Kerala High Court
Sulaja V.M vs The State Of Kerala on 17 March, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:22373
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
MONDAY, THE 17TH DAY OF MARCH 2025 / 26TH PHALGUNA, 1946
WP(C) NO. 10167 OF 2025
PETITIONER:
SULAJA V.M
AGED 55 YEARS
D/O N. MADHAVANPILLAI,
RESIDING AT CHANDRA SARAS,
KURUMANDAL, PARAVUR, KOLLAM,
WORKING AS HSST IN COMMERCE ASHSS,
PARIPPALLY, PIN - 691301
BY ADVS.
HARISH GOPINATH
SURUMI NAZAR
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 DIRECTOR OF GENERAL EDUCATION
DIRECTORATE OF GENERAL EDUCATION,
(HIGHER SECONDARY WING),
HOUSING BOARD BUILDING, SANTHINAGAR,
JAGATHY, THIRUVANANTHAPURAM,
KERALA, PIN - 695014
2025:KER:22373
WP(C) No.10167 of 2025
2
3 REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION
UNIVERSITY OF KERALA SENATE HOUSE CAMPUS,
PALAYAM,THIRUVANANTHAPURAM, PIN - 695033
4 PRINCIPAL
AMRITHA SANSKRIT HSS PARIPPALLY,
KOLLAM, PIN - 691574
5 MANAGER
AMRITHA SANSKRIT HSS PARIPPALLY,
KOLLAM, PIN - 691574
BY ADV.
SMT. ANIMA M., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 17.03.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
2025:KER:22373
WP(C) No.10167 of 2025
3
JUDGMENT
Dated this the 17th day of March, 2025
Petitioner is working as HSST Commerce with effect
from 15.07.2021 in Amritha Sanskrit HSS, Parippally. The
petitioner was initially appointed as HSST (Junior) on
19.09.2003 and on completion of eight years of service, the
petitioner was granted first Higher Grade on 19.09.2011. On
completion of 15 years of service, the petitioner was granted
Selection Grade with effect from 19.09.2018. Accordingly, the
petitioner's pay was fixed in the pay scale of ₹56500-118300.
2. After promotion as HSST Commerce with
effect from 15.07.2021 in the scale of pay Rs.55200-115300,
the petitioner's pay had to be fixed in the promotion post with
effect from 15.07.2021 and the petitioner is also entitled to the
benefit of re-fixation. Therefore, a statement was submitted
2025:KER:22373
through the 4th respondent for fixation of her pay by protecting
her pay drawn as HSST (Junior) in terms of Rule 37(b) of
Part-I of KSR with re-fixation of her pay on 01.09.2021 as
there was a change of pay in the lower post on account of
annual increment as usual.
3. Unfortunately, the 2nd respondent rejected
the pay fixation statement with oral instructions to submit a
revised statement. Accordingly, a revised statement of fixation
was submitted by the Principal fixing her pay as on
15.07.2021 at the same pay as was received by the petitioner
as HSST (Junior) with annual increment falling due only on
15.07.2022.
4. The petitioner submits that the fixation of the
petitioner's pay as per Ext.P3 is incorrect. Hence, on
18.11.2024, the petitioner has submitted a detailed
representation to the 1st respondent. Though Ext.P8 is
2025:KER:22373
submitted as early as on 18.11.2024, no orders have been
passed yet. The petitioner is to retire on 31.05.2025. Hence,
the petitioner is before this Court.
5. I have heard the learned counsel for the
petitioner and the learned Government Pleader representing
respondents 1 to 3.
6. Going through the pleadings in the writ
petition, I find that the issue was considered earlier by this
Court in Exts.P4 and P5 judgments. In Ext.P4, this Court held
as follows:
7. However Government decision No.4 under
Rule 37 (b) specifically provides that an officer
officiating in a post, when appointed to a higher post
on the advice of the Public Service Commission or
otherwise, is eligible for his initial pay being fixed
under this Rule and is also entitled to the benefit of
re-fixation contemplated in the last sentence of sub-
rule (a). It is therefore evident that in every case
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 as
provided in Rule 28A is contemplated. It is clear that
Government decision No.4 which did not give this
2025:KER:22373
benefit even for appointments through Public
Service Commission had been substituted by the
present provision on 21.10.1988 to have effect from
31.10.1986. It is clear that the Government decision
was inserted to give the benefit of re-fixation even
to officers who are appointed in terms of the special
Rules or through Public Service Commission to
posts carrying a lower time scale of pay than the
posts they were holding. It is therefore to rectify the
widespread anomalies in senior officers being
granted lower scales of pay, if the benefit of re-
fixation is denied to them that the Government
decision No.4 under Rule 37 (b) and Government
decision No.1(2) under Rule 28 A were amended by
the Government. There is nothing in the
Government decision No.4 under Rule 37 (b) to
suggest that the benefit would be available only
where a person is being appointed by transfer from
a lower time scale of pay to a higher time scale of
pay. As a matter of fact, the Government decisions
specifically applies in a case like the petitioner's,
since otherwise the re-fixation would be available
under Rule 28A itself.
In view of Ext.P4 judgment, I am of the view that the
petitioner's Ext.P8 representation is liable to be considered.
The writ petition is accordingly disposed of directing
the 1st respondent to consider Ext.P8 representation
submitted by the petitioner taking note of Exs.P4 and P5
judgments and take appropriate decision thereon, within a
2025:KER:22373
period of four months. Needless to say, if the decision is in
favour of the petitioner, consequential monetary benefits shall
be extended to the petitioner expeditiously.
Sd/-
N.NAGARESH
JUDGE
spk
2025:KER:22373
APPENDIX OF WP(C) 10167/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE ORDER NO. ACD.B3-
18271/HSE/2000 DATED 19/06/2004 ISSUED
BY THE 3RD RESPONDENT
Exhibit P2 TRUE COPY OF THE ORDER NO. TRO-
10/8119/2021/HSE DATED 04/02/2022
ISSUED BY THE 3RD RESPONDENT
Exhibit P3 TRUE COPY OF THE PAY FIXATION
STATEMENT SUBMITTED THROUGH THE 4TH
RESPONDENT AND APPROVED BY THE 3RD
RESPONDENT DATED 08/08/2024
Exhibit P4 TRUE COPY OF THE JUDGMENT DATED
11/11/2020 IN WP(C) 14753/ 2020
Exhibit P5 TRUE COPY OF THE JUDGMENT DATED
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED
03/10/2023 IN WP(C)32321/2023
Exhibit P7 TRUE COPY OF THE GOVERNMENT ORDER
BEARING NO. GO(RT)5846/2024/ G.EDN
DATED 09/09/2024
Exhibit P8 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER TO THE 1ST
RESPONDENT DATED 18/11/2024
