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2025 DAILYLAW 5660 (KER)

SILVY THERES JOSEPH v. STATE OF KERALA

WP(C)/12471/2025 · 2025-03-28

N Nagaresh

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:27241 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. 12471 OF 2025 PETITIONER: SILVY THERES JOSEPH AGED 45 YEARS, W/O ROBINSON P JOSE, POOTAKUZHIYIL HOUSE, VENGALLOOR P.O, GREEN VALLEY, THODUPUZHA, IDUKKI, PIN – 685608. BY ADVS. JOSE ABRAHAM MANAS P HAMEED VIMAL VIJAY E.ADITHYAN REBIN VINCENT GRALAN RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001. W.P.(C)No.12471 of 2025 :2: 2025:KER:27241 2 THE PRINCIPAL SECRETARY GOVERNMENT OF KERALA, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM, PIN – 695001. 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.GEORGE HSS MUTHALAKODAM MUTHALAKODAM P.O, THODUPUZHA, IDUKKI, PIN - 685605 REPRESENTED BY THE MANAGER. 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.12471 of 2025 :3: 2025:KER:27241 J U D G M E N T Dated this the 28th day of March, 2025 The petitioner states that the petitioner is currently serving as HSST Hindi at the 5th respondent-School. Initially, the petitioner was appointed as HSST Junior on 23.08.2000 and the petitioner was promoted to HSST Hindi through the ‘by transfer’ method on 10.07.2023, filling a vacancy due to retirement. 2. Upon promotion, the petitioner’s pay was fixed at ₹91,200/- per month in the scale of ₹55,200–1,15,300, effective from 01.07.2024. However, the petitioner was entitled to an increment from 01.08.2023, which was not granted, causing undue hardship. 3. A similar issue was addressed in Ext.P3, where this Court directed the grant of refixation of pay and an W.P.(C)No.12471 of 2025 :4: 2025:KER:27241 additional increment. This judgment was upheld in Ext.P4 by the Division Bench and later affirmed by the Hon'ble Apex Court. Following these rulings, the Government issued Ext.P5, extending similar benefits to other employees. Further orders granting similar relief are produced as Exts.P6, P7, and P8. 4. The petitioner submitted Ext.P9 representation before the 2nd respondent, seeking the extension of benefits as per Ext.P5, but no action has been taken. A similar matter was disposed of as per Ext.P10, where this Court directed grant of fixation benefits. 5. I have heard the learned Counsel for the petitioner and the learned Government Pleader representing respondents 1 to 4. 6. Considering the facts of the case, I am of the view that to meet the ends of justice, it will be sufficient if the 2nd respondent considers Ext.P9 and takes a decision thereon in W.P.(C)No.12471 of 2025 :5: 2025:KER:27241 accordance with law within a reasonable time. 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 within a period of four months, after granting an opportunity of hearing to the petitioner and the Manager. Sd/- N. NAGARESH JUDGE ams W.P.(C)No.12471 of 2025 :6: 2025:KER:27241 APPENDIX OF WP(C) 12471/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER DATED 19.09.2023 ISSUED BY THE 4TH RESPONDENT Exhibit P2 A TRUE COPY OF THE DETAILS OF STATEMENT OF FIXATION OF PAY DATED 10.02.2021 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 NIL Exhibit P10 A TRUE COPY OF JUDGMENT IN WP(C) NO. 23518/2024 DATED 30.01.2025 OF THE HON'BLE COURT