Kerala High Court
Indhu.R vs The State Of Kerala on 20 February, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:14369
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 20TH DAY OF FEBRUARY 2025 / 1ST PHALGUNA, 1946
WP(C) NO. 6628 OF 2025
PETITIONER:
INDHU.R
AGED 50 YEARS
W/O SANALKUMAR, HSST (JR)MATHS,
HSS THIRUVAMPADY, PAZHAVEEDU.P.O,
ALAPPUZHA DISTRICT (RESIDING AT GEETHANJALI,
HOUSE NO.9 PAZHAVEEDU.P.O, ALAPPUZHA-,
PIN - 688009
BY ADVS.
T.T.MUHAMOOD
A.RENJIT
GOKUL R.NAIR
ANSALAM N.X.
VENUGOPAL C.
RESPONDENTS:
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) JAGATHY,
THIRUVANANTHAPURAM, PIN - 695014
2025:KER:14369
WP(C) No.6628 of 2025
2
3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER
SECONDARY EDUCATION,
OFFICE OF THE RDD OF HIGHER SECONDARY
EDUCATION, CHENGANNUR, PIN - 689121
4 THE PRINCIPAL,
HSS THIRUVAMPADY, PAZHAVEEDU.P.O,
ALAPPUZHA DISTRICT-, PIN - 688009
BY ADV.
SRI. TONY AUGUSTINE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 20.02.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:14369
WP(C) No.6628 of 2025
3
JUDGMENT
Dated this the 20th day of February, 2025
The petitioner is working as HSST (Junior) Maths.
She was initially appointed as HSA on 01.08.2000. While
working as HSA, she was appointed by-transfer as HSST
(Junior) on 15.07.2021 and her appointment was approved.
Pursuant to the approval, the petitioner's pay was fixed in the
promoted post of HSST (Junior) with effect from 15.07.2021.
In fact, there is no change in the pay as on 15.07.2021.
Though the fixation of pay on 15.07.2021 was approved, the
next increment was shifted to 15.07.2022 stating that there is
no provision for re-fixation or to protect the increment due in
the lower post. The said stand is absolutely incorrect.
2. The petitioner's increment in the post of
HSST (Junior) fell due on 01.10.2021. As on 01.10.2021, the
2025:KER:14369
petitioner's pay is only ₹70,000. Therefore, the petitioner is
having a substantial loss in the Basic Pay itself with effect
from 01.10.2021 for the reason that the petitioner has been
promoted to the post of HSST (Junior) from the category of
HSA.
3. The petitioner submits that the Teachers,
who were appointed after the petitioner's appointment and
who are continuing as HSA, are receiving higher salary than
the petitioner. The petitioner was denied the benefit only on
account of her promotion as HSST (Junior). In identical
situation, this Court by Ext.P4 judgment has held that where
there is an appointment to a higher post by direct recruitment
or otherwise, the benefit of re-fixation of pay by granting a
notional increment shall be given when there is change in the
pay in the lower post. Accordingly, this Court directed the
respondent to grant the benefit of re-fixation of pay in the
promoted post.
2025:KER:14369
4. Though the State preferred appeal against
the said judgment, the same was dismissed as per Ext.P5
judgment. SLP filed against Ext.P5 was also dismissed.
Aggrieved by the denial of benefit, the petitioner has filed
Ext.P6 petition before the Government and the same is
pending without consideration, contends the petitioner.
5. I have heard the learned counsel for the
petitioner and the learned Government Pleader representing
respondents 1 to 3.
6. The petitioner would contend that the stand
taken that decision No.4 below Rule 37(b) and Government
decision No.1(2) below Rule 28 A Part-I of KSR is not
applicable in the petitioner's case as the appointment is from
a higher pay scale to a lower pay scale, is incorrect and
unsustainable.
7. Be that as it may, I find that the petitioner
has preferred Ext.P6 representation in this regard before the
2025:KER:14369
1st respondent. In the facts of the case, I am of the view that
to meet the ends of justice, the 1 st respondent shall consider
Ext.P6 representation in the light of Exts.P4 and P5
judgments and Exts.P7 to P9 Government Orders.
The writ petition is therefore disposed of directing the
1st respondent to consider Ext.P6 representation and pass
appropriate orders thereon within a period of four months,
adverting to Exts.P4 and P5 judgments and Exts.P7 to P9
Government Orders also.
Sd/-
N.NAGARESH
JUDGE
spk
2025:KER:14369
APPENDIX OF WP(C) 6628/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER NO.
3790/C8/2021/RDD/CNGR DATED 03.02.2023
ISSUED BY THE 3RD RESPONDENT
Exhibit P2 TRUE COPY OF THE STATEMENT, SHOWING
THE FIXATION OF PAY IN THE POST OF
HSST (JR)MATHS W.E.F 15.07.2021
Exhibit P3 TRUE COPY OF THE ORDER NO.
RDD/HSE/CNGR/72/2025-C3 DATED
11.02.2025 ISSUED BY THE 3RD
RESPONDENT MATHS
Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 11-11-
Exhibit P5 TRUE COPY OF THE JUDGMENT OF THIS
HON'BLE COURT IN WA NO. 1556/2021
DATED 13-12-2021
Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED
12.02.2025 FILED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT
Exhibit P7 TRUE COPY OF GO(RT) 8052/2024/G.EDN
DATED 13.11.2024
Exhibit P8 TRUE COPY OF GO(RT) NO. 5846/2024/G.
EDN DATED 09.09.2024
Exhibit P9 TRUE COPY OF GO(RT) NO.
8037/2024/G.EDN DATED 12.11.2024
