IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE &

THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR TH FRIDAY, THE 14 DAY OF MARCH 2025 / 23RD PHALGUNA, 1946 WA NO. 1597 OF 2020 AGAINST THE JUDGMENT DATED 16/12/2019 IN WP(C) NO.32655 OF 2016 OF HIGH COURT OF KERALA APPELLANT/S:

JOHN.K.V.

AGED 56 YEARS S/O.VARKEY, CLERK, SMHS, VAZHAVARA, IDUKKI DISTRICT, RESIDING AT KALAPPURAKKAL HOUSE, VELLAYAMKUDY P.O., KATTAPPANA, IDUKKI DISTRICT.

BY ADV PAULSON THOMAS RESPONDENT/S:

1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.

2 DIRECTOR OF PUBLIC INSTRUCTIONS, NOW RENAMED AS DIRECTOR OF GENERAL EDUCATION, THIRUVANANTHAPURAM, PIN-695001.

3 THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, THODUPUZHA, IDUKKI DISTRICT, PIN-685384.

4 THE DISTRICT EDUCATIONAL OFFICER, KATTAPPANA, IDUKKI DISTRICT, PIN-685001.

SENIOR GOVERNMENT PLEADER, SHRI A.J.VARGHESE THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 14.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

J U D G M E N T A.Muhamed Mustaque, J.

The appellant is the writ petitioner. The appellant entered the service of an aided school as a Full Time Menial (FTM) w.e.f. 13/03/1990. He was sanctioned a higher grade on completion of 10 years as FTM on 06/11/1999. This was inclusive of the broken period of service as a Peon. Thereafter, he was promoted as a Clerk on 14/02/2005 and was granted a higher grade in the clerical cadre on 01/03/2006. This was rectified by the State. The appellant has approached this court challenging the judgment of the learned Single Judge to the extent it affirmed that the appellant is not entitled to the second higher grade.

2. The appellant having obtained regular promotion and not stagnated in the clerical cadre is not entitled to a higher grade in the clerical cadre. Therefore, the rectification was correct. This Court by judgments in State of Kerala v. Ponnamma [2019 (3) KLT 618] and O.P.(KAT) No. 121/2017, dated 10/03/2025, held that one cannot get the benefit of a promotion as well as a higher grade at the same time. In light of these binding judgments, there is no scope for interference with the impugned order.

3. Pending writ appeal, the appellant has made a representation for granting a third higher grade on completion of 22 years of service and a further higher grade on completion of 27 years. This has been produced as Annexure-8 along with I.A. No.3/2024. The appellant also placed reliance on Annexure-1 to Annexure-5 Government Orders. In such circumstances, there shall be a direction to the third respondent, the District Educational Officer, to consider Annexure-8 representation and pass orders after examining the relevance of Annexures 1 to 5 and affording an opportunity of hearing to the appellant. Needful shall be done within three months.

The Writ Appeal is disposed of as above.

Sd/-

A.MUHAMED MUSTAQUE, JUDGE Sd/-

P. KRISHNA KUMAR, JUDGE ms APPENDIX OF WA 1597/2020 PETITIONER ANNEXURES Annexure-1 TRUE COPY OF G.O.(MS)NO. 216/14(192)/ FIN. DATED

11-06-2014.

Annexure-2 TRUE COPY OF G.O.(MS)NO. 16/2010/G.EDN. DATED 18-

01-2010.

Annexure-3 TRUE COPY OF THE RELEVANT PART OF THE PAY REVISION ORDER DEALING WITH TIME BOUND HIGHER GRADE IN G.O. (P)NO. 85/2011/FIN. DATED 26-02-

2011.

Annexure-4 TRUE COPY OF THE RELEVANT PART OF 2016 PAY REVISION ISSUED AS PER G.O.(P)NO. 7/2016/FIN.

DATED 20-01-2016.

Annexure-5 TRUE COPY OF THE RELEVANT PART OF 2021 PAY REVISION ISSUED AS PER G.O.(P)NO. 27/2021/FIN.

DATED 10-02-2021.

Annexure-6 :- TRUE COPY OF THE PROCEEDINGS OF THE DEO, KATTAPPANA DATED 20-02-2013 SANCTIONING 8 YEARS HIGHER GRADE IN THE POST OF CLERK W.E.F. 01-02-

2013.

Annexure-7 TRUE COPY OF THE PROCEEDINGS OF THE DEO, KATTAPPANA DATED 21-02-2021 SANCTIONING 15 YEARS HIGHER GRADE W.E.F. 07-12-2019 IN THE POST OF CLERK.

Annexure-8 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER DATED 20-11-2024.