LAWS(KER)-2009-11-147

K.M. JANARDHANAN KUTTY KARTHA AND M. NEELAKANDA KARTHA S/O. NARAYANA Vs. THE DIRECTOR OF COLLEGIATE EDUCATION,

Decided On November 30, 2009
K.M. Janardhanan Kutty Kartha And M. Neelakanda Kartha S/O. Narayana Appellant
V/S
The Director Of Collegiate Education, Respondents

JUDGEMENT

(1.) W.A. No. 22/2008.

(2.) THE appellants were Selection Grade Lecturers in Chemistry and Physics respectively, working in the S.N. College, Cherthala. They retired from service on 31.3.2000 and 30.6.1999 respectively. The scales of pay of the teachers of Government and Private Colleges were revised by Ext. P1 Government Order dated 4.7.2000 with effect from 1.1.1996. As on 1.1.1996, the appellants were drawing the Basic Pay of Rs. 4,950/ - in the pre -revised scale. On revision, their pay was fixed at the stage of Rs. 15,360/ -, in the scale of pay applicable to Selection Grade Lecturers. According to the appellants, some of their juniors were drawing higher pay than them, pursuant to the implementation of Ext. P1 order. Therefore, they claim that they are entitled to get the benefit of Note 4 under the formula for fixation of pay in the revised scale contained in Ext. P1. Note 4 reads as follows:

(3.) AFTER hearing the learned Counsel for the appellants for some time, we noticed that the appellants have never moved any of the administrative authorities concerned to redress their grievance. They have come to this Court directly seeking the aforementioned reliefs, as if the High Court is the primary authority to consider their grievance. We notice the submission of the learned Government Pleader that Note 5 contained in Ext. P1, imposes several conditions for stepping up of pay of seniors who are drawing lesser pay than their juniors pursuant to the implementation of Ext. P1. They are matters for the concerned administrative authorities to look into. In view of the fact that the appellants have never moved any of the administrative authorities pointing out their grievance and seeking redressal of the same, the Writ Petition is not maintainable. Therefore, even assuming the ground on which the appeal was admitted is valid, the grievance of the appellants cannot be considered. In view of the above position, the Writ Appeal is dismissed.