2025:KER:27482 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 WP(C) NO. 13229 OF 2025 PETITIONERS: 1 SIMI.D AGED 46 YEARS D/O. DAMODARA KURUP, HSST, PHYSICS D.B.H.S.S, CHERIYANAD ALAPPUZHA DISTRICT - RESIDING AT GEETHA NIVAS, SANTHIPURAM P.O, NEDUNGADAPPALLY, CHANGANASSERY, PIN - 686545 2 MINI.R.PILLAI AGED 55 YEARS D/O. V.P RADHAKRISHNA PILLAI, HSST, CHEMISTRY, ST. JOHNS HSS, ERAVIPEROOR, THIRUVALLA, PATHANAMTHITTA RESIDING AT 10/2B, C.V.P DIAMOND PLAZA, MUTHOOR P.O, THIRUVALLA, PATHANAMTHITTA DISTRICT-, PIN - 689107 3 VINEETHA.P AGED 46 YEARS D/O. PANKAJAKSHAN NAIR, HSST, HISTORY D.B.H.S.S, PARUMALA PATHANAMTHITTA DISTRICT- (RESIDING AT MAROTHUMKAL HOUSE, PRAKANAM P.O, PATHANAMTHITTA, PIN - 689643 4 VIJAYALAKSHMY.M. AGED 55 YEARS D/O. M.K. MADHAVAN NAIR, HSST, ZOOLOGY N.S.S.H.S.S, THADIYOOR PATHANAMTHITTA DISTRICT- (RESIDING AT INDIRAMANDIRAM, SANTHIPURAM, NEDUNGADAPPALLY, 2025:KER:27482 WP(C) NO.13229 OF 2025 2 KOTTAYAM, PIN - 686545 5 SUMA.K.NAIR AGED 47 YEARS D/O. KRISHNANKUTTY NAIR, HSST, ECONOMICS N.S.S.HSS, THATTAYIL, THADIYOOR PATHANAMTHITTA DISTRICT RESIDING AT ELAYIDATHU SREERAGAM, MULAKUZHA P.O, CHENGANNUR, ALAPPUZHA, PIN - 689505 6 DEEPTHI.I.P AGED 48 YEARS D/O. N. PRABHAKARAN PILLAI,, HSST, ECONOMICS D.B.H.S.S, THIRUVALLA PATHANAMTHITTA DISTRICT (RESIDING AT SUDARSANAM, POOVATHOOR P.O POOVATHOOR, PATHANAMTHITTA DISTRICT, PIN - 689531 7 INDULEKHA AGED 49 YEARS D/O. G. CHANDRABABU, HSST, COMMERCE SNV HSS, ANGADICAL SOUTH, KODUMON PATHANAMTHITTA DISTRICT (RESIDING AT SANTHI BHAVAN, MURINJAKKAL P.O, KOODAL, PATHANAMTHITTA, PIN - 689693 8 JOEMON.C.T AGED 46 YEARS S/O C.M. THANKAPPAN, HSST, COMMERCE C.K.HSS, CHEPPAD ALAPPUZHA DISTRICT- RESIDING AT CHAMAKALAYIL HOUSE, MUNDUKOTTAKKAL P.O, PATHANAMTHITTA, PIN - 689649 9 SR.REEJA VARUGHESE AGED 52 YEARS D/O. VARUGHESE VARGHESE, HSST, PHYSICS, ST. THERESA'S B.C.G. H.S.S, 2025:KER:27482 WP(C) NO.13229 OF 2025 3 CHENGAROOR PATHANAMTHITTA DISTRICT (RESIDING AT ALUMKAL HOUSE, VENNIKULARN. P. O, PATHANAMTHITTA, PIN - 689115 10 ANITHA KOSHY AGED 51 YEARS D/O T.V. KOSHY, HSST, CHEMISTRY ST.THERESA'S B.C.H.S.S, CHENGAROOR PATHANAMTHITTA DISTRICT RESIDING AT NIRAVEL HOUSE, CHETHACKAL. P.O, RANNI, PATHANAMTHITTA, PIN - 689677 11 BINDU.S.PILLAI, AGED 50 YEARS D/O G. SAHADEVAN PILLAI, HSST, HINDI MSM HSS, KAYAMKULAM, ALAPPUZHA DISTRICT (RESIDING AT NANDANAM, KURATTISSERY, MANNAR P.O, ALAPPUZHA DISTRICT, PIN - 689622 12 CHANDINI.P AGED 50 YEARS D/O P. NARAYANAN NAIR, HSST, HINDI D.B HSS, PARUMALA PATHANAMTHITTA DISTRICT RESIDING AT KOCHUKANNANKARA, MANNADY P.O, PATHANAMTHITTA DISTRICT, PIN - 691530 13 PRIYA.L AGED 47 YEARS D/O. K. RAMACHANDRAN NAIR, HSST, MATHS NRPM HSS, KAYAMKULAM RESIDING AT SREERAGAM, PUTHIYAVILA P.O, ALAPPUZHA DISTRICT, PIN - 690531 14 VEENA GOPINATH AGED 48 YEARS D/O. GOPINATHAN PILLAI, HSST, ECONOMICS NSS HSS, KAVALAM, ALAPPUZHA DISTRICT RESIDING AT VIRUTHIYIL SREEVALSAM, NALUKODY 2025:KER:27482 WP(C) NO.13229 OF 2025 4 P.O, PAIPPAD, CHANGANASSERY, KOTTAYAM DISTRICT, PIN - 686548 15 DIVYA. S AGED 45 YEARS D/O. SASIDHARAN, HSST, PHYSICS SNDP HSS, UDAYAMPEROOR ERNAKULAM DISTRICT RESIDING AT REVATHY, VADAKKADATHUCAVU, P.O ADOOR-, PIN - 691523 16 SREEKALA. B AGED 50 YEARS D/O. BHAGEERATHAN, HSST, SANSKRIT NSS BHSS, MANICKAMANGALAM, ERNAKULAM DISTRICT RESIDING AT NAKSHATHRA, KURAMPALA, PANDALAM P.O. PATHANAMTHITTA, PIN - 689501 17 REENA K JOSEPH, AGED 50 YEARS D/O. P.U OUSEPH, HSST, MKM HSS, PIRAVOM, ERNAKULAM DISTRICT RESIDING AT ANAKKUZHIYIL, KARIKODE P.O, KOTTAYAM DISTRICT, PIN - 686610 18 GINDA THOMAS, AGED 52 YEARS D/O V.U. THOMAS, HSST, ST. IGNATIUS HSS, KANJIRAMATTOM ERNAKULAM DISTRICT RESIDING AT THYPODATH, SOUTH PARAVOOR P.O, ERNAKULAM-, PIN - 682307 19 MIJI VARGHESE, AGED 50 YEARS D/O. N.M. VARGHESE, HSST (MATHS), SJS.HSS VADAKARA, OLIYAPPURAM P.O, ERNAKULAM, RESIDING AT VANDAMPRA, PUTHENPURAYIL HOUSE, KOOTHATTUKULAM P.O, ERNAKULAM-, PIN - 686662 2025:KER:27482 WP(C) NO.13229 OF 2025 5 20 REJI P CHERIAN, AGED 50 YEARS S/O. P.M. CHERIAN, HSST, ST. IGNATIUS HSS, KANJIRAMATTOM, ERNAKULAM RESIDING AT PULIKKOTTIL 206/13, PERUMPILLY P.O., MULANTHURUTHY ERNAKULAM , PIN - 682314 21 MANJU JOSE. K, AGED 48 YEARS D/O. K.P. JOSE, HSST ST.MARY’S HSS MORAKKALA, KUMARAPURAM P.O. ERNAKULAM DISTRICT RESIDING AT KODIYAN HOUSE, KIZHAKKAMBALAM P.O, ERNAKULAM, PIN - 683565 22 MANJULA. K.S, AGED 51 YEARS D/O. K. SIVADAS, HSST, MGM NSS, HSS LAKKATTOOR., LAKKATTOOR P.O, KOTTAYAM DISTRICT RESIDING AT CHANDRAKANTHAM, PEROOR ROAD, ETTUMANOOR-, PIN - 686631 23 PRAVITHA. R, AGED 51 YEARS D/O. K.G. RAMACHANDRAN NAIR, HSST, SNDP HSS, KILIROOR, KANJIRAM KOTTAYAM DISTRICT RESIDING AT GOKULAM, SOUTH PAMPADY P.O, KOTTAYAM-, PIN - 686521 24 BIJU. P. NAIR, AGED 49 YEARS S/O. PRABHAKARAN NAIR, HSST, MGM NSS, HSS LAKKATTOOR., LAKKATTOOR P.O, KOTTAYAM DISTRICT - RESIDING AT HARINANDANAM, LAKKATTOOR P.O, KOTTAYAM, PIN - 686521 2025:KER:27482 WP(C) NO.13229 OF 2025 6 25 SABEENA. K.S, AGED 50 YEARS D/O. SHAHUL HAMEETH, HSST, AKM HSS, MYLAPORE, UMAYANALLOOR RESIDING AT CHATHINAMKULAM, CHANDATHOPE P.O KOLLAM, PIN - 691014 26 VISHWESH V.G AGED 51 YEARS S/O. GOPALAN, HSST, SKMJ HSS, KALPETTA, WAYANAD RESIDING AT ADVAITHAM, KAYAKKUNNU POST PANAMARAM, WAYANAD , PIN - 670721 BY ADVS. T.T.MUHAMOOD A.RENJIT GOKUL R.NAIR ANSALAM N.X. VENUGOPAL C. RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-, PIN - 695001 2 THE PRINCIPAL SECRETARY TO GOVERNMENT FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-, PIN - 695001 3 THE DIRECTOR OF GENERAL EDUCATION DIRECTORATE OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM-, PIN - 695004 2025:KER:27482 WP(C) NO.13229 OF 2025 7 4 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION OFFICE OF THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION , CHENGANOOR, PIN - 689121 5 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, OFFICE OF THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, ERNAKULAM, PIN - 683544 6 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION OFFICE OF THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, KOTTAYAM, PIN - 686001 7 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION OFFICE OF THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM, PIN - 695036 8 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION OFFICE OF THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, KOZHIKODE, PIN - 673001 SMT. ANIMA M.,GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27482 WP(C) NO.13229 OF 2025 8 JUDGMENT Dated this the 1st day of April, 2025 The petitioners are Teachers working as HSST. While working as HSST (Junior), they were granted first Higher Grade on completion of eight years’ service and thereafter Selection Grade on completion of 15 years of total service. Subsequently, they were appointed as HSST by-transfer and their appointments were approved. 2. Pursuant to the approval, the petitioners’ pay were fixed in the promoted post of HSST. Since the appointment is from Higher Time Scale to Lower Time Scale, their pay was fixed by applying Rule 37 (b) of Part I KSR. They were not granted any benefit on account of promotion. Their pay in the lower post alone was protected. However, they were not granted re-fixation benefit or increment, on the date on which 2025:KER:27482 WP(C) NO.13229 OF 2025 9 the increment is due in the lower post. 3. The petitioners are having substantial loss in the basic pay itself for the reason that the petitioners have been promoted to the post of HSST from the category of HSST (Junior). The Teachers, who were appointed after the petitioner’s appointment and who are continuing as HSST (Junior) are receiving higher salary than the petitioners. The petitioner was denied the benefit only on account of their promotion as HSST. 4. In identical situation this Court has held that where there is an appointment to a higher post by direct recruitment or otherwise, the benefit of re-fixation of pay by granting a notional increment shall be given when there is the change in the pay in the lower post. Though the State preferred Appeal against the said judgment, the same was dismissed. SLP filed was also dismissed. 2025:KER:27482 WP(C) NO.13229 OF 2025 10 5. Aggrieved by the denial of benefit, the petitioners have filed Ext.P6 representation before the Government and the same is pending, contend the petitioners. 6. I have heard the learned counsel for the petitioners and the learned Government Pleader representing the respondents. 7. The contention of the petitioners is that denial of increment and re-fixation to the petitioners in the post of HSST when the increment is due in the lower post, is illegal and unsustainable. According to the petitioner, this Court has held in Exts.P4 and P5 judgments that where there is an appointment to a higher post by direct recruitment or otherwise, the benefit of re-fixation of pay by granting notional increment shall be given when there is change in the pay in the lower post. 8. Be that as it may, I find that the petitioners have preferred Ext.P6 representation in this regard before the 1st 2025:KER:27482 WP(C) NO.13229 OF 2025 11 respondent. In the facts of the case, it would be sufficient that orders are passed on Ext.P6 adverting to Exts.P4 and P5 judgments and Exts.P7 to P9 Government Orders also. The writ petition is accordingly disposed of directing the 1st respondent to consider and dispose of Ext.P6 representation and pass appropriate orders thereon within a period of four months, adverting to Exts.P4 and P5 judgments and P7 to P9 Government Orders also. Sd/- N.NAGARESH JUDGE hmh 2025:KER:27482 WP(C) NO.13229 OF 2025 12 APPENDIX OF WP(C) 13229/2025 PETITIONERS’ EXHIBITS Exhibit P1 TRUE COPY OF THE FIXATION OF PAY OF THE 1ST PETITIONER IN THE POST OF HSST ON 09.05.2022 Exhibit P1(a) TRUE COPY OF THE FIXATION OF PAY OF THE 2ND PETITIONER IN THE POST OF HSST ON 05.04.2024 Exhibit P1(b) TRUE COPY OF THE FIXATION OF PAY OF THE 3RD PETITIONER IN THE POST OF HSST ON 04.04.2023 Exhibit P1(c) TRUE COPY OF THE FIXATION OF PAY OF THE 4TH PETITIONER IN THE POST OF HSST ON 15.03.2024 Exhibit P1(d) TRUE COPY OF THE FIXATION OF PAY OF THE 5TH PETITIONER IN THE POST OF HSST ON 16.11.2021 ExhibitP2 TRUE COPY OF THE FIXATION OF PAY OF THE 6TH PETITIONER IN THE POST OF HSST ON 02.01.2024 Exhibit P2(a) TRUE COPY OF THE FIXATION OF PAY OF THE 7TH PETITIONER IN THE POST OF HSST ON 04.04.2024 Exhibit P2(b) TRUE COPY OF THE FIXATION OF PAY OF THE 8TH PETITIONER IN THE POST OF HSST ON 22.12.2022 Exhibit P3 TRUE COPY OF THE FIXATION OF PAY OF THE 9TH PETITIONER IN THE POST OF HSST ON 27.01.2022 2025:KER:27482 WP(C) NO.13229 OF 2025 13 Exhibit P3(a) TRUE COPY OF THE FIXATION OF PAY OF THE 10TH PETITIONER IN THE POST OF HSST ON 20.11.2021 Exhibit P3(b) TRUE COPY OF THE FIXATION OF PAY OF THE 11TH PETITIONER IN THE POST OF HSST ON 27.07.2021 Exhibit P3(c) TRUE COPY OF THE FIXATION OF PAY OF THE 12TH PETITIONER IN THE POST OF HSST ON 27.05.2024 Exhibit P3(d) TRUE COPY OF THE FIXATION OF PAY OF THE 14TH PETITIONER IN THE POST OF HSST DATED NIL ExhibitP3(e) TRUE COPY OF THE FIXATION OF PAY OF THE 16TH PETITIONER IN THE POST OF HSST DATED NIL Exhibit P3(f) TRUE COPY OF THE FIXATION OF PAY OF THE 18TH PETITIONER IN THE POST OF HSST ON 13.06.2023 Exhibit P3(g) TRUE COPY OF THE FIXATION OF PAY OF THE 22ND PETITIONER IN THE POST OF HSST ON 06.01.2022 Exhibit P3(h) TRUE COPY OF THE FIXATION OF PAY OF THE 23RD PETITIONER IN THE POST OF HSST ON 30.12.2021 Exhibit P3(i) TRUE COPY OF THE FIXATION OF PAY OF THE 24TH PETITIONER IN THE POST OF HSST ON 06.01.2022 Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 11-11- 2020 IN WP(C) NO. 14753/2020 2025:KER:27482 WP(C) NO.13229 OF 2025 14 Exhibit P5 TRUE COPY OF THE JUDGMENT OF THIS HON’BLE COURT IN WA NO. 1556/2021 DATED 13-12-2021 Exhibit P6 TRUE COPY OF THE REPRESENTATION DATED 20.01.2025 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Exhibit P7 TRUE COPY OF GO(RT) 8052/2024/G. EDN DATED 13.11.2024 Exhibit P8 TRUE COPY OF GO(RT) NO. 5846/2024/G. EDN DATED 09.09.2024 Exhibit P9 TRUE COPY OF GO(RT) NO. 8037/2024/G. EDN DATED 12.11.2024