Kerala High Court
Heera Thomas.K vs State Of Kerala on 8 November, 2024
2024:KER:84867
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WP(C) No.10688 of 2020
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA,
1946
WP(C) NO. 10688 OF 2020
PETITIONER:
HEERA THOMAS.K, AGED 45 YEARS
WIFE OF MANOJ P.J., HSST (ENGLISH), SACRED
HEART CG HIGHER SECONDARY SCHOOL, THRISSUR,
RESIDING AT PULIKKOTTIL HOUSE, KANDANISSERY
P.O., THRISSUR-680102.
BY ADVS.
MATHEW B. KURIAN
SRI.K.T.THOMAS
SRI.NIKHIL BERNY
RESPONDENTS:
1 STATE OF KERALA
REP. BY THE SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, SECRETARIAT, ANNEXE,
THIRUVANANTHAPURAM-1.
2 THE REGIONAL DEPUTY DIRECTOR,
HIGHER SECONDARY EDUCATION, EDAPALLY,
ERNAKULAM, KOCHI-25.
3 THE PRINCIPAL, SACRED HEART CG HIGHER SECONDARY
SCHOOL, THRISSUR-680020.
BY ADVS.
SRI.V.BINOY RAM
SRI.S.SIDHARDHAN
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WP(C) No.10688 of 2020
SRI.V.K.SREENATH
OTHER PRESENT:
SRI.RIYAL DEVASSY,GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 08.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(C) No.10688 of 2020
JUDGMENT
Dated this the 8th day of November, 2024
The writ petition is preferred being aggrieved by the
issuance of Ext.P6 whereby she was denied the benefit of
stepping up her pay with respect to the salary given to her
junior.
2. It is the case of the petitioner that the petitioner
was appointed as HSST (English) in Sacred Heart CGHS
School, Thrissur with effect from 23.07.1999. Pursuant to the
Pay Revision-2014, the salary of the petitioner was fixed in
the pay scale 40500-85000 with basic pay fixed at
Rs.63,900/- with effect from 01.07.2014. It is further stated
that the petitioner was eligible for the next increment with
effect from 01.07.2015 and she has completed 15 years of
service on 22.07.2014 thereby she is eligible for Selection
Grade. As per Rule 28A Part I KSR, her pay was refixed as
Rs.42500-87000 with basic pay of Rs.67,050/-. However, the
fixation was done without granting an eligible increment on
01.07.2015.
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3. Pointing out the said anomaly, the petitioner
approached the 2nd respondent to step up the pay of the
petitioner to the pay that of her junior. Accordingly, by
Ext.P5 order, the 2nd respondent has issued an order to step
up her pay. However, the 2 nd respondent again revised that
order denying the said benefit on the ground that as the
seniority of the petitioner was fixed by two different
management, that cannot be reckoned. In the meanwhile,
during the pendency of the writ petition, the 2nd respondent
again reconsidered the issue and fresh orders are passed,
whereby Ext.P6 order was recalled.
4. Under such circumstances, the learned counsel for
the petitioner submits that no further order is necessary in
this writ petition in the light of issuance of Order
No.B1/1454/RDD/HSE/EKM/2020 dated 05.07.2021.
Recording the said submission, this writ petition is
closed.
sd/-
P.M.MANOJ
JUDGE
das
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APPENDIX OF WP(C) 10688/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE STATEMENT OF FIXATION
OF PAY IN THE REVISED SCALE DATED
07.04.2016.
EXHIBIT P2 TRUE COPY OF THE STATEMENT OF FIXATION
OF PAY IN THE SELECTION GRADE.
EXHIBIT P3 TRUE COPY OF THE STATEMENT OF FIXATION
OF PAY IN THE REVISED SCALE OF
SMT.JAYANTHY.N.
EXHIBIT P4 TRUE COPY OF THE STATEMENT OF FIXATION
OF PAY IN THE SELECTION GRADE.
EXHIBIT P5 TRUE COPY OF THE STATEMENT SHOWING
STEPPING UP OF PAY OF PETITIONER.
EXHIBIT P6 TRUE COPY OF THE ORDER DATED
16.10.1999 ISSUED BY 2ND RESPONDENT.
