STATE OF KERALA Vs. HAREESH P

JUDGEMENT

(1.) The appeal is by the Government against the judgment of the learned Single Judge directing re-fixation of pay to the petitioner, reckoning his prior service as a HSA. The petitioner was a HSA who was so appointed on 8.6.2006 in the respondent's school. He was appointed as HSST(Jr) in Malayalam w.e.f 1.12.2011 as per Ext P2. The petitioner claimed fixation of pay under Rule 28A since he was continuing as a HSA earlier to his appointment as HSST. The prayer was rejected by an endorsement in Ext P6 representation which found that the teacher was coming under direct recruitment of HSST (Jr) and hence his salary has been fixed only at the minimum of scale of pay. Subsequent representation also did not evoke any favourable orders.

(2.) Eventually the Government rejected the case of the petitioner by Ext P10. It was found that there were only 12 vacancies of HSST (HSST(Jr)) in the respondent's school based on the staff fixation order for 2010-2011. Only 25% of the said vacancies could be filled up with by-transfer appointments ie, appointment of HSA's already working in the school. The petitioner was the 4th person and hence his approval was only as a direct recruit.

(3.) The learned Single Judge based on the amendments incorporated, as to the application of Rule 28A, by way of Government decisions, found that the petitioner is entitled to claim re-fixation in the post of HSST which is a higher post to that of the post occupied by the petitioner.