IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 WP(C).No. 28746 of 2007(V) -------------------------------------- PETITIONER: ------------------- C.SASIKUMARI, PRINCIPAL, GOVT. HIGHER SECONDARY SCHOOL, PALAYAD, THALASSERY, KANNUR DISTRICT. BY ADV. SRI.P.J.MATHEW. RESPONDENTS: ----------------------- 1. THE STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, THIRUVANANTHAPURAM. 3. THE SENIOR ACCOUNTS OFFICER, INDIAN AUDIT AND ACCOUNTS DEPARTMENT, ACCOUNTANT GENERAL (A&E), KERALA,THIRUVANANTHAPURAM. 4. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. BY GOVT. PLEADER SMT. T.B. REMANI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.28746/2007-V: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER OF PROMOTION ISSUED BY THE R.2. DTD. 14/11/1995. EXT.P.2: COPY OF THE G.O. (MS). NO.1 73/95/G. EDN. DTD. 01/06/1995. EXT.P.3: COPY OF THE G.O. (MS).NO.380/95/G. EDN. DTD. 29/07/1995. EXT.P.4: COPY OF THE AUDIT OBJECTION ISSUED BY THE R.3. DTD.1 8/03/1999. EXT.P.5: COPY OF THE CIRCULAR NO. A2-3575/95/HSE DTD. 08/02/1999 ISSUED BY THE R.2. EXT.P.6: COPY OF THE REPRESENTATION DTD. 10/11/1999 FILED BY THE PETITIONER BEFORE THE R.1. EXT.P.7: COPY OF THE G.O.(MS). NO. 162/98/G. EDN. DTD. 13/05/1998. EXT.P.8: COPY OF THE G.O. (MS). NO. 312/2004/G. EDN. DTD. 11/10/2004. EXT.P.9: COPY OF THE JUDGMENT DTD. 23/05/2000 IN O.P. NO. 14206/2000-M. EXT.P.10: COPY OF THE ORDER DTD. 02/12/2004 ISSUED BY THE DIRECTOR OF H.S.E. EXT.P.11: COPY OF THE JUDGMENT DTD. 28/11/2002 IN W.A. NOS.460/2000 & 469/2000. EXT.P.12: COPY OF THE JUDGMENT DTD. 17/01/2006 IN W.P.(C). NO. 22511/2005. EXT.P.13: COPY OF THE LETTER DTD. 28/04/2008 NO. GE34 CELL/A/S-150/143 OF THE ACCOUNTANT GENERAL. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. ANTONY DOMINIC, J ----------------------------------------------------------- W.P.(C).No.28746/2007 ----------------------------------------------------------- Dated this the 13th day of October, 2008 JUDGMENT Prayer in this writ petition is to quash Exts.P3 and P4 and to declare that the petitioner is entitled to be considered as a full time HSST and to get consequential benefits, including arrears of pay. 2. While working as a HSA, petitioner was promoted as HSST with effect from 23.11.2995. However, on account of the fact that the periods available were less than 15, the petitioner was ordered to be treated as part time. While so, Government issued an order dated 13.5.1998, ordering that irrespective of the availability of periods, promotees will be entitled to be treated on a full time basis. This claim of the teachers like the petitioners was also recognized by this court as per Exts.P11 and P12 judgments in Writ Appeal WP(c).No.28746/07 2 No.460/2000 and WP(c).No.22511/2005. Despite all this, the benefit of the Government order as confirmed in the judgments referred to above, was not extended to the petitioner and the petitioner was continued to be treated as a part time teacher, for the reason that the Accountant General has sought a clarification from the Government as to whether it was permissible to grant the benefit to the petitioner since she has been promoted prior to the issuance of the Government Order. Government Pleader submits that the matter is still pending with the Government and it was therefore that full time status has not been given to the petitioner. In my view, the date on which the petitioner was promoted by itself cannot be a ground for declining the benefit of full time status to the petitioner, in view of the Government Order dated 13.5.1998. The order certainly is a declaratory one and if that be so, that should also be applied to the petitioner also. For that reason the petitioner has to WP(c).No.28746/07 3 be held as entitled to the benefit of the Government Order dated 13.5.1998 and also to Exts.P11 and P12 judgments referred above. Accordingly, this writ petition will stand allowed declaring that the petitioner is entitled to be treated as a full time HSST and that she will be entitled to all consequential benefits including arrears of pay as well. ANTONY DOMINIC JUDGE vi. WP(c).No.28746/07 4