Jayaprakas.P vs The State Of Kerala
2024 Latest Caselaw 29970 Ker

Kerala High Court

Jayaprakas.P vs The State Of Kerala on 22 October, 2024

                                                  2024:KER:78672
             IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

           THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

     TUESDAY, THE 22ND DAY OF OCTOBER 2024 / 30TH ASWINA, 1946

                      WP(C) NO. 37062 OF 2024

PETITIONER/S:
          JAYAPRAKAS.P,AGED 50 YEARS,S/O. KUTTA GUPTHAN,
          HSST COMMERCE, SRKGVM.HSS,PURANATTUKARA, THRISSUR
          DISTRICT. (RESIDING AT PAYATTUKALATHIL HOUSE
          PURANATTUKARA P.O, THRISSUR-, PIN - 680551

            BY ADVS.
            T.T.MUHAMOOD
            A.RENJIT
            GOKUL R.NAIR
            ANSALAM N.X.
RESPONDENT/S:
    1     THE STATE OF KERALA,REP BY THE SECRETARY TO
          GOVERNMENT GENERAL EDUCATION DEPARTMENT GOVERNMENT
          SECRETARIAT THIRUVANANTHAPURAM-, PIN - 695001

       2    THE DIRECTOR OF GENERAL EDUCATION
            DIRECTORATE OF GENERAL EDUCATION (HIGHER SECONDARY
            WING) HOUSING BOARD BUILDING. SANTHINAGAR,
            THIRUVANANTHAPURAM -, PIN - 695001

       3    THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
            EDUCATION,OFFICE OF THE RDD OF HIGHER SECONDARY
            EDUCATION, ERNAKULAM–, PIN - 676504

       4    THE PRINCIPAL,SRKGVM.HSS, PURANATTUKARA THRISSUR-,
            PIN - 680551

             ADV VENUGOPAL V -GP
       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    22.10.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.C No. 37062 of 2024


                                     2
                                                         2024:KER:78672




                            JUDGMENT

The petitioner, while working as HSST(Jr) in Commerce was

promoted as HSST on 01.06.2023. Even though the pay in the

promoted post was fixed from 01.06.2023, the next increment

was shifted to 01.06.2024 on the reason that there is no provision

for refixation or protect the increment due in the lower scale.

Being aggrieved, the petitioner submitted Ext.P7 representation

before the 1st respondent. The limited prayer sought by the

petitioner is to direct the 1st respondent to take a decision on

Ext.P7 within a time frame.

After hearing the learned counsel for the petitioner and the

learned Government Pleader, I am inclined to dispose of this writ

petition. Accordingly, it is ordered that the 1 st respondent shall

take up Ext.P7 and appropriate orders thereon shall be passed, in

accordance with law, after hearing the petitioner, the 4th

respondent and the affected parties, if any. The orders in this

regard shall be passed within a period of four months from the

2024:KER:78672

date of receipt of a copy of this judgment. While taking a decision

Exts.P4 to P6 shall also be adverted to.

Sd/-

ZIYAD RAHMAN A.A. JUDGE rpk

2024:KER:78672

APPENDIX OF WP(C) 37062/2024

PETITIONER EXHIBITS

Exhibit :P1 TRUE COPY OF THE STATEMENT OF FIXATION OF PAY DATED 07.04.2016

Exhibit:P2 TRUE COPY OF ORDER NO.

RDDHSE/EKM/5372/2023-A5 DATED 18.11.2023 ISSUED BY THE 3RD RESPONDENT

Exhibit :P3 TRUE COPY OF THE STATEMENT BEARING ORDER NO. RDDHSE/EKM/1003/2024-25 DATED 15.02.2024, APPROVING THE FIXATION OF PAY OF THE PETITIONER IN THE POST OF HSST COMMERCE

Exhibit:P 4 TRUE COPY OF THE JUDGMENT DATED 11.11.2020 IN WP(C) NO. 14753/2020 PASSED BY THE HON'BLE HIGH COURT OF KERALA

Exhibit :P5 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WA NO. 1556/2021 DATED 13.12.202

Exhibit:P 6 TRUE COPY OF GO(RT) NO. 5846/2024/G. EDN DATED 09.09.2024

Exhibit:P 7 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 15.08.2024