2025:KER:28720 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 9837 OF 2025 PETITIONER: BINY MATHEW, AGED 54 YEARS, W/O SEN ABRAHAM T.A, KAIPPENPLACKAL THALAVAYALIL HOUSE, PULIYANNOOR P.O, PALA, KOTTAYAM, PIN - 686573 BY ADVS. JOSE ABRAHAM VIMAL VIJAY REBIN VINCENT GRALAN MANAS P HAMEED RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE PRINCIPAL SECRETARY, TO THE GOVERNMENT OF KERALA, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM, PIN - 695001 3 THE DIRECTOR OF GENERAL EDUCATION, DIRECTORATE OF GENERAL EDUCATION 2025:KER:28720 W.P.(C) No.9837/2025 : 2 : (HIGHER SECONDARY WING), HOUSING BOARD BUILDING, SANTHINAGAR, THIRUVANANTHAPURAM, PIN - 695001 4 THE REGIONAL DEPUTY DIRECTOR, OFFICE OF THE RDD OF HIGHER SECONDARY EDUCATION, KOTTAYAM, PIN - 686001 5 HOLY CROSS HIGHER SECONDARY SCHOOL, CHERPUNKAL P.O. KOTTAYAM, REPRESENTED BY THE MANAGER, PIN - 686584 BY ADV. SMT.ANIMA M., GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:28720 W.P.(C) No.9837/2025 : 3 : JUDGMENT Dated this the 3rd day of April, 2025 The petitioner was appointed to the post of HST Junior on 17.09.2002 as per Ext.P1. The petitioner was promoted to the post of HSST Chemistry (by transfer) on 01.06.2022, and the same was approved by the 4th respondent as per Ext.P2. 2. The petitioner was promoted in the pay scale ₹55,200-1,15,300/- and the pay was fixed at ₹81,000/- per month in the promotion post which came into effect from 01.09.2021. However, the petitioner’s promotion to the post was effected on 01.06.2022. The petitioner was entitled to an increment from 01.09.2022, which should have been revised to ₹83,000/-. However, the petitioner’s increment was only granted from 01.06.2023, causing a delay of almost 10 months in receiving the rightful increment, as per Ext.P3. 2025:KER:28720 W.P.(C) No.9837/2025 : 4 : 3. The petitioner’s case is similar to that of the person involved in W.P.(C) No.14753 of 2020 which is filed seeking similar relief. This Court allowed the writ petition and directed the respondents to grant the petitioner the benefit of re-fixation of pay in the scale of pay of HSST (Junior) with effect from the date of promotion as provided in Government decision No.4 under Rule 37 (b) of Part-I KSR as per Ext.P4, contends the petitioner. 4. Aggrieved by Ext.P4, the respondents filed W.A.No.1556 of 2021 before this Court. A Division Bench of this Court upheld Ext.P4 judgment wherein it has been stated that the petitioner is entitled to the benefit of re-fixation of pay under Decision No.4 to Rule 37(b) of Part I of the Kerala Service Rules (KSR). As per the directions issued in that case, the Court had directed that the petitioner therein be granted the benefit of an additional increment that would have been accrued had she continued in her previous post, in addition to the proper re-fixation of pay on promotion as per Ext.P5. 2025:KER:28720 W.P.(C) No.9837/2025 : 5 : 5. Even though Ext.P5 judgment was challenged by the State Government before the Apex Court in SLP(C) No.4420 of 2023, the same was dismissed by the Hon’ble Apex Court without interfering Exts.P4 and P5 judgments of this Court. 6. Following the direction of this Court in Ext.P5, the Government passed G.O.(Rt)No.5846/2024/GEDN dated 09.09.2024 to grant similar relief to other similarly placed employees as per Ext.P6. Pursuant to Exts.P4 and P5 judgments, the respondents granted similar relief to other similarly placed persons as per Exts.P7, P8 and P9. 7. The petitioner submitted Ext.P10 representation before the 2nd respondent seeking extension of the benefits as provided in Ext.P4 to the petitioner. However, no action has been taken on the petitioner’s request. This Court disposed of similar matter in W.P.(C) No.23518 of 2024 directing the respondents to grant fixation benefits and date of 2025:KER:28720 W.P.(C) No.9837/2025 : 6 : next increment to the petitioner in the post of HSST as per the law laid down by this Court in Ext.P5 judgment as per Ext.P11. 8. In the above circumstances, aggrieved by the inaction on Ext.P10 representation and non-grant of the benefit of the Ext.P6 order pursuant to Ext.P5 judgment to the petitioner by the 2nd respondent, the petitioner is before this Court. 9. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents. 10. The grievance regarding fixation of pay and increment was considered by this Court in another writ petition W.P.(C) No.14753 of 2020 and a learned single judge of this Court came to the conclusion that the pay fixation benefit has to be granted to the petitioner therein and the date of increment has to be advanced. The said judgment was upheld by a Division Bench of this Court in Ext.P5 judgment. 2025:KER:28720 W.P.(C) No.9837/2025 : 7 : 11. As the legal issue involved in this case is covered in favour of the petitioner, this writ petition can be disposed of directing the 2nd respondent to consider Ext.P10 representation and take a decision thereon in the light of Exts.P4 and P5 judgments of this Court. The writ petition is accordingly disposed of directing the 2nd respondent to consider Ext.P10 representation submitted by the petitioner and take appropriate decision thereon in the light of the law laid down by this Court in Exts.P4 and P5 judgments. A decision in this regard shall be taken within a period of four months. Sd/- N. NAGARESH JUDGE SR 2025:KER:28720 W.P.(C) No.9837/2025 : 8 : APPENDIX OF WP(C) 9837/2025 PETITIONER'S EXHIBITS: Exhibit P1 A TRUE COPY OF THE APPOINTMENT ORDER NO. ACD.B4/1046/HSE/2002 DATED 19.10.2003 Exhibit P2 A TRUE COPY OF THE ORDER NO. RDD/HSE/KOTTAYAM/55/2024/B2 DATED 12.03.2024 OF THE 4TH RESPONDENT Exhibit P3 A TRUE COPY OF THE DETAILS OF PAY REVISION FIXATION DATED NIL Exhibit P4 A TRUE COPY OF JUDGMENT IN WP(C) NO.14753/2020 DATED 11.11.2020 OF THE HON'BLE COURT. Exhibit P5 A TRUE COPY OF JUDGMENT IN WA 1556/2021 PASSED BY THIS HON’BLE COURT DATED 13.12.2021 OF THE HON'BLE COURT. Exhibit P6 A TRUE COPY OF THE GOVERNMENT ORDER G.O (RT) NO. 5846/2024/GEDN DATED 09.09.2024 Exhibit P7 A TRUE COPY OF G.O(RT) NO.8063/2024/GEDN DATED 14.11.2024 Exhibit P8 A TRUE COPY OF G.O(RT) NO.8052/2024/GEDN DATED 13.11.2024 Exhibit P9 A TRUE COPY OF G.O(RT) NO.8037/2023/GEDN DATED 12.11.2024 Exhibit P10 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 02.11.2024 Exhibit P11 A TRUE COPY OF JUDGMENT IN WP(C) NO. 23518/2024 DATED 30.01.2025 OF THE HON'BLE COURT.