2025:KER:27239 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 12328 OF 2025 PETITIONER: JULIA ELIZABETH SCARIA AGED 47 YEARS, W/O CHERIAN T. THACHETTU, THACHETTU HOUSE, NJEZHOOR P.O, KADUTHURUTHY, KOTTAYAM, PIN – 686612. BY ADVS. JOSE ABRAHAM MANAS P HAMEED VIMAL VIJAY REBIN VINCENT GRALAN 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. W.P.(C)No.12328 of 2025 :2: 2025:KER:27239 3 THE DIRECTOR OF GENERAL EDUCATION DIRECTORATE OF GENERAL EDUCATION (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 ST.MICHAEL'S HSS KADUTHURUTHY, KOTTAYAM, REPRESENTED BY THE MANAGER, PIN – 686604. BY ADV.SMT.ANIMA M, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.12328 of 2025 :3: 2025:KER:27239 J U D G M E N T Dated this the 28th day of March, 2025 The petitioner states that the petitioner currently serving as an HSST Chemistry at the 5th respondent-School, was promoted through ‘by-transfer’ method on 15.07.2021 in the pay scale of ₹55,200–₹1,15,300. Despite the promotion, her pay fixation and increment were delayed. In similar circumstances in W.P.(C) No.14753 of 2020, this Court had ruled in favour of the petitioner therein, directing refixation of pay under Rule 37 of the Kerala Service Rules. This judgment was upheld by the Division Bench in WA No.1556 of 2021 and later confirmed by the Hon'ble Apex Court. Following this, the Government issued G.O (Rt) No.5846/2024/GEDN on 09.09.2024 to extend similar benefits to other affected employees, supported by subsequent Government orders. W.P.(C)No.12328 of 2025 :4: 2025:KER:27239 2. The petitioner, being in an identical situation, submitted Ext.P9 representation on 20.11.2024 to the 2nd respondent, seeking the same benefits granted to others. However, no action has been taken on her request, despite the precedent set in W.P.(C) No.23518 of 2024, where this Court directed the respondents to grant the requested pay fixation benefits. Aggrieved by the inaction, the petitioner has no alternative remedy but to approach this Court under Article 226 of the Constitution of India, seeking redressal and the extension of the benefits to which she is lawfully entitled. 3. I have heard the learned Counsel for the petitioner and the learned Government Pleader representing respondents 1 to 4. 4. Going through the pleadings in the writ petition, I find that the issue raised by the petitioner is prima facie covered by Exts.P3 and P4 judgments. In the W.P.(C)No.12328 of 2025 :5: 2025:KER:27239 circumstances, it would be only just and proper that the 2nd respondent consider Ext.P9 representation submitted by the petitioner, which seeks to extend the benefit of Government Order dated 09.09.2024 to the petitioner. The writ petition is accordingly disposed of directing the 2nd respondent to consider Ext.P9 representation submitted by the petitioner and take appropriate decision thereon in accordance with law, within a period of four months. Sd/- N. NAGARESH JUDGE ams W.P.(C)No.12328 of 2025 :6: 2025:KER:27239 APPENDIX OF WP(C) 12328/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER NO A/5/2891/R.D.D./H.S./E/KOTTAYAM DATED 14.09.2023 ISSUED BY THE 4TH RESPONDENT Exhibit P2 A COPY OF FIXATION OF PAY ON PROMOTION DATED NIL Exhibit P3 A TRUE COPY OF JUDGMENT IN WP(C) NO.14753/2020 DATED 11.11.2020 OF THE HON’BLE COURT Exhibit P4 A TRUE COPY OF JUDGMENT IN WA 1556/2021 PASSED BY THIS HON’BLE COURT DATED 13.12.2021 Exhibit P5 A TRUE COPY OF THE GOVERNMENT ORDER G.O (RT) NO. 5846/2024/GEDN DATED 09.09.2024 Exhibit P6 A TRUE COPY OF G.O(RT) NO.8063/2024/GEDN DATED 14.11.2024 Exhibit P7 A TRUE COPY OF G.O(RT) NO.8052/2024/GEDN DATED 13.11.2024 Exhibit P8 A TRUE COPY OF G.O(RT) NO.8037/2024/GEDN DATED 12.11.2024 Exhibit P9 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 20.11.2024 Exhibit P10 A TRUE COPY OF JUDGMENT IN WP(C) NO. 23518/2024 DATED 30.01.2025