SABI AUGUSTINE Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is filed by the petitioner in W.P.(C).No.32039/2016.

(2.) The writ petition has been filed challenging Ext.P7 order and for a declaration that fixation of pay in Ext.P6 is in order and does not warrant any revision. The petitioner was appointed as HSST (Junior) in Political Science by way of direct recruitment on 1.09.2000 and she was upgraded as HSST (Political Science) on 17.7.2001 and worked in the said position upto 11.3.2008. Thereafter, on account of the orders passed by this Court it was found that her appointment was illegal. However, direction was issued to accommodate her as HSA. Accordingly, the petitioner worked as HSA from 12.3.2008 and is continuing in service. By Ext.P6 order issued by the District Educational Officer, the pay of the petitioner was fixed at Rs.24,225/- and the next stage was shown as Rs.24,660/-. Subsequently, the matter was considered by the Government and the Director of Higher Secondary Education by Ext.P7 order dated 11.08.2016, revised the pay scale of the petitioner inter alia observing that from 12.3.2008 she is entitled for the pay scale as HSA and she is entitled for being appointed as HSST effective from 1.6.2011, in so far as her appointment as HSST by way of direct recruitment was not regular and in accordance with the procedure prescribed. However she was given higher grade as per directions issued by the Apex Court, taking into consideration her service as HSST from 17.7.2001 to 11.3.2008.

(3.) The contention urged urged by the petitioner was that since she was appointed as HSST(Junior) and later promoted as HSST (Senior) and continued in service for considerably long time and drawing higher scale of pay, while being promoted in the post of HSST, she is entitled to have the higher scale of pay. In fact, in the counter affidavit filed by the 3rd respondent it was specifically stated that the appointment of the petitioner as HSST (Political Science) from 1.6.2011 was approved as per order dated 23.11.2011. The Joint Director of Higher Secondary Education as per letter dated 28.6.2013 fixed the salary of the petitioner as per 2004 pay revision in HSST scale. As per the said direction, petitioner's scale of pay was fixed as 11070-18450. The Principal of the school as per letter dated 1.6.2013 has requested for fixation of the petitioner's pay on re-option and for the higher grade fixation with effect from 1.7.2013 on completion of 8 years HSST service including the previous approval period from 17.7.2001 to 11.03.2008. Clarification has been sought for by the 3 rd respondent from the Director of Higher Secondary Education as per letter dated 23.09.2014. Consequently, Government had issued clarification to the Director of Higher Secondary Education as per letter dated 11.08.2016 (Ext.P7) and the said clarification was forwarded to the 3rd respondent by the Director as per letter dated 30.09.2016 which is produced as Ext.R3(c). It is therefore submitted that in the light of Ext.P7 the Director of Higher Secondary Education has instructed the 3rd respondent to regularize the pay of the petitioner.