IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 8TH MARCH 2010 / 17TH PHALGUNA 1931 WP(C).No. 5479 of 2010(H) ------------------------------------ PETITIONERS: --------------------- 1. MADHUSOODANAN.N., NON VOCATIONAL TEACHER IN ENGLISH, GOVT.VOCATIONAL HIGHER SECONDARY SCHOOL, AGALI, PALAKKAD DISTRICT. 2. ANAND K.NAIR, NON VOCATIONAL TEACHER IN ENGLISH, K.K.M. GOVT. V.H.S.SCHOOL, ORKKATTERI, KOZHIKODE, P.O.ERAMALA. 3. CHANDRAN KAKKOTH, NON VOCATIONAL TEACHER IN ENGLISH, GOVT.FISHERIES VOCATIONAL HIGHER SECONDARY SCHOOL, CHERUVATHUR, KASARAGODE DISTRICT. 4. THOMAS.K.D, NON VOCATIONAL TEACHER IN ENGLISH, GOVT.SARVAJANA VOCATIONAL HIGHER SECONDARY SCHOOL, SULTHAN BATHERY, WAYANAD. BY ADVS. MR.ELVIN PETER P.J, SMT.POOJA SURENDRAN. 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, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM. W.P.(C). NO.5479/2010-H: 3. THE PRINCIPAL, GOVT. VOCATIONAL HIGHER SECONDARY SCHOOL, AGALI, PALAKKAD DISTRICT. 4. THE PRINCIPAL, K.K.M.GOVT. V.H.S.SCHOOL, ORKKATTERI, KOZHIKODE, P.O.ERAMALA. 5. THE PRINCIPAL, GOVT.FISHERIES VOCATIONAL HIGHER SECONDARY SCHOOL, CHERUVATHUR, KASARAGODE DISTRICT. 6. THE PRINCIPAL, GOVT.SARVAJANA VOCATIONAL HIGHER SECONDARY SCHOOL, SULTHAN BATHERY, WAYANAD. R1 TO R6 BY GOVT. PLEADER MR. SANDESH RAJA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/03/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.5479/2010-H: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE APPOINTMENT ORDER DT. 20/02/1999 OF THE P.1. ISSUED BY THE R.2. EXT.P.2: COPY OF THE APPOINTMENT ORDER DT. 29/06/2001 OF THE P.2. ISSUED BY THE R.2. EXT.P.3: COPY OF THE APPOINTMENT ORDER DT. 01/01/2002 OF THE P.3. ISSUED BY THE R.2. EXT.P.4: COPY OF THE APPOINTMENT ORDER DT. 30/11/2000 OF THE P.4. ISSUED BY THE R.2. EXT.P.5: COPY OF THE ORDER DTD. 05/05/1963 ISSUED BY THE GOVERNMENT. EXT.P.6: COPY OF THE LETTER DTD. 26/05/2005 ISSUED BY GOVERNMENT. EXT.P.7: COPY OF THE STATEMENT OF FIXATION OF PAY OF THE P.1. EXT.P.8: COPY OF THE STATEMENT OF FIXATION OF PAY OF THE P.2. EXT.P.9: COPY OF THE STATEMENT OF FIXATION OF PAY OF THE P.3. EXT.P.10: COPY OF THE STATEMENT OF FIXATION OF PAY OF THE P.4. EXT.P.11: COPY OF THE RELEVANT EXTRACT OF THE ORDER, G.O. DTD. 25/03/2006 ISSUED BY THE GOVT. EXT.P.12: COPY OF THE ANNEXURE-1 REFERRED TO IN EXT.P.11. ORDER. EXT.P.13: COPY OF THE RELEVANT EXTRACT OF THE RULES FOR FIXATION OF PAY IN THE REVISED SCALE REFERRED TO AS ANNEXURE-2. EXT.P.14: COPY OF THE LETTER DTD. 13/11/2006 ISSUED BY THE GOVERNMENT. EXT.P.15: COPY OF THE CIRCULAR DTD. 07/12/2007 ISSUED BY THE R.2. EXT.P.16: COPY OF THE CIRCULAR DTD. 21/02/2008 ISSUED BY THE R.2. EXT.P.17: COPY OF THE OBJECTION RAISED BY THE AUDIT DEPARTMENT IN RELATION TO THE P.1. EXT.P.18: COPY OF THE OBJECTION RAISED BY THE AUDIT DEPARTMENT IN RELATION TO THE P.2. W.P.(C). NO.5479/2010-H: EXT.P.19: COPY OF THE OBJECTION RAISED BY THE AUDIT DEPARTMENT IN RELATION TO THE P.3. EXT.P.20: COPY OF THE OBJECTION RAISED BY THE AUDIT DEPARTMENT IN RELATION TO THE P.4. EXT.P.21: COPY OF THE JUDGMENT DTD. 02/07/2009 IN W.P.(C).NO.9780/2009 AND CONNECTED CASES OF THIS HONOURABLE COURT. //TRUE COPY// P.A. TO JUDGE. Prv. S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 5479 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8th day of March, 2010 J U D G M E N T Petitioners were originally appointed as Lower Division Clerks in the Ministerial Subordinate Service of the Department of Vocational Higher Secondary Education. They were promoted by transfer as Non-Vocational Teachers in English in the Vocational Higher Secondary Education Service under Rule 9 (a) (i) of the KS & SSR. Their grievance in this writ petition is that they are not being given the fixation of pay as applicable to other similarly appointed persons as evidenced by Ext.P21 judgment. I have heard the learned Government Pleader also. The learned Government Pleader does not dispute the fact that the issue involved in this writ petition is covered by Ext.P21 judgment in favour of the petitioners. Accordingly this writ petition is disposed of in terms of Ext.P21 W.P.(C)No. 5479 of 2010 -2- judgment. Ext.P21 judgment shall be annexed to this judgment and shall form part of this judgment. S. SIRI JAGAN JUDGE shg/