Kerala High Court
Udayavarman Unni vs State Of Kerala on 1 November, 2024
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W.P.(C) No.7068 of 2017
2024:KER:81340
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
WP(C) NO. 7068 OF 2017
PETITIONER:
UDAYAVARMAN UNNI
S/O.MANICHAN UNNI, 55 YEARS OF AGE,
LD CLERK (HIGHER GRADE), R.M.H.S.,
MELATTUR P.O., MALAPPURAM DISTRICT.
BY ADVS.
SRI.K.MOHANAKANNAN
SMT.A.R.PRAVITHA
SMT.D.S.THUSHARA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
THIRUVANANTHAPURAM - 695 001.
2 DEPUTY DIRECTOR OF EDUCATION
CIVIL STATION, MALAPPURAM - 676 505.
3 DISTRICT EDUCATIONAL OFFICER
WANDOOR, MALAPPURAM - 679 328.
4 THE HEADMASTER
R M HIGH SCHOOL, MELATTUR P.O.,
MALAPPURAM - 679 329.
BY ADVS.
SMT.SONY.K.B, GP
SRI.T.S.NEJIMUDDIN
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W.P.(C) No.7068 of 2017
2024:KER:81340
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
01.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P.(C) No.7068 of 2017
2024:KER:81340
HARISANKAR V. MENON, J.
------------------------------
W.P.(C) No.7068 of 2017
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Dated this the 1st day of November, 2024
JUDGMENT
The petitioner entered the service in an aided school from
16.08.1986 as a Full Time Menial. Later, on 21.06.1990, he was
appointed to the post of LD clerk in a regular vacancy. The
petitioner was extended the higher grade pursuant to the
completion of ten years with effect from 21.07.2001 and the
second higher grade upon completion of 16 years with effect from
22.06.2006. However, it is seen that the third higher grade was
extended with effect from 16.08.2008, and the pay was refixed
accordingly. Later, the respondents noticed that the fixation of the
third higher grade was carried out by reckoning the initial service
from 1986 to 1990. Therefore, Ext.P5 order was issued by the 3rd
respondent, pointing out the afore irregularity. Later, by Ext.P8,
steps were taken to refix the scale of pay by refusing to extend
the third higher grade to the petitioner. It is also seen that
pursuant to Ext.P8, the scale was fixed, which according to the
petitioner is less than the pay available to the post of Junior
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Superintendent in which post the petitioner was working when
Ext.P6 was issued.
2. It is in the afore circumstances that the petitioner has
filed the captioned writ petition, challenging the impugned steps
taken against him.
3. Subsequent to the filing of the writ petition, the
petitioner retired from service on 31.01.2018. He has also filed his
pension papers, and the pension is sanctioned pursuant to Ext.P9
with effect from 24.11.2023.
4. I have heard Sri.K.Mohanakannan, the learned counsel
for the petitioner and Smt.K.B.Sony, the learned Government
Pleader.
5. As regards the claim of the petitioner with respect to
the third higher grade, it is noticed that the third higher grade was
extended originally by reckoning the initial service from 1986 to
1990. But the question of extending the third higher grade arises
only with reference to the service put in by the petitioner in the
post of LD clerk. The petitioner, as already noticed, was appointed
in the post of LD clerk only on 21.06.1990. In such circumstances,
the entitlement for the higher grades also has to be reckoned with
reference to the said date. It is seen that the first and second
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higher grades were extended with reference to that date. It is only
as regards the third higher grade that the mistake is committed
by the respondents. The petitioner may not be justified in
contending that the original fixation / extension of the third higher
grade is correct. The impugned proceedings, to the extent of
disallowing the third higher grade to the petitioner, in my opinion,
cannot be assailed by him.
6. However, I notice that the petitioner was working as
Junior Superintendent when Ext.P6 Government Order was issued
on 11.06.2014, which provided that, if the benefit of the third time
bound higher grade is allowed, the same is to be continued. On
the basis of Ext.P6, it is seen that the fixation of pay in the scale
of Junior Superintendent as regards the petitioner does not appear
to be correct.
7. Further, I also notice that the petitioner is granted
pension as per Ext.P9, only with effect from 24.11.2023. The said
fixation also does not appear to be proper as regards the date of
commencement of pension.
In such circumstances, I dispose of this writ petition as
under;
i. The petitioner is not entitled for the third higher
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grade by reckoning the initial service he put in in the
post of Full Time Menial from 1986 to 1990.
ii. The petitioner's salary in the post of Junior
Superintendent is to be refixed in the light of Ext.P6.
iii. The petitioner's pension is also to be refixed and
reckoned with effect from 01.02.2018.
iv. It is also declared that, if some additional payments
have been effected to the petitioner on account of
the wrong fixation as regards the third higher grade,
the same is not to be repaid by the petitioner in view
of the principles laid down by the Apex Court in
State of Punjab and Others v. Rafiq Masih
(White Washer) [2014 (4) KHC SN 1 (SC)].
Sd/-
HARISANKAR V. MENON
JUDGE
anm
2024:KER:81340
APPENDIX OF WP(C) 7068/2017
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED
16.08.1986 OF THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER DATED
23.06.19990 APPROVAL OF THE PETITIONER
AS LDC.
EXHIBIT P3 TRUE COPY OF THE PAY FIXATION STATEMENT
DATED 30.08.2000 AND 16.10.2002.
EXHIBIT P4 TRUE COPY OF THE PAY FIXATION STATEMENT
DATED 25.09.2007 AND 10.10.2013.
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 10.10.2013
OF DEO.
EXHIBIT P6 TRUE COPY OF THE GO(MS)NO.216/14/(192)
/FIN DATED 11.06.2014.
EXHIBIT P7 TRUE COPY OF THE ORDER NO.A3/13/2015/
K.DIS DATED 07.07.2015 OF THE DISTRICT
EDUCATIONAL OFFICER.
EXHIBIT P8 TRUE COPY OF THE LETTER NO.F3/4045/2015
DATED 31.08.2015.
Exhibit P9 TRUE COPY OF THE PENSION PAYMENT ORDER
NO.PR 21023228767/ P11/2/19231623468
DATED 8-1-2024 ALONG WITH ITS RETYPED
COPY
Exhibit P10 TRUE COPY OF THE LETTER NO.DDE/MPM/9240
/2023-F3 DATED 15-7-2023,
Exhibit P11 TRUE COPY OF THE ORDER NO.D1/1766/2023
DATED 2-9-2023 ALONG WITH A DUE DRAWN
STATEMENT AND THE EXCESS PAY DRAWN BY
THE PETITIONER OF THE DISTRICT
EDUCATIONAL OFFICER, WANDOOR
Exhibit P12 TRUE COPY OF THE CHALAN RECEIPT
NO.KL014510068202324M DATED 3-8-2023
Exhibit P13 TRUE COPY OF GOVERNMENT LETTER
NO.S2/131/2023/GEDN DATED 12-7-2023
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Exhibit P14 GOVERNMENT ORDER GO(RT)675/2017/HFWD
DATED 15-3-2017 ALONG WITH ITS RETYPED
COPY.
