IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 17TH FEBRUARY 2010 / 28TH MAGHA 1931 WP(C).No. 20134 of 2009(J) -------------------------------------- PETITIONER: ------------------- ANITHA KUMARI.V., NON VOCATIONAL TEACHER IN MATHEMATICS, GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, MOOLAMATTOM, IDUKKI DIST. BY ADV. MR.ELVIN PETER P.J. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF VOCATIONAL HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 3. THE ASSISTANT DIRECTOR, VOCATIONAL HIGHER SECONDARY EDUCATION DEPARTMENT, REGIONAL OFFICE, THRISSUR. 4. THE PRINCIPAL, GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, MOOLAMATTOM, IDUKKI DIST. R1 TO R4 BY GOVERNMENT PLEADER MR. SANDESH RAJA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.20134/2009-J: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER DTD. 18/01/2001 ISSUED BY THE R.2. EXT.P.2: COPY OF THE RELEVANT EXTRACT OF THE ORDER, G.O. DTD. 25/03/2006 ISSUED BY THE GOVERNMENT. EXT.P.3: COPY OF THE ANNEXURE-1 REFERRED TO IN EXT. P.2. ORDER. EXT.P.4: COPY OF THE RELEVANT EXTRACT OF THE RULES FOR FIXATION OF PAY IN THE REVISED SCALE REFERRED TO AS ANNEXURE-2 IN EXT.P.2. EXT.P.5: COPY OF THE LETTER DTD. 13/11/2006 ISSUED BY THE GOVERNMENT. EXT.P.6: COPY OF THE CIRCULAR DTD. 07/12/2007 ISSUED BY THE R.2. EXT.P.7: COPY OF THE CIRCULAR DTD. 21/02/2008 ISSUED BY THE R.2. EXT.P.8: COPY OF THE LETTER DTD. 26/05/2005 ISSUED BY THE R.1. EXT.P.9: COPY OF THE INTERIM RODER DTD. 27/08/2008 IN W.P.(C).NO.25762/2008 OF THIS HONOURABLE COURT. EXT.P.10: COPY OF THE INTERIM ORDER DTD. 20/10/2008 IN W.P.(C).NO.30742/2008 OF THIS HONOURABLE COURT. EXT.P.11: COPY OF THE ORDER DTD. 16/06/2009 ISSUED BY THE R.3. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 20134 of 2009 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of February, 2010 J U D G M E N T The petitioner in this writ petition was a member of the Ministerial Service in the Department of Vocational Higher Secondary Education. Pending framing of special rules for filling up of the post of Non-Vocational Teacher, qualified persons in the ministerial wing of the service was provisionally appointed as non-vocational teacher. The petitioner was also appointed as a Non-Vocational Teacher in Mathematics under Rule 9 (a) (i) of the KS & SSR. According to the petitioner going by the said Rule, a member of a ministerial service appointed to another service is entitled to the benefit of fixation of pay in the scale of pay of the latter service. By Ext.P8 the Government has clarified so also. But by Exts.P5, P6, P7 & P11 orders that benefit has been denied to the petitioner. It is under the above circumstances the petitioner has filed this writ W.P.(C)No. 20134 of 2009 -2- petition seeking the following reliefs: i) issue a writ of certiorari or any other appropriate writ, direction or order calling for the records leading to Ext.P11 and quashing the same. ii) issue a writ of certiorari or any other appropriate writ, direction or order calling for the records leading to Exts.P5, P6 and P7 and quashing the same. iii) issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to disburse the salary due to the petitioner for the period from 8-7-2008 till 19-11-2008 forthwith. iv) issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to disburse to the petitioner increments due to her in the scale of pay of Rs.11070-18450 along with arrears. 2. A counter affidavit has been filed by the 2nd respondent wherein it is admitted by the State that the issue is squarely covered by a decision of this court in W.P.(C) Nos.30423, & 30635/2007, 4856, 4857 & 9780/2008. A copy of the said judgment has been produced before me. On a perusal of the same, I am satisfied that the issue involved in this writ petition is squarely covered by my decision in W.P.(C) No.30423/2007 and connected cases. Accordingly this writ petition is allowed in favour of the W.P.(C)No. 20134 of 2009 -3- petitioner in terms of the judgment in W.P.(C) No.30423/2007 and connected cases. S. SIRI JAGAN JUDGE shg/