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2009 Supreme(Ker) 978

K.BALAKRISHNAN NAIR, P.BHAVADASAN
Sudheer C. B – Appellant
Versus
State of Kerala – Respondent


Advocates appeared:
For the Petitioner:T.N. Manoj, Advocate. For the Respondent: Smt. R. Bindu, Government Pleader.

Judgment :-

Balakrishnan Nair, J.

The point that arises for decision in this case is whether a Specialist Teacher (Drawing) can claim stepping up of his salary as equal to that of a P.D.Teacher, who, admittedly entered service after the entry of the Specialist Teacher. Incidentally, the point whether an executive order issued by the Government could be modified by a Government letter or circular, also arises for consideration in this appeal.

2. The brief facts of the case are the following:

The appellant/writ petitioner joined the Department of General Education, as Drawing Teacher, on 10.01.1984. He was given the first higher grade promotion on 10.01.1994. While he was working in that grade, pay revision was introduced with effect from 01.01.1998 as per G.O.(P) No.3000/98/Fin. dated 25.11.1998. When the pay revision was implemented, the appellant found that a P.D. Teacher, who entered service on 04.12.1985, was drawing higher pay than him. Therefore, he submitted Ext.P1 claim in the prescribed format, for senior-junior fixation, provided in paragraph 6 of Annexure-III of GO(P)No.3000/98/Fin. dated 25.11.1998. The Principal of the School allowed his claim and he drew the revised sa





































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