Kerala High Court
Geetha S vs State Of Kerala on 29 February, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
WP(C) Nos.8762/2013 and conn. Cases 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945
WP(C) NO. 19398 OF 2014
PETITIONER/S:
P.NABEESA
HIGH SCHOOL ASSISTANT (ARABIC), HIGH SCHOOL
KERALASSERY, KERALASSERY P.O, PALAKKAD-678 641.
BY ADV SRI.P.M.PAREETH
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT
THIRUVANANTHAPURAM-695 001.
2 DEPUTY DIRECTOR OF EDUCATION
PALAKKAD 678 001.
3 HEADMISTRESS HIGH SCHOOL KERALASSERY
KERALASSERY PO, PALAKKAD-678 641.
BY ADVS.
GOVERNMENT PLEADER SRI.BIJOY CHANDRAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.02.2024, ALONG WITH WP(C).17057/2016, 21733/2014, THE COURT
ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.8762/2013 and conn. Cases 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945
WP(C) NO. 17057 OF 2016
PETITIONER/S:
SARASWATHY AMMA
W/O.SURENDRAN PILLAI K., HEADMISTRESS, C.P.H.S.S.,
KUTTIKKAD, KADAKKAL, KOLLAM DISTRICT, RESIDING AT
ANJALI, AYUR P.O., KOLLAM.
BY ADV SRI.B.MOHANLAL
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, FINANCE
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695
001.
2 THE DEPUTY DIRECTOR EDUCATION
THEVALLY P.O., KOLLAM - 691 009.
3 THE DISTRICT EDUCATIONAL OFFICER
PUNALUR, PUNALUR P.O., KOLLAM - 691 001.
BY ADVS.
GOVERNMENT PLEADER,SRI.BIJOY CHANDRAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.02.2024, ALONG WITH WP(C).19398/2014 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.8762/2013 and conn. Cases 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945
WP(C) NO. 21733 OF 2014
PETITIONER/S:
1 GEETHA S
W/O. MOHANAN N., HSA (SANSKRIT), HIGH SCHOOL,
ARKANNUR, AYUR, KOLLAM, RESIDING AT SURYAKANTHI,
VALATHUNGAL P.O., KOLLAM DISTRICT.
2 ABDUL AZEEZ
S/O. OSANARU PILLAI RAWTHER, HSA(SANSKRIT), HIGH
SCHOOL, ARKANNUR, AYUR, KOLLAM, RESIDING AT
N.K.HOUSE, AKKAL P.O., KARINGANNUR, KOTTARAKKARA,
KOLLAM DISTRICT.
BY ADV SRI.B.MOHANLAL
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, FINANCE
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 THE DEPUTY DIRECTOR OF EDUCATION
THEVALLY P.O., KOLLAM-691 009.
3 THE DISTRICT EDUCATIONAL OFFICER
KOTTARAKKARA, KOTTARAKKARA P.O., KOLLAM-691 506.
BY ADVS.
GOVERNMENT PLEADER, SRI.BIJOY CHANDRAN, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.02.2024, ALONG WITH WP(C).19398/2014 AND CONNECTED CASES, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.8762/2013 and conn. Cases 4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945
WP(C) NO. 8762 OF 2013
PETITIONER/S:
MERCY P.L.
AGED 55 YEARS
W/O.GEORGE JOSEPH, H S A (SANSKRIT)C G H S
VADAKKENCHERY, PALAKKAD DIST, R/A.OLLUKKARA
CHITTILAPALLY KUNJAPPU SHREYAS NAGAR, P O OLLUKKARA,
THRISSUR DIST
BY ADVS.
SRI.K.T.SHYAMKUMAR
SRI.HARISH R. MENON
RESPONDENT/S:
1 STATE OF KERALA
REP BY THE SECRETARY TO GOVERNMENT, FINANCE
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001
2 THE DISTRICT EDUCATIONAL OFFICER
PALAKKAD
3 THE HEADMASTER
CGHS, VADAKKENCHERY, PALAKKAD DIST
BY ADVS.
GOVERNMENT PLEADER SRI.BIJOY CHANDRAN, SR.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) Nos.8762/2013 and conn. Cases 5
P.V.KUNHIKRISHNAN, J
---------------------------------------
W.P.(C.) Nos. 8762 of 2013, 19398,
21733 of 2014 & 17057 of 2016
--------------------------------------
Dated this the 29th day of February, 2024
JUDGMENT
These writ petitions are connected and therefore, I am
disposing of these writ petitions by a common judgment.
2. Admittedly, the issue raised in these writ petitions were
considered in favour of the petitioners by a Division Bench of this
Court in Ext.P1 judgment produced in W.P.(C.) No. 8762 of 2013 .
Now, in a connected case, the Apex Court passed an order in Civil
Appeal No. 9884/2013 and connected cases. It will be better to
extract the same :
"Leave is granted in SLP (C) No.33132 of 2015.
Challenging the order dated 29.05.2013 passed in Writ Appeal
No. 560 of 2013 arising out of order passed in Writ Petition (C)
No. 19075 of 2012, Civil Appeal No. 9884 Of 2013 has been
filed. Challenging the order dated 08.04.2013 in Writ Appeal
No. 539 of 2013 arising out of order passed in Writ Petition (C)
No. 30328 of 2008, Civil Appeal No. 9885 of 2013 has been
filed and against the order dated 24.03.2015 in Writ Appeal No.
1980 of 2014 arising out of order passed in Writ Petition (C)
No. 11846 of 2012 by the High Court of Kerala , Civil Appeal
No. 7439 of 2023 [@ SLP (C) No. 33132 of 2015] has been
preferred.
After hearing learned senior counsel appearing for the
appellant(s) and learned counsel appearing for the
respondent(s), we are not inclined to entertain these appeals.
During hearing, we have perused the Notification issued on
11.10.2012, which is reproduced as under :-
Order
Government are pleased to order that the first sentence
of Note below Rules 5(2). Annexure 2 of the Government
Order read above, regarding service weightage is
modified as follows:
"Service for the purpose of this rule means full time
regular service (where protection of pay is allowed)
including broken periods of service qualifying for
normal increments in the scales of pay". However,
already settled court cases will not be re-opened."
In view of the Notification, the cases of post- amendment shall
be considered and decided as per the said Notification and the
impugned Judgment would not be applied as a precedent in
those cases.
In view of the forgoing observations, these appeals stand
disposed of. All questions of law are left open.
Pending interlocutory application(s), if any, is/are disposed of."
3. In the light of the above order, the petitioners are
entitled the benefit as directed by the Apex Court in the above
order. The authority will consider whether the notification dated
11.10.2012 extracted in the Supreme Court order is applicable to
the petitioners based on the date of fixation of pay. The 1 st
respondent will consider the case of the petitioners in the light of
the above contention, after giving an opportunity of hearing to the
petitioners as expeditiously as possible, at any rate, within three
months from the date of receipt of a certified copy of this
judgment.
4. If any of the petitioners are having any other surviving
grievance, they are free to submit a representation before the
Government and the Government will consider the same also,
while deciding the matter as directed above. Recovery
proceedings, if any initiated against the petitioners shall be kept in
abeyance till final orders are passed in these cases.
Therefore, these writ petitions are disposed of.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 17057/2016
PETITIONER EXHIBITS
P1 THE TRUE COPY OF THE ORDER NO:B4-
8139/92/D.DIS. DATED 02.02.1993 ISSUED BY
THE D.E.O., KOTTARAKKARA TO THE PETITIONER.
P2 THE TRUE COPY OF THE ORDER
NO:B6/1527/2013/D.DIS. DAWTED 12.07.2013
ISSUED BY THE 3RD RESPONDENT.
P3 THE TRUE COPY OF THE G.O.(P)NO.85/2011/FIN.
DATED 26.02.2011 ISSUED BY THE GOVERNMENT.
P4 THE TRUE COPY OF THE OPTION DATED
15.07.2011 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT.
P5 THE TRUE COPY OF THE ORDER NO:B1/5824/2015
ISSUED BY THE 3RD RESPONDENT TO THE
PETITIONER.
P6 THE TRUE COPY OF THE G.O.(P)NO.145/06/FIN.
DATED 25.03.2006 ISSUED BY THE GOVERNMENT.
P7 THE TRUE COPY OF THE JUDGMENT IN
W.A.NO:428/2012 DATED 07.03.2012 OF THIS
HON'BLE COURT.
P8 THE TRUE COPY OF THE G.O(P)NO.491/2012/FIN.
DATED 10.09.2012 ISSUED BY THE GOVERNMENT.
APPENDIX OF WP(C) 21733/2014
PETITIONER EXHIBITS
P1 : COPY OF THE GO(P)NO.85/2011/FIN.
DTD.26.2.2011 ISSUED BY THE GOVERNMENT.
P2 : COPY OF THE OPTION SUBMITTED BY THE 1ST
PETITIONER BEFORE THE 3RD RESPONDENT.
P2(A): COPY OF THE OPTION SUBMITTED BY THE 2ND
PETITIONER BEFORE THE 3RD RESPONDENT.
P3 : COPY OF THE NOTICE NO.OA2(4)/15741/13
DTD.1.14 ISSUED BY THE 2ND RESPONDENT TO TEH
HEADMASTER, H.S.ARKANNOOR OF THE PETITIONERS
SCHOOL.
P4 : COPY OF THE GO(P)NO.145/06/FIN.
DTD.25.3.2006 ISSUED BY THE GOVERNMENT.
P5 : COPY OF THE JUDGMENT IN WPC NO.17912/2010
DTD.10.10.2011 OF THIS HON'BLE COURT.
P6 : COPY OF THE JUDGMENT IN WA NO.428/2012
DTD.7.3.2012 OF THIS HON'BLE COURT.
P7 : COPY OF THE GO(P)NO.491/2012/FIN.
DTD.10.9.2012 ISSUED BY THE GOVERNMENT.
P8 : COPY OF THE OBJECTION FILED BY THE 1ST
PETITIONER BEFORE THE 2ND RESPONDENT.
P9 : COPY OF THE ORDER NO.OA-II(4) 15741/13
DTD.23.6.2014 ISSUED BY THE 2ND RESPONDENT TO
THE HEADMASTER OF THE PETITIONERS SCHOOL.
P10: COPY OF THE GO(RT)NO.1554/2014
DTD.8.4.2014 ISSUED BY THE GOVERNMENT.
P11: COPY OF THE ORDER NO.OA-11(5)12786/13
DTD.30.6.2014 ISSUED BY THE 2ND RESPONDENT TO
THE HEADMASTER OF THE PETITIONERS SCHOOL.
APPENDIX OF WP(C) 19398/2014
PETITIONER ANNEXURES
EXT.P1 - A TRUE PHOTOCOPY OF THE RELEVANT
PORTION OF THE GO(P)NO.145/2006 DATED 25-3-
2006 TOGETHER WITH ANNEXURE 2.
EXT.P2 - A TRUE PHOTOCOPY OF THE PAY
FIXATION STATEMENT DATED 18-07-2008 RESPECT
OF THE PETITIONER
EXT.P3 - A TRUE PHOTOCOPY OF THE RELEVANT
PORTION OF THE RULES OF FIXATION OF PAY
EXT.P4 - A TRUE PHOTOCOPY OF THE PAY
FIXATION STATEMENT DATED 17-6-2011 IN
RESPECT OF 2009 PAY REVISION.
EXT.P5 - A TRUE PHOTOCOPY OF THE RELEVANT
EXTRACT OF THE AUDIT OBJECTION DATED 06-09-
2013 ISSUED BY THE 2ND RESPONDENT.
EXT.P6- A TRUE PHOTOCOPY OF THE JUDGMENT
DATED 10-10-2011 IN WPC.NO.17912/2010
EXT.P7 - A TRUE PHOTOCOPY OF THE JUDGMENT
EXT.P8 - A TRUE PHOTOCOPY OF THE
G.O.P.NO.560/12 DATED 11-10-12
EXT.P9 - A TRUE PHOTOCOPY OF THE LETTER
DATED 21-7-2014
APPENDIX OF WP(C) 8762/2013
PETITIONER EXHIBITS
EXT.P1:-TRUE COPY OF THE JUDGMENT IN WA NO
428/2012 OF THIS HONOURABLE COURT
EXT.P2:-TRUE COPY OF THE LETTER DTD NIL
SUBMITTED BY THE PETITIONER BEFORE THE 2ND
RESPONDENT
EXT.P3:-TRUE COPY OF THE LETTER ORDER
11/9/2012 ISSUED BY THE 2ND RESPONDENT
