SAROJINI V Vs. STATE OF KERALA REPRESENTED BY ITS SECRETARY DEPARTMENT OF GENERAL EDUCATION SECRETARIAT THIRUVANANTHAPURAM

JUDGEMENT

(1.) THE petitioner, who is now retired, claims the pay scale applicable to Headmistress with effect from 1.9.1987, from which date the petitioner was redesignated and appointed as Headmistress as per Exhibit P2 order dated 22.4.1988. THE petitioner had then approached this Court with an Original Petition which was disposed of by Exhibit P3, directing the Government to consider the case of the petitioner and pass orders in accordance with the law declared by a Full Bench of this Court reported in Indira v. State of Kerala [1998 (2) ILR Kerala 771]. Despite Exhibit P3 judgment, the petitioner not having been granted the scale of pay, she was constrained to approach this Court with yet another Original Petition, which was again disposed of by Exhibit P6. Exhibit P6 judgment clearly declares that the petitioner is entitled to get the Headmaster's scale with effect from 1.9.1987. However, though it was recorded that the benefit has already been granted to the petitioner, it is now submitted by the learned counsel for the petitioner based on Exhibit P8 order that in fact her appointment to the post of Headmistress has been regularised only with effect from 8.7.1989. THE contention of the State seems to be that regularisation can be granted only after completion of 15 years. It is evident from the statement in para 3 of the counter affidavit that the petitioner had completed 15 years service on 8.7.1989 and it is only on that premise her appointment as Headmistress was regularised on that date. However, Exhibit P2 clearly shows that the petitioner had been appointed as Headmistress on 1.7.1987. THE 15 years' prescription was by G.O.(P).No.136/88/G.Edn. dated 8.9.1988 which, it has been categorically stated in the counter affidavit, has been withdrawn; as herein below:

(2.) IN the circumstances, the respondents cannot now contend that the petitioner's redesignation as Headmistress can be treated to be regularised only after 15 years of service. If that is accepted, it would go against the specific declaration made in Exhibit P6 as also the admissions in the counter affidavit of the State.