IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 WP(C).No. 40735 of 2003(Y) -------------------------- PETITIONER: --------------- MINI KUMARI C.K., LECTURER IN VHSE(MOBE), H.C.H.M.K.M.V.HSS, VALLAKADAVU, THIRUVANANTHAPURAM. BY ADV. SRI.BENOY THOMAS RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF VOCATIONAL HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, THIRUVANANTHAPURAM-1. 3. THE PRINCIPAL, H.C.H.M.K.M.V. HIGHER SECONDARY SCHOOL, VALLAKKADAVU, THIRUVANANTHAPURAM. BY GOVT.PLEADER SMT.NISHA BOSE FOR R1& R2. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.40735/03 PETITIONER'S EXTS: EXT.P1 SERIES: COPIES OF APPOINTMENT ORDERS OF THE PETITIONERI N THE GOVT.SCHOOL DT.16.8.89, 2.3.90,9.8.90, 8.2.91 AND 18.6.91. EXT.P2: COPY OF LETTER DT.11.1.2002 ISSUED BY GOVT.SECRETARY TO DIRECTORATE OF VHSE. EXT.P3: COPY OF REPRESENTATION OF THE PETITIONER TO THE DIRECTOR OF VHSE DATED 'NIL'. EXT.P4: COPOY OF ORDER DT.2.5.03 NO.L1/4001/02 OF THE ASST.DIRECTOR, RO, VHSE, KOLLAM. EXT.P4(A): COPY OF ORDER OF RO, VHSE, KOLLAM, NO,.L1/4001/02 DATED 2.5.03. TRUE COPY P.A.TO JUDGE T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.40735 Of 2003 -------------------------------------------------- DATED THIS THE 29TH DAY OF JULY, 2011 J U D G M E N T This Writ Petition is filed by the petitioner aggrieved by the refusal to grant higher grade after reckoning the service in the Government School. 2. The petitioner is working in the school managed by the 3rd respondent from 2.11.1992. Probation was declared on 2.11.1994. The petitioner had previous service in the same category in the post of Vocational Lecturer in Government Vocational Higher Secondary School. The different appointment orders have been produced as Exhibit P1 series. The total service thus rendered will be one year five months and 17 days and seeking for reckoning the same, she moved the authorities concerned. Finally, the Government by Exhibit P2 communication rejected the same. Again the petitioner filed a representation as per Exhibit P3 which was not accepted as evident from Exhibits P4 and P4(a) proceedings. 3. The reason stated in Exhibit P2 to reject the claim is W.P.(C)No.40735/03 -2- that the regular appointment of the petitioner was in a private Vocational Higher Secondary School. It is pointed out that since the provisional service rendered by the petitioner is outside the purview of Government Decision No.2 under Rule 33 Part I KSR it has not been reckoned for increment on regular appointment. Hence it cannot be reckoned as qualifying service for higher grade also. Going by the legal position, unless the period is reckoned as qualifying service for increment, the same cannot be reckoned for higher grade also. In that view of the matter, I do not find any reason to interfere with Exhibit P2 communication as well as the Proceedings Exhibits P4 and P4(a). Hence the Writ Petition is dismissed. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn