Kerala High Court
WP(C)/30891/2021 of NANCY VARUGHESE Vs STATE OF KERALA on 31 December 2021
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 31ST DAY OF DECEMBER 2021 / 10TH POUSHA, 1943 WP(C) NO. 30891 OF 2021 PETITIONER: NANCY VARUGHESE AGED 55 YEARS, PRINCIPAL, MGM HIGHER SECONDARY SCHOOL THIRUVALLA, PATHANAMTHITTA-689 101 BY ADVS.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
FRIDAY, THE 31[ST] DAY OF DECEMBER 2021 / 10TH POUSHA, 1943
WP(C) NO. 30891 OF 2021
PETITIONER:
NANCY VARUGHESEPATHANAMTHITTA-689 101
AGED 55 YEARS, PRINCIPAL,
MGM HIGHER SECONDARY SCHOOL THIRUVALLA,
BY ADVS.M.A.FAYAZM.VISHNUPRIYAC.B.ABHINAVA
RESPONDENTS:
1STATE OF KERALAREPRESENTED BY SECRETARY TO THE GOVERNMENT,GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-695001.
2DIRECTOR OF GENERAL EDUCATION,OFFICE OF THE DIRECTOR GENERAL OF EDUCATION, JAGATHY THIRUVANANTHAPURAM-695001.
3REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION CHENGANOOR, O/O THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION CHENGANNOOR, ALAPUZHA- 689 121.
4REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION ERNAKULAM, O/O THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION ERNAKULAM ERNAKULAM- 682 011.
2
5CORPORATE MANAGER, CATHOLICATE AND MD SCHOOL DEVALOKAM, KOTTAYAM- 686 038BY ADV.GP SRI.APPU P.S
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON31.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 30891 OF 2021
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JUDGMENT
The petitioner is aggrieved by Exts.P5 and P8 orders issuedby the respondents 4 and 3. According to the petitioner, thepetitioner is entitled for fixation of pay on promotion as Principalunder Rule 28(A) of Part I KSR w.e.f 2.5.2014. However, thepetitioner's pay has been fixed under Rule 30 of Part I KSR. Thepetitioner has therefore, submitted Ext.P10 revision petition beforethe 1[st] respondent on 28/10/2021 praying to correct the anomaliesin the fixation of pay. The petitioner has also relied on Ext.P13Government Order, in which the anomalies in the fixation of paywith regard to another Teacher similarly situated like the petitionerhas been corrected by the Government.
2. The limited prayer of the petitioner is for considerationof Ext.P10 by the 1[st] respondent. The counsel for the petitionersubmits that the petitioner is due to retire from service on31/3/2022.
3. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents 1 to 4. In the nature of the direction I propose to pass, notice to the 5[th]respondent is dispensed with.
In the facts and circumstances of the case, there will be a direction to the 1[st] respondent to consider and pass orders onExt.P10 revision petition in accordance with law, after hearing thepetitioner, either physically or virtually, within a period of twomonths from the date of receipt of a copy of this judgment. The1[st] respondent shall also take into consideration of Exts.P13, P14and P15 at the time of consideration of Ext.P10 revision petition.The petitioner shall produce a copy of the writ petition withexhibits before the 1[st] respondent along with the certified copy ofthe judgment.
The writ petition is disposed of accordingly.
Sd/-
MURALI PURUSHOTHAMAN
JUDGE
ska
APPENDIX OF WP(C) 30891/2021
PETITIONER EXHIBITS
Exhibit P1PHOTOCOPY OF THE APPOINTMENT ORDER ISSUED BY THE 5TH RESPONDENT DATED 15/9/1998THE 5TH RESPONDENT DATED 15/9/1998
Exhibit P2PHOTOCOPY OF GO(P) NO.168/2013/(147)/FIN DATED11/4/201311/4/2013
Exhibit P3PHOTOCOPY OF THE ORDER NO.B3/6334/15/RDDE/HSE DATED 15/7/2015DATED 15/7/2015
Exhibit P4PHOTOCOPY OF THE GO(MS) NO.390/2015/(210)/FIN DATED 7/9/2015 DATED 7/9/2015
Exhibit P5PHOTOCOPY OF THE ORDER NO.B3/11623/2015/RDDE DATED 20/11/2015 ISSUED BY THE 4TH RESPONDENTDATED 20/11/2015 ISSUED BY THE 4TH RESPONDENT
Exhibit P6PHOTOCOPY OF THE GOVERNMENT LETTER NO.138/T1/2017/G.EDN DATED 20.8.2018NO.138/T1/2017/G.EDN DATED 20.8.2018
Exhibit P7
PHOTOCOPY OF THE LETTER NO.5217/C7/2020/RDD/CNGR DATED 14/10/2020 NO.5217/C7/2020/RDD/CNGR DATED 14/10/2020
ISSUED BY THE 3RD RESPONDENT
Exhibit P8PHOTOCOPY OF THE LETTER NO.A6/1547/2021/RDD/HSE/EKM/PAY FIXATION DATED22.3.2021 ISSUED BY THE 4TH RESPONDENTNO.A6/1547/2021/RDD/HSE/EKM/PAY FIXATION DATED22.3.2021 ISSUED BY THE 4TH RESPONDENT
Exhibit P9PHOTOCOPY OF THE LETTER NO.5217/C7/2020/RDD/CNGR DATED 14/10/2020NO.5217/C7/2020/RDD/CNGR DATED 14/10/2020
Exhibit P10PHOTOCOPY OF THE REVISION PETITION FILED BY THE PETITIONER DATED 28/10/2021 BEFORE THE 1STRESPONDENTTHE PETITIONER DATED 28/10/2021 BEFORE THE 1STRESPONDENT
Exhibit P11PHOTOCOPY OF THE POSTAL RECEIPT EVIDENCING THEFORWARDING THE REVISION PETITION DATED 8/11/2021FORWARDING THE REVISION PETITION DATED 8/11/2021
Exhibit P12
Exhibit P13
Exhibit P14
Exhibit P15
PHOTOCOPY OF THE JUDGMENT IN WP(C)NO.7028/2020DATED 9/3/2020
PHOTOCOPY OF GO(RT).NO.4097/2021/G.EDN DATED 16/9/2021
PHOTOCOPY OF THE STATEMENT DATED 31/12/2018 ISSUED IN RESPECT OF SMT.RUBY C.KURUVILA
PHOTOCOPY OF THE STATEMENT DATED 31.12.2016 ISSUED IN RESPECT OF SMT.RAJASREE.B