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Kerala High Court
Sheema P vs State Of Kerala on 13 February, 2026
Author: N.Nagaresh
Bench: N.Nagaresh
2026:KER:13163
WP(C) NO. 5612 OF 2026
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 13TH DAY OF FEBRUARY 2026 / 24TH MAGHA, 1947
WP(C) NO. 5612 OF 2026
PETITIONER:
SHEEMA P
AGED 40 YEARS
W/O. ANEESHKUMAR,
H.S.T SANSKRIT,
DEVAMATHA HIGH SCHOOL, PAISAKARI,
RESIDING AT ‘SHEENALAYAM',
KALLIAD POST,
KANNUR DISTRICT, PIN - 670693
BY ADVS.
SHRI.POOVAMULLE PARAMBIL ABDULKAREEM
SRI.K.N.KUMARASWAMY SARMA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION,
GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 DEPUTY DIRECTOR OF EDUCATION
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
KANNUR, PIN - 670002
3 DISTRICT EDUCATIONAL OFFICER
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
TALIPARAMBA, KANNUR DISTRICT, PIN - 670141
4 ASSISTANT EDUCATIONAL OFFICER
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
WP(C) NO. 5612 OF 2026
2026:KER:13163
2
TALIPARAMBA NORTH,
KANNUR DISTRICT, PIN - 670141
5 CORPORATE MANAGER
CORPORATE EDUCATIONAL AGENCY,
ARCHDIOCESE OF THALASSERY,
SANDESHABHAVAN, P.B. NO. 70,
KANNUR DISTRICT, PIN - 670101
6 HEADMASTER
DEVAMATHA HIGH SCHOOL,
PAISAKARI, PAISAKARI POST,
KANNUR DISTRICT, PIN - 670693
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.02.2026, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 5612 OF 2026
2026:KER:13163
3
N. NAGARESH, J.
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W.P.(C) No.5612 of 2026
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Dated this the 13th day of February, 2026
JUDGMENT
The petitioner is presently working as H.S.T Sanskrit
with Full-Time benefit in Devamatha High School, Paisakari.
The petitioner entered service as L.G. Sanskrit Teacher
(Part-Time) with effect from 01.06.2010 onwards. On
completion of 5 years part time continuous service from
01.06.2010, the petitioner was granted Full-Time benefit with
effect from 01.06.2015. Thereafter, she was promoted to the
post of H.S.T. Sanskrit (Part-time) from 08.06.2015 and her
pay was fixed in the said post in the scale of Rs.25,200/-.
2. However, after 9 years of its fixation, the 2nd
respondent has objected the same and issued Ext.P6 audit
report objecting the initial sanction of Full-Time benefit and
subsequent fixation of pay in H.S.T under Rule 28A Part I
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KSR holding that the fixation of pay is against
G.O(MS)No.4/95/G.Edn dated 04.01.1995. According to the
petitioner, the Full-Time benefit sanctioned by the
Department and pay fixed in the higher post under Rule 28A
Part I KSR are legally valid and justifiable.
3. The petitioner submits that if the promotion
is from a Part-Time post to another Part-Time post with a
different salary scale, the pay fixation generally ensures that
new basic pay is not less than the previous basic pay plus
one increment. In this case, the petitioner was promoted to
the post of H.S.T Sanskrit after getting Full-Time benefit.
Therefore, her scale of pay fixed by the Educational Officer is
legally valid. Now, recovery has been ordered in Ext.P6 by
the 2nd respondent after 9 years of its fixation, which is illegal
and cannot be permitted to be recovered from a Class III
employee at this stage, especially when the excess amount
allegedly drawn by the petitioner might be more than Rs.7
lakhs.
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4. I have heard the learned counsel for the
petitioner and the learned Government Pleader representing
respondents 1 to 4.
5. Against Exts.P4 and P6 orders, the
petitioner has preferred Exts.P5 revision petition and P7
representation. In the facts of the case, I am of the view that
Exts.P5 and P7 can be considered by the respondents in
accordance with law within a reasonable time.
The writ petition is therefore disposed of directing
the 1st respondent to consider Exts.P5 and P7 and pass
appropriate orders thereon within a period of three months
after giving an opportunity of hearing to the petitioner. Till a
decision is taken by the 1st respondent, coercive proceedings
as against the petitioner, if any, pursuant to Exts.P4 and P6
orders shall stand deferred.
Sd/-
N. NAGARESH, JUDGE
sos/13.02.2026
WP(C) NO. 5612 OF 2026
2026:KER:13163
APPENDIX OF WP(C) NO. 5612 OF 2026
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER
DATED 01/06/2010 ISSUED BY THE 5TH
RESPONDENT
Exhibit P2 TRUE PHOTO COPY OF THE ORDER NO.
K.DIS. E/3158/2015 DATED 03/09/2015
ISSUED BY THE 4TH RESPONDENT
Exhibit P3 TRUE COPY OF THE APPOINTMENT ORDER
DATED 08/06/2015 ISSUED BY THE 5TH
RESPONDENT
Exhibit P4 TRUE COPY OF THE ORDER NO. B2/4349/21
A. DIS. DATED 29/11/2021 ISSUED BY THE
3RD RESPONDENT
Exhibit P5 TRUE COPY OF THE REVISION PETITION
DATED 19/01/2026 SUBMITTED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT
Exhibit P6 TRUE COPY OF THE RELEVANT PAGES OF
AUDIT REPORT DATED NIL ISSUED BY THE
2ND RESPONDENT DATED NILL
Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED
20/01/2026 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT
Exhibit P8 TRUE COPY OF THE GO (MS) NO.
189/82/G.EDN. DATED 14/12/1982
Exhibit P9 TRUE COPY OF THE GO(MS) NO.
11/87/G.EDN. DATED 7/1/1987
