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2025 Supreme(Online)(Ker) 58189
IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J
DEVAYANI.C – Appellant
Versus
THE STATE OF KERALA – Respondent
WP(C) NO. 47637 OF 2025
Important Points
Subject
Employment and Service Law - Government Employment
Headnote
For the Appellants/Petitioners: SRI.V.A.MUHAMMED, SRI.M.SAJJAD
For the Respondents: SMT.PRINCY XAVIER
| Table of Content |
|---|
| 1. petitioner's appointment and promotion details under ksr. (Para 1 , 2 , 3) |
| 2. arguments regarding pay fixation and increment denial. (Para 4 , 5) |
| 3. court's directive on reconsideration of the revision petition. (Para 6) |
JUDGMENT Dated this the 18th day of December, 2025 Petitioner was appointed as HSST (Junior)
Mathematics under by-transfer method from 04.09.2001 onwards. She was also granted Higher Grade and Selection Grade benefits in the post of HSST (Junior).
2. While working as HSST (Junior)
Mathematics in the higher time scale of pay, she was promoted as HSST (Mathematics) with effect from 24.06.2024 against a retirement vacancy, as provided under the Special Rules. The said promotion was approved by the Regional Deputy Director, Malappuram and the petitioner’s pay was fixed at ₹91,200/- under Rule 37(b), Part-I of KSR, protecting the pay drawn in the lower post carrying a higher scale.
3. However, the RDD denied protection of the increment date due on 01.09.2024 and postponed the next increment to 01.06.2026, which is contrary to Rule 37(b) of Part-I of KSR and binding judgments of this Court upheld by the Hon’ble Apex Court. Though the petitioner has filed a statutory revision petition in the matter before the Government, the same is pending consideration.
4. I have heard the learned counsel for the petitioner and the learned Government Pleader representing respondents 1 to 3.
5. The argument of the petitioner is that while holding the post of HSST (Junior) Mathematics in the scale of ₹56,500-1,18,100, she was appointed as HSST (Mathematics) in the scale of ₹55,200-1,15,300 on 02.06.2025, as provided in Special Rules and hence she is entitled to get pay fixation under Rule 37(b) of Part-I of KSR. The petitioner would urge that consequently, she is entitled to get fixed pay at ₹91,200/- with effect from 24.06.2024 with the date of next increment on 01.09.2024 in view of Rule 37(b).
6. From the pleadings in the writ petition, I find that the petitioner has preferred Ext.P9 Revision Petition in this regard before the 1st respondent. As a statutory Revision Petition is pending, it would be appropriate that the competent revisional authority considers Ext.P9 and passes appropriate orders adverting to Exts.P6 to P8 and Exts.P10 to P12.
The writ petition is accordingly disposed of directing the 1st respondent to consider Ext.P9 and pass appropriate orders thereon within a period of three months after giving an opportunity of hearing to the petitioner and taking note of Exts.P6 to P8 and Exts.P10 to P12 also.
