.2022
