Fixation of salary increments and the right to receive benefits under specific statutory rules governing education sector appointments.

JUDGMENT

Dated this the 11^th day of December, 2025 The petitioner states that he commenced his service as HST (Malayalam) from 14.07.1994 against a regular vacancy in SNVHSS, N.R. Cityan Aided School.

2. He was appointed by-transfer as HSST (Junior)

(Malayalam) from 10.08.2006 onwards in the same School against a regular vacancy. He was also granted higher grade in the scale of pay of ₹20,740-36,140 and fixed his pay at ₹25,280/- from 10.08.2014 on completion of eight years of service as HSST (Junior) (Malayalam).

3. On completion of 15 years of service as HSST (Junior) (Malayalam), he was promoted as Selection Grade in the scale of pay of ₹56,500-1,18,100 and fixed his pay at ₹89,000/- from 10.08.2021 with normal date of next increment on 01.08.2022.

4. While working as HSST (Junior) (Malayalam)

Selection Grade, he was promoted as HSST (Malayalam) from 02.06.2025 onwards against a voluntary retirement vacancy. The same was also approved by the Regional Deputy Director, Kottayam as per order dated 22.06.2025. His pay in the post of HSST (Malayalam) was fixed at ₹95,600/- with effect from 02.06.2025 by protecting his pay on promotion against the post carrying lower scale as per Rule

37(b) of Part I of KSR.

5. The Regional Deputy Director as per Ext.P5 denied the increment in the lower post due on 01.08.2025. The petitioner is entitled to get the fixation under Rule 37(b) of Part I of KSR and hence pay with date of increment will be protected. Consequently, the petitioner is entitled to get his next increment on 01.08.2025. The petitioner is entitled to get fixed his pay on promotion to the post carrying lower scale of pay under Rule 37(b) of Part I of KSR protecting his pay as his promotion as HSST was as per Special Rules. Hence he is entitled to get fixed pay at ₹95,600/- with effect from 02.06.2025 with date of next increment on 01.08.2025 under Rule 37(b) of Part I of KSR.

6. The petitioner states that this Court as per judgment dated 11.11.2020 in W.P.(C).No.14753/2020 has held that there is nothing in Government decision No.4 under Rule 37 (b) to suggest that the benefit would be available only where a person is being appointed by-transfer from a lower time scale of pay to a higher time scale of pay. As a matter of fact, the Government decisions specifically apply in the petitioner’s case, since the re-fixation would be available under Rule 28A itself and hence the petitioner is entitled to get another increment on the date of its due in the lower post. 7. Writ Appeal filed by the State against the Ext.P6 judgment was dismissed. Special Leave Petition filed by the State against Ext.P7 judgment was dismissed by the Apex Court on 28.02.2023 in SLA No.4420/2023 . Aggrieved by the denial of similar benefits to him, the petitioner moved the Government in Revision under Rule 92 of Chapter XIVA KER on 25.11.2025 requesting to approve his pay fixation at ₹95,600/- with effect from 02.06.2025 with next date of increment on 01.08.2025 and so on by protecting his normal increment date in the lower post.

8. I have heard the learned counsel for the petitioner and the learned Senior Government Pleader representing respondents 1 to 3.

9. The issue raised by the petitioner is regarding fixation of salary and the date of increment. The issue seems to be covered by Exts.P6 to P8 judgments and Exts.P10 and P11 Government Orders. In the facts of the case, I am of the view that to meet the ends of justice the 1^st respondent should consider Ext.P9 Revision Petition filed by the petitioner.

The writ petition is accordingly disposed of directing the

1^st respondent to consider Ext.P9 Revision Petition within a period of three months adverting to Exts.P6 to P8, P10 and P11 and after