STATE OF KERALA Vs. M.J. ANANDAVALLY

JUDGEMENT

(1.) These appeals arise out of the judgment of the learned Single Judge in W.P. (C) No. 23659 of 2012. The writ petition was filed by the appellant in W.A. No. 1473 of 2019 and W.A. No. 2151 of 2018 has been filed by the State and its respondents.

(2.) The short facts of the case would disclose that the writ petitioner was appointed by the Manager as Principal of a Higher Secondary School as per Ext.P1 order dated 08.07.2005. She attained the age of superannuation on 31.10.2005. She continued in service upto 31.03.2006. In the meantime, the Government issued G.O. (MS) No. 11/2006/G. Edn. dated 06.01.2006, by which sanction has been given for appointing Principals in all Higher Secondary Schools with a scale of pay of Rs. 7200-11,400 for Higher Secondary Schools in the district. In other words, the posts were created only as per the said order dated 06.01.2006. After retirement, the petitioner claimed that since she was appointed as Principal in terms of Ext.P1, she is entitled for fixation of scale of pay of the Principal in terms with the Government Order dated 06.01.2006 for the period from 12.07.2005 to 31.03.2006. It is also borne out from Ext.P2 dated 31.03.2006 that the Manager has appointed Smt. K.R. Jyothi as Principal of their school.

(3.) The above claim was objected to by the educational authorities inter alia contending that in so far as the petitioner was appointed as Principal by the Manager based on an earlier Government Order No. G.O.(MS) No. 122/2002/G. Edn. dated 21.05.2002, whatever benefits were available as on the said date alone applies to the fact situation. After 31.10.2005 and even if there is any change in scale of pay, the petitioner cannot claim any benefit in terms of Rule 60(c) of KSR part-I. The learned Single Judge, however, observed that in so far as the post of Principal was in existence as on the date of appointment of the petitioner, she cannot be denied the benefits of fixation of scale of pay, which was made available as per Government order dated 06.01.2006 and directed that the petitioner should be provided with the enhanced scale of pay from 06.01.2006, and other consequential benefits.