STATE OF KERALA Vs. K P BALACHANDRAN

JUDGEMENT

(1.) The appellants are the respondents in OP No. 32797 of 2001 and the sole respondent is the petitioner therein. The parties are referred to as they are arrayed in the Original Petition. The brief facts of the case are as follows:

(2.) By Annexure A1 notification published in the Kerala Gazette dated 27/07/1993, the Kerala Public Service Commission, hereinafter referred to as the 'Commission' for short, invited applications from eligible persons for appointment to the category of Physical Education Teacher (High School) in the General Education Department in the scale of pay of Rs.845-1370. The recruitment was district - wise and applications were invited for appointment in Kollam district, Pathanamthitta district, Alappuzha district, Palakkad district, Malappuram district and Kozhikode district. The number of vacancies notified in Kollam district was one. The petitioner, who is an Ex - serviceman applied pursuant to the said notification for appointment in Kollam district. After Annexure A1 notification was issued, the scale of pay of Primary Departmental Teachers (PD Teachers) was revised from Rs.845-1370 to Rs.1125-1720 with effect from 01/03/1992. The petitioner was selected and included in the ranked list published thereafter. Later, by Ext. P1 memo dated 05/06/1998, the Commission advised the petitioner for appointment to the post of Physical Education Teacher (High School) in the scale of pay of Rs.1125-1720. Thereupon, by Ext. P2 order dated 22/06/1998, the Deputy Director of Education, Kollam appointed the petitioner as Physical Education Teacher (High School) and he joined duty on 02/07/1998. His probation in the category of Physical Education Teacher (High School) was declared satisfactorily completed with effect from 11/07/2000 by order dated 17/07/2000 passed by the Deputy Director of Education, Kollam.

(3.) In the meanwhile, pursuant to the recommendations of the Pay Revision Committee appointed by the State Government, the Government issued GO (P) No. 3000/98 / Fin dated 25/11/1998 revising the scales of pay of Government employees with effect from 01/03/1997. By the said Government order, the scale of pay of Specialist Teachers was revised from Rs.1125-1720 to Rs.4000-6090. The pay of the petitioner was accordingly refixed in the scale of pay of Rs.4000-6090 with effect from 02/07/1998. He thereafter submitted Ext. P4 representation dated 20/05/2001 before the Deputy Director of Education, Kollam claiming that as per the Government order dated 25/11/1998, he is entitled to be placed in the scale of pay of Rs.4500-7000 with effect from 02/07/1998, the date of his appointment. He also claimed arrears of pay and allowances in the said scale of pay. He thereafter filed OP No. 27113 of 2001 in this Court. By judgment delivered on 13/09/2001, a learned Single Judge of this Court disposed of OP No. 27113 of 2001 with a direction to the Deputy Director of Education, Kollam to consider Ext. P4 representation and pass orders thereon within one month from the date of receipt of a copy of the judgment. The Deputy Director of Education, Kollam considered the request made by the petitioner in Ext. P4 and by Ext. P5 order passed on 03/10/2001, rejected the petitioner's request. The Deputy Director of Education, Kollam held that the petitioner is entitled only to the scale of pay of PD teacher. He thereupon filed OP No. 32797 of 2001 challenging Ext. P5 and praying for a writ in the nature of mandamus commanding the respondents to refix his pay in the scale of pay of Rs.4500-7000 and to pay him arrears thereof with effect from 02/07/1998, the date on which he joined duty as Physical Education Teacher (High School).