2025:KER:28717 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. 10623 OF 2025 PETITIONER: KG BEENA, AGED 52 YEARS, W/O. C S SAJEEV, HSST(JR) (POLITICAL SCIENCE), SNDP HIGHER SECONDARY SCHOOL ADIMALI AMBALAPPADI, ADIMALI, IDUKKI DISTRICT, PIN - 685561 BY ADVS. K.B.GANGESH SMITHA CHATHANARAMBATH ATHIRA A.MENON HARISANKAR.K.V. RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 DIRECTOR OF GENERAL EDUCATION (HIGHER SECONDARY), DIRECTORATE OF GENERAL EDUCATION JAGATHI, THIRUVANANTHAPURAM, PIN - 695014 3 THE REGIONAL DEPUTY DIRECTOR, OFFICE OF THE REGIONAL DEPUTY DIRECTOR, ERNAKULAM, SRV SCHOOL BUILDING 3, SRV RD, ERNAKULAM SOUTH, ERNAKULAM, PIN - 682011 2025:KER:28717 W.P.(C) No.10623/2025 : 2 : 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:28717 W.P.(C) No.10623/2025 : 3 : JUDGMENT Dated this the 3rd day of April, 2025 The petitioner was appointed as HSST (Junior) in Political Science under the corporate management of SNDP Yogam Schools by way of by transfer appointment from the post of HSA (Maths) on 17.02.2017. First increment was granted to the petitioner in the post of HSST (Junior) on 01.06.2017. Fixation of the petitioner's pay in the post of HSST (Junior) was sanctioned by the 3rd respondent upon shifting the date of 1st increment of the petitioner from 01.06.2017 to 01.02.2018. On 03.09.2024, the petitioner sent request to the 1st respondent to correct the anomaly in fixation of her pay as HSST (Junior). 2. The date of increment is shifted to the date of promotion only in a case where the appointment is effected to a 2025:KER:28717 W.P.(C) No.10623/2025 : 4 : post having higher Scale of Pay. In such cases, going by Rule 28A of Part I of KSR, higher Scale of Pay is sanctioned from the date of promotion and next increment in the promoted post is to be granted one year thereafter. 3. As far as the petitioner is concerned, her yearly increment as HSA (Maths) was due on 1st of June every year. She was appointed as HSST (Junior) by way of by transfer appointment on 17.02.2017. In this case, HSST (Junior) had a lower Scale of Pay when compared to her pay as HSA (Maths). Therefore, there was no sanction of higher Scale of Pay. In fact her pay remained the same. Therefore, there was no need for changing her date of increment to one year after her appointment as HSST (Junior). 4. As a result of change of her date of increment from 01.06.2017 to one year after the date of her appointment as HSST (Junior) to 01.02.2018, the petitioner has lost one increment in the year 2017. Pointing out the aforesaid anomaly, 2025:KER:28717 W.P.(C) No.10623/2025 : 5 : the petitioner has preferred Ext.P3 representation to the 1st respondent. The said representation remains unattended, contended the petitioner. 5. I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents. 6. 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 W.A.No.1556 of 2021. 7. As the legal issue involved in this case is covered in favour of the petitioner, this wirt petitoin can be disposed of directing the 1st respondent to consider Ext.P3 representation 2025:KER:28717 W.P.(C) No.10623/2025 : 6 : and take a decision thereon in the light of judgment in W.A.No.1556 of 2021 of this Court. The writ petition is accordingly disposed of directing the 1st respondent to consider Ext.P3 representation submitted by the petitioner and take appropriate decision thereon in the light of the law laid down by this Court in W.A.No.1556 of 2021. A decision in this regard shall be taken within a period of four months. Sd/- N. NAGARESH JUDGE SR 2025:KER:28717 W.P.(C) No.10623/2025 : 7 : APPENDIX OF WP(C) 10623/2025 PETITIONER'S EXHIBITS: Exhibit P1 THE RELEVANT PAGES OF THE SERVICE BOOK OF THE PETITIONER EVIDENCING CORRECTION OF HER DATE OF YEARLY INCREMENT Exhibit P2 FIXATION OF THE PETITIONER’S PAY IN THE POST OF HSST (JR) AS SANCTIONED BY THE 3RD RESPONDENT ON 30.06.2021 Exhibit P3 TRUE COPY OF THE REPRESENTATION PREFERRED BY THE PETITIONER TO THE 1ST RESPONDENT WITH THE COVERING LETTER OF THE PRINCIPAL, SNDP HIGHER SECONDARY SCHOOL, ADIMALI DATED 03.09.2024,