ROSE Vs. STATE OF KERALA
LAWS(KER)-2003-11-13
HIGH COURT OF KERALA
Decided on November 28,2003

ROSE Appellant
VERSUS
STATE OF KERALA Respondents

JUDGEMENT

- (1.) The petitioner is working as Headmistress of an aided Lower Primary School from 1.5.1993. Audit objections had come to be recorded about the fixation of her salary which she was drawing in the Headmaster's pay and notwithstanding her representations respondents were not inclined to let off the objections. The Original Petition has come to be filed for a declaration that the benefits which had been initially sanctioned to her was liable to be retained without interference from the respondents and in any event the proposal for recovery of the excess pay, if any, drawn by her was illegal and not sustainable.
(2.) The petitioner has continuous service from 11.7.1967 as P.D. Teacher. After 13 years of service, she had been granted senior grade with effect from 11.7.1987. She had been granted selection grade on 11.7.1992. The dispute had arisen in the matter of appropriate reckoning of the pay in view of the circumstance that she had been promoted as Headmistress on 1.5.1993. The General Pay Revision from 1.3.1992 also had become a contributing factor. The proximity of these dates, namely that of conferment of Selection Grade, the date of pay revision and the promotion as Headmistress had apparently not been correctly comprehended which has resulted in the present situation.
(3.) As on 11.7.1992, the petitioner's pay was fixed at Rs.1,990/-, which alone might be relevant for the time being. It was in the prerevised scale of Rs.1250-2230. Pay was later on refixed at Rs.2150/- in the scale of Headmaster being Rs.1330-2555. This was sanctioned effective from 1.5.1993. The scales stood revised to Rs.1640-2900 with effect from 1.5.1993, the date of option, and the pay was fixed at Rs.2360/-. This was purportedly following G.O.(P) 600/93/Fin. dated 25.9.1993.;


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