IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 WP(C).No. 30610 of 2010(A) -------------------------- PETITIONER(S): --------------- 1. TOMY ANTONY, H.S.A., ST.ANTONY'S HIGH SCHOOL, KUNINJI, KUNINJI.P.O., VAZHITHALA-VIA, THODUPUZHA, IDUKKI DISTRICT. 2. GEORGE MATHEW, H.S.A., ST.AUGUSTINE'S HIGHER SECONDARY SCHOOL, KALLOORKAD, MUVATTUPUZHA, ERNAKULAM DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY TO GOVERNMENT, DEPT. OF GENERAL EDUCATION, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-1. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-1. 3. THE DISTRICT EDUCATIONAL OFFICER, THODUPUZHA, THODUPUZHA.P.O., IDUKKI-685584. 4. THE DISTRICT EDUCATIONAL OFFICER, MUVATTUPUZHA, ERNAKULAM, PIN-686673. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.30610 of 2010 --------------------------------------------- Dated this the 20th day of October, 2010 JUDGMENT The case of the petitioners is the following : The first petitioner joined in service as primary school teacher on 4.6.1987 and he was promoted as High School Assistant on 5.6.2006. The second petitioner joined in service on 3.6.1985 as LPSA and he was promoted as HSA on 5.6.2006. The petitioners are working in the schools under the same corporate management. It is pointed out that Philomina Mathew, Jessy Luice and Kochurani, who joined later in service, and who are working in the schools under the same corporate management as primary school teachers, are getting more salary than the salary drawn by the petitioners. Pointing out this anomaly and praying for rectifying the same, the petitioners approached the District Educational Officer, who rejected their request. The petitioners filed appeals before the Deputy Director of Education, who dismissed the appeals as per Exhibits P8(a) and P10 orders respectively in the case of the petitioners 1 and 2. Aggrieved by WP(C) No.30610/2010 2 the orders passed by the Deputy Director, the first petitioner has filed Exhibit P9 revision and the second petitioner has filed Exhibit P11 revision before the first respondent. Exhibits P9 and P11 are pending disposal. 2. The reliefs prayed for in the Writ Petition are the following : “(i) issue a writ of certiorari or any other appropriate writ, order or direction, quashing the operation and all further proceedings in pursuance to Exhibits P8(a) and P10; (ii) issue a writ of mandamus or any other appropriate writ, order or direction, commanding the first respondent to consider and dispose of Exhibits P9 and P11 revision petitioners, forthwith ; (iii) issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents to sanction and disburse higher scale of pay to the petitioners, over and above had they been continued as Primary School Teachers ; WP(C) No.30610/2010 3 (iv) issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents not to reduce the salary and allowances of the petitioners, for the reason of having accepted the promotion to the post of HSA; (v) issue such other writ, order or direction, which may deem fit in the facts and circumstances of the case.” 3. The learned counsel for the petitioners submitted that since Exhibits P9 and P11 are pending disposal, the petitioners would be satisfied for the present, if those revision petitions are directed to be disposed of expeditiously. Accordingly, the Writ Petition is disposed of as follows : (a) The first respondent shall consider and dispose of Exhibits P9 and P11 revisions, as expeditiously as possible and at any rate within a period of three months from the date of receipt of a copy of the WP(C) No.30610/2010 4 judgment, after affording an opportunity of being heard to the petitioners, the Corporate Manager and any other affected party. (b) The petitioners shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. K.T.SANKARAN JUDGE csl