IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 29TH OCTOBER 2008 / 7TH KARTHIKA 1930 OP.No. 26733 of 2002(G) --------------------------------- PETITIONER(S): ----------------------- 1. JACOB JOHN, HEADMASTER, ARIYAD C.M.S.L.P. SCHOOL, KOMMADY, ALAPPUZHA NORTH P.O., ALAPPUZHA - 7. 2. M. YEMUNA, HEADMISTRESS, S.N.V.L.P.SCHOOL, THUMPOLY, THUMPOLY P.O., ALAPPUZHA. 3. V.K. MARIAMMA, HEADMISTRESS, T.K.M.M.U.P. SCHOOL, VADACKAL, KUTHIRAPANTHY, ALAPPUZHA. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.C.P.SIVADASAN NAIR RESPONDENT(S): ------------------------- 1. STATE OF KERALA REP. BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF EDUCATION, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 3. THE ASSISTANT EDUCATIONAL OFFICER, ALAPPUZHA. GOVERNMENT PLEADER SRI.NOBLE MATHEW THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 29/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. NO.45433/2002 IN OP. NO.26733/2002 DISMISSED 29.10.2008 SD/- KURIAN JOSEPH, JUDGE, APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE APOINTMENT ORDER DT. 1.8.89 ISSUED BY THE MANAGER OF THE SCHOOL TO THE IST PETITIONER. P2:- COPY OF THE APPOINTMENT ORDER DT. 5.6.89 ISSUED BY THEMANAGER OF THE SCHOOL TO THE 2ND PETITIONER. P3:- COPY OF THE CERTIFICATE NO.7150/98 ISSEUD BY THE KERALA PUBLIC SERICE COMMISSION TO THE 2ND PETITIONER. P4:- COPY OF THE APPOINTMENT ORDER DT. 1.4.98 ISSUED TO THE 3RD PETITIONER BY THE MANAGER OF THE SCHOOL. P5:- COPY OF THE REPRESENTATION DT. 12.3.02 SUBMITTED BY THE PETITIONERS BEFORE THE IST RESPONDENT. P6:- COPY OF THE ORDER NO.G.O.(P) 127/99/G. EDN. DT. 4.6.99 ISSUED BY THE IST RESPONDENT. P7:- COPY OF THE ORDER NO.G.O.(P)136/88/G. EDN. DT. 8.9.88. P8:- COPY OF THE ORDER IN CMP. NO.34397/99 IN OP. 20891/99 OF THIS HONOURABLE COURT DT. 13.8.99. P9:- COPY OF THE ORDER NO.4597/99 DT. 19.3.01 PASSED BY THE ASST. EDL. OFFICER, PAYYANNUR. P10:- COPY OF THE ORDER NO.D/1498/2001 DT. 12.6.01 PASSED BY THE ASST. EDL . OFFICER , MANNARKKAD. P11:- COPY OF THE REPRESENTATION DT. 10.5.02 SUBMITTED BY THE PETITIONERS BEFORE THE IST RESPONDENT. /TRUE COPY/ P.S. TO JUDGE tss KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.26733 of 2002 ----------------------------------------- Dated this the 29th day of October, 2008 JUDGMENT The writ petition is filed mainly with the following prayers:- ii) issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to disburse the scale of pay of Headmasters due to the petitioners with effect from 01-06-99, 01-04-99, and 01-04-98 respectively. iv) issue any appropriate writ, order or direction delcaring that Rule 1(1) of Chapter XXVI of K.E.R. to the extent it imposes 15 years of continuous service for drawing the scale of pay of Headmasters is unconstitutional and violative of Articles 14, 16 and 39(d) of the Constitution of India. The issue is covered by the Bench decision of this court in O.P.No.12800/1999 dated 2-9-2003. There will be a direction to the 3rd respondent to take appropriate action in the case of the petitioners in the light of the decision referred to above with notice to the petitioner within a period of three months from the date of receipt of a copy of the judgment along with a copy of the judgment referred to above. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- O.P.No.26733 of 2002 ----------------------------------- JUDGMENT 29th October, 2008