JYOTHILEKSHMI V Vs. STATE FO KERALA

JUDGEMENT

(1.) The petitioner is working as a Headmistress in an aided Upper Primary school. She had commenced regular service as UPSA and was promoted to the cadre of Headmistress with effect from 1/6/2018. As per Ext.P1, which are the relevant pages of the pay revision Order dtd. 20/1/2016, the LP/UP school Headmasters were allowed Time Bound Higher Grade on completion of 8 years as Headmaster or 28 years of service as Headmaster and LPSA/UPSA service taken together. The petitioner submits that the option facility for the time-bound higher grade was withdrawn with effect from 1/2/2016. The pay in the higher time scale was to be fixed in terms of Rule 28A of Part I KSR, i.e., one notional increment will be given, and thereafter, the pay in the higher grade scale will be fixed at the next stage above the pay in the lower time scale arrived after adding notional increment as on the date of the higher grade promotion. Accordingly, the petitioner's pay was fixed first in the scale of pay Headmaster and further fixed in the Higher grade scale of Headmaster and the statement of fixation of pay dtd. 4/12/2018 is produced as Ext.P3.

(2.) The fourth respondent raised an audit objection against granting the next increment after the fixation of pay in the Headmaster's higher grade scale on the date of increment in the lower post of UPSA, stating that the next increment date is only on completion of one year after promotion. The petitioner states that Ext.P4 happened to be passed based on Ext.P5, a Government letter dtd. 28/11/2018, which is a clarification to the query raised by the sixth respondent. The petitioner submits that Ext.P5 is erroneous and liable to be set aside. The petitioner submits that he is entitled to a re-fixation of pay in the Headmaster's scale on the date of increment in the lower post. Accordingly, he is entitled to the fixation of pay on the date of promotion along with entitlement for the re-fixation of pay on the date of increment in the lower post. The learned counsel for the petitioner argues that once re-fixation is allowed on the date of increment in the lower post, the date of increment in the post of Headmaster also becomes the date of increment in the higher grade post.

(3.) Both the petitioner and the learned Government Pleader rely on the Government Order dtd. 20/1/2016, Ext.P1 as well as Ext.P2, which is the scheme for time-bound higher grade promotion.