The court recognizes the entitlement of retired clerks to fixed pay scales as per established judicial precedents.

J U D G M E N T

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

4. The petitioner states that the issue raised is covered by judgments of this Court in writ petitions and writ appeals and this Court has held that fixation of pay at ₹4000/-

in the scale of pay of ₹4000-6090 is legally valid.

5. The 3^rd respondent filed a counter affidavit and resisted the writ petition. The 3^rd respondent submitted that on completing ten years of service since his promotion as Clerk, the petitioner was granted first Higher Grade in the scale of pay of ₹3350-5275 with effect from 02.04.2000. Upon the petitioner acquiring Department Test qualification, his pay was revised to ₹4000-6090 with effect from

08.07.2004. On completion of 16 years, the petitioner was granted Senior Grade and was placed in the scale of pay of ₹8390-13270. On completion of 22 years, the petitioner was again placed in a higher scale of pay of ₹16180-29180. The petitioner was erroneously granted Higher Grade and Senior Grade fixations. The same was detected only when pension proposal was submitted.

6. I have heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 to 4.

7. The contention of the respondents is that the petitioner was erroneously given Higher Grade of ₹4000/- in the scale of pay of ₹4000-6090 with effect from 08.07.2004. The Aided School Clerks are entitled to claim only the table scale of respective pay revision orders since the Clerks have no promotional avenue.

8. I find that the matter was considered by this Court in W.P.(C) No.33615/2024 and this Court held that Lower Division Clerks appointed in High Schools / Higher Secondary Schools are entitled to be placed in the scale of ₹4000-6090 on completion of ten years of service on grant of first Time Bound Higher Grade. It was so held in W.P.(C) No.9292/2021 also. A similar judgment was taken up in appeal filing W.A. No.9/2022 . A Division Bench dismissed the writ appeal. The Special Leave Petition No.10365/2022 arising out of the said Division Bench judgment was dismissed by the Hon’ble Apex Court.

9. As the legal issue involved is covered by the judgments of this Court in favour of the petitioner, the writ petition is only to be allowed. Exts.P5 to P8 are quashed. It is declared that the revised scale of pay granted in Exts.P1 and P2 in the scale of ₹4000-6090 to the petitioner is legally valid and it cannot be legally altered.

The writ petition is disposed of as above.