Kerala High Court
Deepa M.K vs State Of Kerala on 7 March, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:19785
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 7TH DAY OF MARCH 2025 / 16TH PHALGUNA, 1946
WP(C) NO. 9202 OF 2025
PETITIONER:
DEEPA M.K.,
AGED 45 YEARS,
W/O UNNIKRISHNAN, HSST ENGLISH HHSIB,
SWAMIJIS HSS, EDNEER.P.O,
KASARAGOD DISTRICT,
(RESIDING AT KUYIMBALLA, HOUSE, THANNITHODE,
PERIYE.P.O, KASARAGOD, PIN - 671316
BY ADVS.
T.T.MUHAMOOD
A.RENJIT
GOKUL R.NAIR
ANSALAM N.X.
VENUGOPAL C.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED 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
3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER
SECONDARY EDUCATION,
OFFICE OF THE RDD OF HIGHER SECONDARY EDUCATION,
KANNUR, PIN - 670001
2025:KER:19785
W.P.(C) No.9202/2025
:2:
4 THE PRINCIPAL,
HHSIB, SWAMIJIS HSS, EDNEER.P.O,
KASARAGOD DISTRICT, PIN - 671541
BY ADV.
SRI.V.VENUGOPAL, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.03.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:19785
W.P.(C) No.9202/2025
:3:
JUDGMENT
Dated this the 7th day of March, 2025
The petitioner is working as HSST (English). She was
initially appointed as HSST(Junior) English on 12.01.2006. She
was granted selection grade with effect from 12.01.2021 and her
pay was fixed in the scale of pay ₹56,500 - 1,18,100. While
working as HSST(Junior) she was appointed by transfer as
HSST on 01.06.2022 and her appointment was approved.
Pursuant to the approval, the petitioner's pay was fixed in the
promoted post of HSST with effect from 01.06.2022. In fact,
there is no change in the pay as on 01.06.2022. Though the
fixation of pay on 01.06.2022 was approved, the next increment
was shifted to 01.06.2023 stating that there is no provision for
refixation or to protect the increment due in the lower post. The
said stand is absolutely incorrect.
2025:KER:19785
2. The petitioner's increment in the post of HSST
(Junior) fell due on 01.01.2023. Had the petitioner continued in
the post of HSST(Junior), her increment would have fell due on
01.01.2023 and her pay has to be fixed at the rate of ₹75,400/-
with effect from 01.01.2023. Now, after promotion, as on
01.01.2023, the petitioner's pay is only ₹73,600/-. Therefore, the
petitioner is having substantial loss in the basic pay itself with
effect from 01.01.2023 for the reason that the petitioner has
been promoted to the post of HSST from the category of
HSST(Junior).
3. It is submitted that the Teachers who were
appointed after the petitioner's appointment and who are
continuing as HSST(Junior) are receiving higher salary than the
petitioner. The petitioner was denied the benefit only on account
of her promotion as HSST.
4. 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
2025:KER:19785
re-fixation of pay by granting a notional increment shall be given
when there is the change in the pay in the lower post.
Accordingly, this Court directed the respondents to grant the
benefit of re-fixation of pay in the promoted post.
5. Though the State preferred Appeal against the
said judgment, the same was dismissed as per Ext.P5 judgment
dated 13.12.2021 in W.A.No.1556 of 2021. SLP filed against
Ext.P5 was also dismissed.
6. Aggrieved by the denial of benefit, the
petitioner has filed Ext.P6 petition before the Government and
the same is pending without consideration. The Government
have issued series of orders granting the said benefits to others.
Exts.P7 to P9 are some of them, contends the petitioner.
7. I have heard the learned counsel for the
petitioner and the learned Senior Government Pleader
representing the respondents.
8. The petitioner, while working as HSST (Junior)
English, was posted in the upgraded post of HSST. On such
2025:KER:19785
upgradation, the date of next increment created problem for the
petitioner. It is in these circumstances that the petitioner is
before this Court.
9. Going through the pleadings, I find that the
issue was considered by this Court in Exts.P4 and P5
judgments. As the issue is decided by this Court, I am of the
view that the 1st respondent can consider the grievance of the
petitioner raised in Ext.P6 in the light of Exts.P4 and P5. The
petitioner would submit that as per Exts.P7 to P9 other similarly
situated Teachers have been granted benefit of Exts.P4 and P5.
The writ petition is accordingly disposed of directing the
1st respondent to consider Ext.P6 representation submitted by
the petitioner after adverting to Exts.P4 and P5 and Exts.P7 to
P9. Orders shall be passed within a period of four months.
Sd/-
N. NAGARESH
JUDGE
SR
2025:KER:19785
APPENDIX OF WP(C) 9202/2025
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE STATEMENT OF PAY DATED
01.02.2021, SHOWING THE FIXATION OF PAY
IN THE POST OF SELECTION GRADE W.E.F
12.01.2021
Exhibit P2 TRUE COPY OF THE ORDER NO.
B4/4231/2022/K.DIS DATED 15.05.2023
ISSUED BY THE 3RD RESPONDENT
Exhibit P3 TRUE COPY OF THE ORDER NO.
RDDHSE/KNR/2503/2023-B4 DATED 03.08.2023
FIXING THE PAY OF THE PETITIONER
Exhibit P 4 TRUE COPY OF THE JUDGMENT DATED 11-11-
Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 13-12-
2021 IN WA NO. 1556/2021 IN THE HON'BLE
HIGH COURT OF KERALA AT ERNAKULAM
Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED
24.12.2024 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.
