2025:KER:27243 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. 12537 OF 2025 PETITIONER: SHENCY KURIAN AGED 59 YEARS, W/O MATHEW CHERIAN, 3/61,MATHAMANGALAM, KONNACHAL P.O, ERUMAD, NILGIRIS ,THAMILANDU STATE, PIN – 643239. BY ADVS. JOSE ABRAHAM E.ADITHYAN VIMAL VIJAY MANAS P HAMEED 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 GOVERNMENT OF KERALA, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM, PIN – 695001. W.P.(C)No.12537 of 2025 :2: 2025:KER:27243 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, MALAPPURAM, PIN – 676504. 5 CHRIST KING HSS MANIMOOLY P.O, MALAPPURAM, PIN – 679333 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.12537 of 2025 :3: 2025:KER:27243 J U D G M E N T Dated this the 28th day of March, 2025 The petitioner states that she is a retired HSST Malayalam from the 5th respondent-School. She was promoted as HSST (Junior) Malayalam through by-transfer method on 06.06.2019. The next increment was due on 01.07.2019, but it was instead granted only on 01.06.2020. 2. The petitioner’s case is similar to W.P.(C) No.14753 of 2020, wherein this Court ruled in favour of refixation of pay under Decision No.4 to Rule 37 of the Kerala Service Rules. The judgment was upheld by the Division Bench in W.A. No.1556 of 2021, and the subsequent appeal by the State in SLP(C) No.4420 of 2023 was dismissed by the Hon’ble Apex Court. Consequently, the Government issued Ext.P5 W.P.(C)No.12537 of 2025 :4: 2025:KER:27243 Government Order extending similar benefits to other similarly placed employees, followed by Government Orders as per Exts.P6, P7, and P8. 3. Despite these clear precedents, though the petitioner submitted Ext.P9 representation to the 2nd respondent seeking the extension of benefits granted in Ext.P5, the same remains unaddressed. The Court, as per Ext.P10 judgment, directed the respondents to grant fixation benefits and adjust the date of increment in line with the settled legal position. 4. I have heard the learned Counsel for the petitioner and the learned Government Pleader representing respondents 1 to 4. 5. 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 accordance with law within a reasonable time. W.P.(C)No.12537 of 2025 :5: 2025:KER:27243 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, granting an opportunity of hearing to the petitioner and the Manager. Sd/- N. NAGARESH JUDGE ams W.P.(C)No.12537 of 2025 :6: 2025:KER:27243 APPENDIX OF WP(C) 12537/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE APPOINTMENT ORDER DATED 06.06.2019 Exhibit P2 A TRUE COPY OF THE DETAILS OF FIXATION OF PAY DUE TO BY TRANSFER AS HSST JR MALAYALAM 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 27.10.2024 Exhibit P10 A TRUE COPY OF JUDGMENT IN WP(C) NO. 23518/2024 DATED 30.01.2025 OF THE HON'BLE COURT