WRIT PETITION 7068 OF 2017 on 16 August 1986

JUDGMENT

The petitioner states that he entered service as a Full-Time Menial(FTM) in the RM High School, Melattur on 16.08.1986 and his appointmentstands approved by the 3rd respondent by Ext.P1 order. He continued towork as such till 20.06.1990. While so, a certain Sreedharan Unni, the LowerDivision Clerk of the school, expired, and in the said vacancy, the petitionerwas appointed as Lower Division Clerk with effect from 21.06.1990 as perExt.P2 order. The petitioner asserts that he was granted the First Time BoundHigher Grade promotion on completion of 10 years of service with effect from22.06.2000 and later, the said 10 years higher grade was made admissiblefrom 21.07.2001 on his acquiring the departmental test qualification. Thepetitioner refers to Ext.P3 Pay Fixation Statement to substantiate the saidcontention. He further contends that he was sanctioned the Second TimeBound Higher Grade with effect from 22.06.2006 on completion of 16 yearsof service. Later, he was granted the Third Time Bound Higher Grade with effect from 16.08.2008 on completion of 22 years of service. The petitioner refers to Ext.P4 Pay Fixation Statement and contends that his pay was fixed at Rs.19,240/- in the scale of pay of Rs.14,620/- – Rs.25,280/-.

2. While so, the District Educational Officer (DEO), Wandoor, the 3rd respondent, issued Ext.P5 order on 10.10.2013 ordering that as per the 2009Pay Revision order, the petitioner would not be eligible for the scale of pay of Rs.14,620/- – Rs.25,280/- but only eligible for the scale of pay, i.e.,Rs.13,900/- - Rs.24040/- and directions were issued to place the petitioner ina lower pay scale with effect from 16.08.2010.

3. The petitioner contends that the said order cannot be sustained in the light of Ext.P6 Government Order wherein it is stated that the existing benefit of Third Time Bound Higher Grade in the scale of pay of JuniorSuperintendent shall be allowed to a Lower Division Clerk in aided school and the same shall be continued.

4. The petitioner states that in terms of Ext.P6, the 3rd respondent has issued Ext.P7 order ordering to fix the pay of the petitioner atRs.19,740/- with effect from 16.08.2010 in the scale of pay at Rs.16,180/- -Rs.29,180/- and at Rs.22,360/- with effect from 16.08.2013 in the scale ofpay at Rs.16,980/- - Rs.31,360/-.

5. However, the Deputy Director of Education (DDE), Malappuram,vide Ext.P8 order, objected to the pay fixed at Rs.19,740/- in the scale of payat Rs.16,180/- - Rs.29,180/- and the service book of the petitioner wasreturned by admitting his pay at Rs.18,740/- in the scale of pay atRs.13,900/- - Rs.24,040/-. The said order is under challenge in this writpetition.

6. In the counter affidavit filed by the 3rd respondent, after detailingthe facts, it is stated that on the basis of G.O.(MS) No.216/14(192) Fin. dated11/6/2014, the Third and Fourth Time Bound Higher Grade, which hadalready been sanctioned to the petitioner, was modified with effect from16.08.2010. However, the Deputy Director of Education (DDE), by letterdated 31.08.2015, objected to the pay fixed at Rs.19,740/- in the scale of pay Rs.16,180/- - Rs.29,180/- and the Fourth Time Bound Higher Grade statingthe reason that last grade service is counted for Third Time Bound HigherGrade and an aided school clerk is not eligible for the Fourth Time BoundHigher Grade. It is further stated that as per the letter dated 27.09.2014, theThird Time Bound Higher Grade in the scale of Junior Superintendent isadmissible to aided school Clerks. However, as per paragraph 2 of the letterdated 27.09.2014, for completing 23 years of service in the cadre of Clerk inaided school, the Junior Superintendent scale of pay is admissible as perGO(MS) No.1605/99/(29)/Fin dated 20.07.1999. It is also stated that thepetitioner is eligible for a third time bound higher grade with effect from22.06.2012, but not with effect from 16.08.2010 as the petitioner wouldcomplete 22 years of service in the cadre of Clerk only with effect from22.06.2012.

7. I have heard Sri. K. Mohanakannan, the learned counsel appearingfor the petitioner, who submits that while issuing Ext.P8, the implications ofExt.P6 were not considered. It is also submitted that it is admitted in the counter affidavit filed by the 4th respondent that the Third Time BoundHigher Grade in the scale of Junior Superintendent is admissible to aidedschool clerk.

8. The learned Government Pleader, on instructions, submitted that the pay statement was submitted by the petitioner herein claiming eligibilityfrom 16.08.2010. If the petitioner submits a fresh pay statement showing hiseligibility from 22.06.2012 for Selection Grade in terms of Ext.P6, appropriatedecision can be taken by the 3rd respondent, DEO.

9. Having considered the submissions advanced, I find that therespondents have reiterated that the petitioner is entitled to the Third TimeBound Higher Grade in the scale of Junior Superintendent. However, thesame can be only with effect from 22.06.2012.

In that view of the matter, necessary directions can be issued to the 3rd respondent to reconsider the matter in light of Ext.P6. The petitioner isdirected to file a fresh statement showing his eligibility for Third Time Bound Higher Grade with effect from 22.06.2012. If the said statement is filed, the3rd respondent shall reconsider the matter in the light of Ext.P6 and pass fresh orders, expeditiously, in any event, within a period of three monthsfrom the date of receipt of a copy of this judgment.

This writ petition is disposed of.

NS

Sd/-

RAJA VIJAYARAGHAVAN V

JUDGE

PETITIONER(S) EXHIBITS :

EXHIBIT P1.TRUE COPY OF THE APPOINTMENT ORDER DATED 16.08.1986 OF THE PETITIONER.EXHIBIT P2.TRUE COPY OF THE APPOINTMENT ORDER DATED 23.06.1990 APPROVAL OF THE PETITIONER AS LDC.EXHIBIT P3.TRUE COPY OF THE PAY FIXATION STATEMENT DATED 30.08.2000 AND 16.10.2002.EXHIBIT P4.TRUE COPY OF THE PAY FIXATION STATEMENT DATED 25.09.2007 AND 10.10.2013.EXHIBIT P5.TRUE COPY OF THE ORDER DATED 10.10.2013 OF DEO, WANDUR.EXHIBIT P6.TRUE COPY OF THE GO(MS)NO.216/14/(192)/FIN DATED 11.06.2014.EXHIBIT P7.TRUE COPY OF THE ORDER NO.A3/13/2015/K.DIS DATED 07.07.2015 OF THE DISTRICT EDUCATIONALOFFICER.EXHIBIT P8.TRUE COPY OF THE LETTER NO.F3/4045/2015 DATED 31.08.2015.

RESPONDENT(S) EXHIBITS : NIL