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2025 Supreme(Online)(Ker) 56942

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N. NAGARESH, J
SAMUAL MATHAI – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.POOVAMULLE PARAMBIL ABDULKAREEM
For the Respondents: SMT.ANIMA M.

Table of Content
1. petitioner's claim for valid pay scale. (Para 1 , 2 , 3 , 4)
2. respondents' opposition based on perceived errors in pay designations. (Para 5 , 6 , 7)
3. court's affirmation based on precedents supports petitioner's entitlement. (Para 8 , 9)

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~

The petitioner, who retired from service as Clerk from the CMS High School, Kattanam, seeks to declare that the revised scale of pay granted in Exts.P1 and P2 in the scale of ₹4000-6090 is legally valid and it cannot be altered in the light of Exts.P9 to P11 judgments.

2. The petitioner entered service as Attender in January, 1990. He was promoted to the post of Clerk on 02.04.1990. The petitioner was granted the benefit of pay revision orders and Time Bound Higher Grades, except the 27 years Higher Grade. The petitioner retired on 31.05.2023.

3. Though the pension proposal in respect of the petitioner was submitted to the 3rd respondent-Deputy Director of Education, the Deputy Director has not forwarded it to the 2nd respondent-Accountant General so far. The 3rd respondent has taken a stand that Aided School Clerks are not entitled to such promotion scale as there is no promotion post.

4. The pet

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