Rema P vs State Of Kerala
2023 Latest Caselaw 8930 Ker

W.P(C) No.622/2013                    1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
       MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                          WP(C) NO. 622 OF 2013
PETITIONER:

             REMA P.
             HEADMISTRESS, D.S.L.P.SCHOOL,
             ALAKKAD, PAYYANNUR,   KANNUR DISTRICT.

             BY ADVS.
             SRI.M.SASINDRAN
             SRI.V.VENUGOPAL


RESPONDENTS:

      1      STATE OF KERALA
             REPRESENTED BY SECRETARY TO GOVERNMENT,   GENERAL
             EDUCATION (P) DEPARTMENT,SECRETARIAT
             THIRUVANANTHAPURAM-695 001.

      2      THE ASSISTANT EDUCATIONAL OFFICER
             PAYYANNUR, KANNUR DISTRICT - 670 307

      3      THE DEPUTY DIRECTOR OF EDUCATION
             KANNUR - 670 001.

             BY SR GP SMT.VINITHA B




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P(C) No.622/2013                                  2




                               MOHAMMED NIAS C.P., J


                     ............................................................


                                  W.P(C) No.622 of 2013
                       .............................................................


                      Dated this the 14th day of August, 2023


                                           JUDGMENT

The petitioner was working as a Headmistress. Earlier, she was

appointed as an Assistant Teacher in the year 1983 for a period of two

months and 27 days and thereafter on a regular basis from 1/10/1984.

After the petitioner was promoted as Headmistress in 1990, she applied

for the Headmaster's higher grade after completing 15 years of service

in the Headmistress scale. Ext.P1 was issued, stating that in the fixation

in 1999, the Headmaster's scale was wrong and that the scale could

have been only from 1/10/1999 and not from 4/7/1999, and accordingly,

the scale was refixed retrospectively. The petitioner then applied for re-

option as permitted in the pay revision order. The petitioner had also

made Ext.P2 request for giving a chance for re-option from 1/7/2004 to

1/10/2004 in the first pay revision of the year 2001, as the same would

enable her to avoid a reduction in pay. By Ext.P9 judgment, this Court,

referring to the earlier judgments in Exts.P6 and P7, directed the

second respondent to accept the petitioner's re-option submitted as per

Ext.P2 and to pass appropriate orders based on the same, refixing the

salary and quantifying the excess pay received by the petitioner. In

purported compliance with the same, Ext.P13 was passed, which is

challenged in this writ petition.

2. A reading of Ext.P13 shows that it does not contain any reason

for not accepting Ext.P2 option submitted by the petitioner and places

reliance on Ext.P14 order of the Government dated 05/01/2012, which

the petitioner contends to be inapplicable to her. Though the learned

Government Pleader tried to justify Ext.13 order, since there is no

consideration as directed in Ext.P9 judgment and as no reasons are

reflected in Ext.P13, I quash Ext.P13 and direct a reconsideration by the

third respondent, in accordance with law, after hearing the petitioner,

and pass a speaking order dealing with all her contentions, within an

outer time limit of three months from the date of receipt of a copy of

this judgment.

The writ petition is allowed as above.

Sd/-

MOHAMMED NIAS C.P.

JUDGE

okb/

APPENDIX OF WP(C)622 OF 2013

PETITIONERS EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE COMMUNICATION DATED 10.11.2009 ISSUED BY THE ASSISTANT EDUCATIONAL OFFICER TO THE PETITIONER.

EXHIBIT P2 A TRUE COPY OF THE PETITION DATED 2.12.2009 SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT

EXHIBIT P3 A TRUE COPY OF THE REPORT DATED 7.12.2009 SUBMITTED BY THE 2ND RESPONDENT TO THE FIRST RESPONDENT GOVERNMENT.

EXHIBIT P4 A TRUE COPY OF THE STATEMENT FILED BY THE ASSISTANT EDUCATIONAL OFFICER BEFORE THE GOVERNMENT

EXHIBIT P5 A TRUE COPY OF THE WRITTEN STATEMENT SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT

EXHIBIT P6 A TRUE COPY OF THE JUDGMENT IN O.P.21833 OF 2001 DATED 28.8.2003

EXHIBIT P7 A TRUE COPY OF THE JUDGMENT IN OP 12457 OF 2001 DATED 5.6.2003

EXHIBIT P8 A TRUE COPY OF THE ORDER G.O.(Rt)NO.2591/10/G.EDN DATED 15.6.2010 ISSUED BY THE FIRST RESPONDENT.

EXHIBIT P9 A TRUE COPY OF THE JUDGMENT DATED 12.12.2011 IN WP(C)NO.24767 OF 2010

EXHIBIT P10 A TRUE COPY OF THE ORDER DATED 31.05.2012 AS ORDER NO.1404/2012

EXHIBIT P11 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT

EXHIBIT P12 A TRUE COPY OF THE JUDGMENT IN WP(C)NO.16332 OF 2012 DATED 2.8.2012

EXHIBIT P13 A TRUE COPY OF THE ORDER NO.OA 3(4) 15740/12 DATED 3.11.2012

EXHIBIT P14 A TRUE COPY OF THE G.O.(P)NO.8/2012 DATED 5.1.2012