Kerala High Court
Salim P.M vs The State Of Kerala on 29 February, 2024
Author: T.R.Ravi
Bench: T.R.Ravi
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE T.R.RAVI
THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945
WP(C) NO. 28390 OF 2022
PETITIONER:
SALIM P.M.
AGED 54 YEARS
SON OF MUHAMMED P.U., CLERK (SENIOR GRADE) (VOLUNTARILY
RETIRED), DUV HSS, PULLEPPADY,ERNAKULAM - 682 018
(RESIDING AT PEDIYEKKAL HOUSE, VEMBILLY P.O., ERNAKULAM
DISTRICT - 683 565.
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY CHIEF SECRETARY TO GOVERNMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE SECRETARY TO GOVERNMENT
GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
THIRUVANANTHAPURAM - 695 001.
3 THE SECRETARY TO GOVERNMENT,
FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
4 DEPUTY DIRECTOR OF EDUCATION,
HOSPITAL RD, ERNAKULAM - 682 011.
5 THE DISTRICT EDUCATIONAL OFFICER,
KOCHI, ERNAKULAM - 682 011.
SMT.S.L.SYLAJA, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 28390 OF 2022 2
T.R. RAVI, J.
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W.P(C) No.28390 of 2022
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Dated this the 29th day of February, 2024
JUDGMENT
The prayer in the writ petition is to set aside Exts.P12
and P31 and to declare that fixation granted to the petitioner
vide Ext.P8 is legal and valid. The issue involved was
considered by a Division Bench of this Court in W.A.No.9 of
2022 preferred by the State of Kerala and this Court in
Ext.P36 judgment, held that the recovery initiated on the
basis of alleged wrong fixation was not warranted. The
Division Bench also observed that the finding of the Single
Judge in the case that the fixation was correct need not be
treated as a precedent. The State had challenged the
judgment of the Division Bench before the Hon'ble Supreme
Court and special leave petition was also dismissed by
Ext.P37 judgment.
In the above circumstances, the petitioner is entitled to
the reliefs. The writ petition is allowed. Exts.P12 and P31 are
set aside and it is declared that the fixation granted to the
petitioner vide Ext.P8 is legal and valid. The petitioner shall
be entitled to all benefits flowing out of Ext.P8 fixation.
Sd/-
T.R.RAVI
JUDGE
LEK
APPENDIX OF WP(C) 28390/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE STATEMENT OF FIXATION
HIGHER GRADE OF THE PETITIONER SANCTIONED
BY THE DEO, ERNAKULAM DATED 30.04.1996
Exhibit P2 TRUE COPY OF THE STATEMENT FIXATION OF
PAY IN THE REVISED SCALE OF THE
PETITIONER SANCTIONED BY THE DEO DATED
07.04.1999
Exhibit P3 TRUE COPY OF THE REVISED FIXATION
STATEMENT OF PAY IN THE 1ST TIME BOUND
HIGHER GRADE OF THE PETITIONER.
Exhibit P4 TRUE COPY OF THE STATEMENT OF FIXATION OF
PAY IN THE HIGHER GRADE/SENIOR GRADE
SELECTION GRADE OF PRIMARY /SECONDARY
TEACHERS OF DEPARTMENT/AIDED SCHOOLS
SANCTIONED TO THE PETITIONER BY THE DEO,
ERNAKULAM
Exhibit P5 TRUE COPY OF THE STATEMENT OF FIXATION OF
PAY IN THE REVISED SCALE SANCTIONED TO
THE PETITIONER BY THE DISTRICT
EDUCATIONAL OFFICER, ERNAKULAM
Exhibit P6 TRUE COPY OF THE STATEMENT OF FIXATION OF
PAY IN THE HIGHER GRADE/SENIOR
GRADE/SELECTION GRADE OF
PRIMARY/SECONDARY TEACHERS AND H.M. GRADE
OF DEPARTMENT & AIDED SCHOOLS SANCTIONED
TO THE PETITIONER DATED 04.01.2010
Exhibit P7 TRUE COPY OF THE G.O(MS) NO.
16/2010/G.EDN. DATED 18.01.2010
Exhibit P8 TRUE COPY OF THE STATEMENT SHOWING THE
FIXATION OF PAY OF THE PETITIONER DATED
20.11.2011.
Exhibit P9 TRUE COPY OF THE GOVERNMENT LETTER NO.
92704/PRC/A3/07/FIN DATED 20.11.2011 OF
THE FINANCE (PRC.A) DEPARTMENT TO THE
DISTRICT EDUCATIONAL OFFICER, ERNAKULAM
Exhibit P10 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.
2205/2012 DATED 16.10.2019
Exhibit P11 TRUE COPY OF THE LETTER
NO.1663408/PRCA3/21/FIN DATED 12.01.2021
OF ADDITIONAL CHIEF SECRETARY TO THE
PETITIONER
Exhibit P12 TRUE COPY OF THE G.O(RT) NO.
3098/2021/FIN DATED 29.03.2021
Exhibit P13 TRUE COPY OF THE G.O(MS) NO. 96/73/S.EDN.
DATED 22.06.1973
Exhibit P14 TRUE COPY OF THE PROCEEDINGS OF THE
DIRECTOR PUBLIC INSTRUCTION VIDE NO. N4-
148896/70 DATED 31.07.1973
Exhibit P15 TRUE COPY OF THE PROCEEDINGS OF THE
DISTRICT EDUCATIONAL OFFICER,
MUVATTUPUZHA VIDE ORDER NO. C3.18535/73
DATED 12.11.1973
Exhibit P16 TRUE COPY OF THE SECONDARY SCHOOL
FIXATION OF ESTABLISHMENT FOR THE
ACADEMIC YEAR 1974-75 VIDE ORDER NO.D.DIS
11366/74/C3 DATED 30.03.1974 ISSUED BY
THE DEO, MUVATTUPUZHA.
Exhibit P17 TRUE COPY OF G.O(MS) NO./439/1979/G.EDN
DATED 01.08.1979
Exhibit P18 TRUE COPY OF G.O(P) NO. 1041/79/(142)/FIN
DATED 27.11.1979
Exhibit P19 TRUE COPY OF G.O(MS) NO. 438/80/(212)/FIN
DATED 07.07.1980
Exhibit P20 TRUE COPY OF GOVERNMENT CIRCULAR NO.
46/2008/FIN DATED 08.08.2008
Exhibit P21 TRUE COPY OF G.O(MS) NO. 165/83/G.EDN
DATED 03.09.1983
Exhibit P22 TRUE COPY OF THE FIXATION STATEMENT OF
HIGHER GRADE TO SRI.N. VIDHYA SAGARAM
DATED 23.02.1981
Exhibit P23 TRUE COPY OF THE STATEMENT OF FIXATION OF
PAY IN THE REVISED SCALE SANCTIONED TO
THE SRI. A. A PURUSHOTHAMN BY THE DEO,
ERNAKULAM
Exhibit P24 TRUE COPY OF THE STATEMENT OF FIXATION OF
PAY IN THE HIGHER GRADE/SENIOR
GRADE/SELECTION GRADE OF
PRIMARY/SECONDARY TEACHERS DEPARTMENTAL
AIDED SCHOOLS SANCTIONED TO THE OF SMT. M
SARASWATHY
Exhibit P25 TRUE COPY OF THE STATEMENT OF FIXATION OF
PAY IN THE REVISED SCALE SANCTIONED TO
THE M.SARASWATHY BY THE DISTRICT
EDUCATIONAL OFFICER, ERNAKULAM,
Exhibit P26 TRUE COPY OF THE STATEMENT OF FIXATION OF
PAY IN THE HIGHER GRADE/SENIOR
GARDE/SELECTION GRADES OF PRIMARY
/SECONDARY TEACHERS/ NON TEACHING AND H.M
GRADE OF DEPARTMENTAL TO THE P.T.
BONIFACE
Exhibit P27 TRUE COPY OF THE RELEVANT PAGE OF GO(P)
NO. 145/2006/FIN DATED 25.03.2006, (8TH
PAY REVISION ORDERS)
Exhibit P28 TRUE COPY OF THE GOVERNMENT CIRCULAR
NO.114/2018/FIN DATED 03.12.2018
Exhibit P28(a) TRUE COPY OF THE G.O(MS) NO. 216/14/
(192)/FIN DATED 11/6/2014
Exhibit P29 TRUE COPY OF THE INFORMATION RECEIVED
UNDER THE RIGHT TO ACT VIDE LETTER NO.
5765525/J3/2021/G.EDN DATED INFORMATION
04.01.2022 ADDRESSING THE PETITIONER BY
THE GOVERNMENT
Exhibit P30 TRUE COPY OF THE INFORMATION RECEIVED
UNDER THE RIGHT TO INFORMATION ACT VIDE
LETTER NO. DGE/1360/2022-R1 DATED
25.01.2022 ADDRESSING THE PETITIONER BY
THE STATE PUBLIC INFORMATION OFFICER
Exhibit P31 TRUE COPY OF THE REVISED STATEMENT OF
FIXATION ON THE BASIS OF GOVERNMENT
LETTER NO. 92704/PRC A3/07/FIN DATED
20.11.2011
Exhibit P32 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.
9292/2021 DATED 28.10.2021
Exhibit P33 TRUE COPY OF THE HEARING NOTE SUBMITTED
BY THE PETITIONER BEFORE THE FINANCE
DEPARTMENT DATED 22.01.2021
Exhibit P34 TRUE COPY OF THE JUDGMENT IN 3229/2016
DATED 31.08.2022
Exhibit P35 TRUE COPY OF THE JUDGMENT IN 33450/2018
DATED 16.08.2022
Exhibit P36 TRUE COPY OF THE JUDGMENT IN WA NO.9/2022
DATED 06.01/2022
Exhibit P37 TRUE COPY OF THE ORDER NO.SLP
NO.10365/2022 DATED 10.05.2022
