IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 20^TH DAY OF JANUARY 2025 / 30TH POUSHA, 1946 WP(C) NO. 35388 OF 2024 PETITIONER: SHYNI M.J., AGED 44 YEARS, W/O. JIJO JOSE, VADAKOOT KOLADY, MISSION ROAD, KUNNAMKULAM, THRISSUR DISTRICT, PIN - 680503 BY ADVS.

SRI.SURESH C. SRI.SAJITH T.

RESPONDENTS:

1 THE DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, AYYANTHOLE, THRISSUR -KERALA, PIN - 680003

2 THE ASSISTANT EDUCATION OFFICER, KUNNAMKULAM SUB DISTRICT, KUNNAMKULAM, THRISSUR DISTRICT, PIN - 680503

3 DIRECTOR OF GENERAL EDUCATION, DIRECTORATE OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN - 695014

4 THE MANAGER, ST.MMCUPS SCHOOL, KANIPPAYYUR, THRISSUR DISTRICT, PIN - 680517

5 THE HEADMISTRESS, ST.MMCUPS SCHOOL, KANIPPAYYUR, KUNNAMKULAM., PIN - 680517 BY ADVS.

SRI.GEORGE ZACHARIAH ERUTHICKEL SRI.TONY AUGUSTINE, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.01.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Dated this the 20^th day of January, 2025 The petitioner, a senior UPSA, filed a representation on 28.06.2023 before the Assistant Education Officer, Kunnamkulam, seeking rectification of pay anomaly, whereby a junior UPSA, Smt.Teena Thambi, was receiving a higher salary despite being junior in service. Aggrieved by the inaction of the Assistant Education Officer, the petitioner approached this Court filing W.P.(C.) No.34682 of 2023, which resulted in an order dated 26.10.2023, directing the 2^nd respondent (Assistant Education Officer) to hear the matter.

2. During the hearing, it was revealed that Smt.Teena Thambi's probation had been wrongly declared on two different occasions, resulting in her inflated salary.

Consequent upon the finding, the 2^nd respondent sought a report from the 4^th and 5^th respondents for further steps. Subsequently, after receiving the report, the 2^nd respondent forwarded the matter to the 1^st respondent with a detailed report for a corrective action.

3. However, despite this, no steps have been taken by the respondents to resolve the issue, leading the petitioner to continued suffering financial injustice. The inaction on the part of the respondents is unjust, arbitrary and unconstitutional and doesn't stand to the test of fairness and equality and also on the touchstone of Article 14 and 16 of the Constitution of India. The action of the respondents is violative of the principles of natural justice, contends the petitioner.

4. Government Pleader submitted that the petitioner's probation was declared considering the petitioner's service from 01.06.2009 to 31.05.2010. It has been recorded in the Service Book of the petitioner. The probation was declared on 01.08.2009. As per Rule 3 Chapter XXIII KER, LPST and UPST are different categories. Different categories cannot be compiled and declared the probation as per the Rules of KER. So the declaration of probation in the cadre of UPST has to be re-examined and also the pay fixations.

5. The Government Pleader further submitted that the Head Master of the School was directed to re-examine the pay fixation and resubmit the same within 15 days and the same would be submitted to the Deputy Director of Education, Thrissur for further examination. After the evaluation by the Deputy Director of Education, Thrissur, if any anomaly persists, then necessary steps will be taken to resolve the same. Taking into consideration the afore facts, I am of the view that the writ petition can be disposed of with appropriate directions. The 5^th respondent-Headmistress has submitted Ext.R5(b) re-fixation of Smt.Teena Thambi. The Deputy Director of Education, Thrissur shall take necessary steps to resolve any anomaly, after hearing affected parties.

The writ petition is disposed of as above.

Sd/-

N. NAGARESH JUDGE

SR

APPENDIX OF WP(C) 35388/2024 PETITIONER'S EXHIBITS:

Exhibit-P1 TRUE COPY OF INITIAL APPOINTMENT ORDER DATED 01.06.2005.

Exhibit-P2 TRUE COPY OF APPOINTMENT ORDER (PERMANENT) NO.B-