2025:KER:27245 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. 12539 OF 2025 PETITIONER: BINDUMOL MUTHUKATTIL AGED 47 YEARS, W/O AC SHAJI, ARASSERIL HOUSE, ULIKKAL, ATTARENJI, KANNUR, PIN – 670705. 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 GOVERNMENT OF KERALA,GENERAL EDUCATION DEPARTMENT, SECRETARIAT,TRIVANDRUM, PIN – 695001. W.P.(C)No.12539 of 2025 :2: 2025:KER:27245 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, KOZHIKODE, PIN – 673001. 5 GKM HIGHER SECONDARY SCHOOL KANIYARAM, MANANTHAVADY P.O, WAYANAD, REPRESENTED BY THE MANAGER, PIN – 670645. 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.12539 of 2025 :3: 2025:KER:27245 J U D G M E N T Dated this the 28th day of March, 2025 The petitioner states that the petitioner is currently working as HSST Commerce at the 5th respondent-School. She was initially appointed as HSST Junior on 12.01.2006, attained selection grade by 12.01.2021 and was subsequently promoted through by-transfer method on 03.06.2024. 2. The pay fixed in the promoted post was ₹77,200/- as on 01.01.2024, but her increment was delayed until 01.06.2025 instead of 01.01.2025. Similar cases, including W.P.(C) No.14753 of 2020 and W.A. No.1556 of 2021, had resulted in judgments favouring refixation of pay under Decision No.4 to Rule 37 of the Kerala Service Rules (KSR). The Government implemented these decisions as per G.O (Rt) W.P.(C)No.12539 of 2025 :4: 2025:KER:27245 No.5846/2024/GEDN, granting relief to similarly placed employees. 3. Despite the precedents and Government Orders granting similar benefits, Ext.P9 representation submitted by the petitioner on 27.11.2024 to the 2nd respondent has not been acted upon. Other judgments, such as W.P.(C) No.23518 of 2024, have directed authorities to grant the requested benefits. Aggrieved by this inaction and non- extension of benefits, the petitioner seeks redressal under Article 226 of the Constitution of India, contends the Counsel for the petitioner. 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 W.P.(C)No.12539 of 2025 :5: 2025:KER:27245 respondent considers Ext.P9 representation and takes a decision thereon in 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, granting an opportunity of hearing to the petitioner and the Manager. Sd/- N. NAGARESH JUDGE ams W.P.(C)No.12539 of 2025 :6: 2025:KER:27245 APPENDIX OF WP(C) 12539/2025 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER DATED 01.10.2024 ISSUED BY THE 4TH RESPONDENT Exhibit P2 A COPY OF FIXATION OF PAY ON PROMOTION 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 27.11.2024 Exhibit P10 A TRUE COPY OF JUDGMENT IN WP(C) NO. 23518/2024 DATED 30.01.2025