IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 27TH JANUARY 2011 / 7TH MAGHA 1932 WP(C).No. 10216 of 2006(N) --------------------------------------- PETITIONER(S): ----------------------- 1. P. VENUGOPALAN, H.S.A. (MALAYALAM), GOVERNMENT HIGHER SECONDARY SCHOOL, PATTIKKAD, MALAPPURAM DISTRICT. 2. SURESHKUMAR K.K., H.S.A. (MALAYALAM), G.H.S.S. NIRAMARATHUR, MALAPPURAM DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.TOJAN J. VATHIKULAM RESPONDENT(S): -------------------------- 1. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. 2. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/01/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.10216/2006 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE ORDER NO.A3/2963/A6 DATED 20/9/1996. P1(A) COPY OF THE G.O.(MS) NO.139/96/C.EDN.DATED 30/3/1996. P2 COPY OF THE ORDER NO.A2/8529/2000 DATED 30/1/2002. P3 COPY OF THE JUDGMENT DATED 4/12/2003 IN O.P.8060/2002. P4 COPY OF THE ORDER NO.A2/6941/02 DATED 7/2/2004 OF THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. P5 COPY OF THE ORDER DATED 14/10/2004 ISSUED BY THE RESPONDENT. P6 COPY OF THE REPRESENTATION SUBMITTED BY THE FIRST PETITIONER DATED 28/10/2004. P7 COPY OF THE REPRESENTATION FILED BY THE SECOND PETITIONER. P8 COPY OF THE JUDGMENT IN WP(C)NO.28189 OF 2005 DATED 4/10/2005. P9 COPY OF THE ORDER DATED 16/1/2006. P10 COPY OF THE JUDGMENT DATED 16/7/2009 IN WP(C) NO.8891 OF 2006. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.10216/2006-N ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 27th day of January, 2011 J U D G M E N T The petitioners herein are aggrieved by Ext.P9 order by which the request to grant service benefits from the date of their initial promotion to the post of H.S.A (Malayalam) was rejected. 2. They are working as High School Assistants now. It is pointed out that similarly placed teachers were given benefits by reckoning the date of initial promotion as the date of regular promotion. 3. The first petitioner was initially appointed as P.D.Teacher on 22/07/1993 and, thereafter, he was promoted as H.S.A (Malayalam) on 20/09/1996. It was a temporary promotion. According to the first petitioner, the temporary promotion was made on recognition of the fact that candidates from direct recruits were not available for appointment and it is contended that actually the quota for promotees was not filled up and he was entitled for regular promotion from the date of Ext.P1 itself. W.P.(C). No.10216/2006 -:2:- 4. The second petitioner was promoted as H.S.A as per order dated 06/07/1996. 5. The Public Service Commission after a period of six years published the ranked list and petitioners were reverted to allow direct recruits to join service. This was subject matter of O.P.No.8060/2002 which was disposed of by Ext.P3 Judgment. This Court found therein in paragraph (12) that “cadre strength of promotee H.S.A (Malayalam) will be satisfied only if 33 more persons are appointed as H.S.A. (Malayalam) by promotion for the year 2001-02”. After the Judgment was rendered, 33 persons were promoted by Ext.P4 order. Petitioners were promoted as per Ext.P5 order. It is pointed out that even though in Ext.P4 order, the service benefits were granted to those persons from the date of original promotion, in Ext.P5, that was not granted. The petitioners were representing the matter and, ultimately, the impugned order was passed. 6. The learned counsel for the petitioners submitted that the petitioners are serial Nos.1 and 6 in Ext.P5 and already the Deputy Director of Education has passed orders in favour of serial Nos.2 and 3 W.P.(C). No.10216/2006 -:3:- granting benefits. My attention was also invited to Ext.P10 Judgment wherein serial No.2 in Ext.P5, Shri Asees T., is the petitioner. The learned counsel for the petitioners submitted that in Ext.P2 list, the petitioners are serial Nos.19 and 23 whereas serial No.52 one Shri Ambujakshan A.V has also been granted benefit. 7. In Ext.P10 Judgment, in similar circumstances, this Court considered the matter in the light of the orders passed in favour of Shri Ambujakshan A.V and Smt.Santhi M. The Deputy Director of Education, Malappuram as per Order No.A2/27909/06, dated 21/04/2008 regularised the petitioner in W.P.(C). No.21788/2006 and nine others in the category of H.S.A (Malayalam) with effect from the date of their joining as H.S.A (Malayalam). Serial No.1 therein is Shri Ambujakshan A.V. Learned counsel for the petitioners produced for perusal order No.A2/34553/2008 K.Dis, dated 25/02/2009 in favour of Smt.Santhi M. also. Her promotion is also regularised from the date of initial promotion. But the monetary benefits are restricted for the period they have actually worked. In Ext.P10 W.P.(C). No.10216/2006 -:4:- Judgment, after referring to the orders passed in favour of Shri Ambujakshan A.V and Smt.Santhi M., this Court directed the first respondent therein to pass appropriate orders in the light of the orders passed in respect of Smt.Santhi M. and Shri P.K.Padmanabhan. Therefore, the petitioners are also entitled for similar benefits. 8. In that view of the matter, Ext.P9 is quahsed. There will be a direction to the Deputy Director of Education to pass fresh orders in the light of the orders passed in favour of Smt.Santhi M. as well as Shri Ambujakshan A.V (Orders No.A2/27909/06, dated 21/04/2008 and No.A2/34553/2008 K.Dis, dated 25/02/2009). Appropriate orders will be passed granting the eligible similar benefits within a period of two months from the date of receipt of a copy of this Judgment. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms