Shyni.M.J vs The Assistant Education Officer
2023 Latest Caselaw 11013 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                       THE HONOURABLE MR. JUSTICE T.R.RAVI
         THURSDAY, THE 26TH DAY OF OCTOBER 2023 / 4TH KARTHIKA, 1945
                             WP(C) NO. 34682 OF 2023
PETITIONER:

     1        SHYNI.M.J,
              AGED 44 YEARS
              W/O. JIJO JOSE,
              VADAKOOTKOLADY, MISSION ROAD,
              KUNNAMKULAM, THRISSUR DISTRICT., PIN - 680503
              BY ADVS.
              SURESH C.
              SAJITH T.

RESPONDENTS:

     1        THE ASSISTANT EDUCATION OFFICER
              KUNNAMKULAM, THRISSUR DISTRICT, PIN - 680503
     2        THE DISTRICT EDUCATION OFFICER
              CHAVAKKAD, THRISSUR DISTRICT, PIN - 680506
     3        DIRECTOR OF GENERAL EDUCATION
              JAGATHY,THIRUVANANTHAPURAM, PIN - 695014
     4        THE MANAGER
              ST.MMCUPS SCHOOL, KANIPPAYYUR THRISSUR DISTRICT, PIN -
              680517
     5        THE HEADMISTRESS,
              ST.MMCUPS SCHOOL, KANIPPAYYUR, KUNNAMKULAM, PIN - 680517
              SRI. PREMCHAND R NAIR. SR. GOVERNMENT PLEADER

     THIS     WRIT    PETITION   (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
26.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC No.34682 of 2023
                                  2




                         T.R. RAVI, J.
              ------------------------------------
                W.P.(C.) No.34682 of 2023
              ------------------------------------
          Dated this the 26th day of October, 2023

                              JUDGMENT

Admit. The Government Pleader takes notice for

respondents 1 to 3. In view of the order that is

proposed to be issued, the notice to respondents 4 and

5 is dispensed with.

2. The petitioner is aggrieved, since a person

who is junior to the petitioner in UPSA is receiving more

pay than the petitioner. The petitioner, seeking parity,

approached the respondents for rectification of the

anomaly. Ext.P6 is the representation filed, for which

Ext.P7 reply has been given seeking the circumstances

in which the anomaly has occurred and asking the

petitioner to produce the Government Orders in support

of the same.

3. I do not think the petitioner should be

directed to produce Government Orders. It is for the WPC No.34682 of 2023

concerned officer to consider Ext.P6 on merits and

dispose of the same.

The writ petition is hence disposed of directing the

first respondent to consider and pass orders on Ext.P6

after hearing the petitioner and respondents 4 and 5 at

the earliest, at any rate, within a period of six weeks

from the date of receipt of a copy of this judgment.

Sd/-

T.R.RAVI

JUDGE SKP/26-10 WPC No.34682 of 2023

APPENDIX OF WP(C) 34682/2023

PETITIONER'S EXHIBITS:

EXHIBIT P 1 TRUE COPY OF INTITIAL APPOINMENT ORDER DATED 1/6/2005 EXHIBIT P 2 TRUE COPY OF THE APPOINTMENT ORDERNO.B-

1974/2006/K.DIS DATED 03.01.2007 OF THE ASSISTANT EDUCATION OFFICER, KUNNAMKULAM FROM 05.06.2006 EXHIBIT P 3 TRUE COPY OF THE PROCEEDINGS OF THE ASSISTANT EDUCATION OFFICER KUNNAMKULAM DATED 23/5/2007 EXHIBIT P 4 TRUE COPY OF THE RELEVANT PAGES OF THE SERVICE BOOK OF (JUNIOR UPSA) EXHIBIT P 5 TRUE COPY OF THE EXTRACTS OF RULE 28 A OF KS $SR EXHIBIT P 6 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE AEO DATED 28/6/2023 EXHIBIT P 7 TRUE COPY OF REPLY RECIVED FROM AEO 31/7/2023 RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A. TO JUDGE