IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 19TH SEPTEMBER 2007 / 28TH BHADRA 1929 OP.No. 24632 of 2000(G) ---------------------------- PETITIONERS: --------------- 1. K. SAROJINI, AGED 51 YEARS, 'SOUPARNIKA', ERAVIL, (POST) PILICODE, P.D.TEACHER, GOVERNMENT U.P.SCHOOL, CHERUVATHUR. 2. K.V.SARADA, AGED 49 YEARS, 'PRABHA NIVAS', (POST) KILAYIKOTE, P.D.TEACHER, GOVERNMENT U.P.SCHOOL, MUZHAKOTH. 3. C.RAMACHANDRAN, AGED 53 YEARS, P.D.TEACHER, GOVERNMENT U.P.SCHOOL, NALILAKANDAM, 'SREE SANKARA', ALANTHATTA, (PO) VALIAPOIL, KASARGOD – 671313. BY ADV. SRI.P.V.MOHANAN SRI.B.S.SIVAJI RESPONDENTS: ----------------- 1. THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD. 2. THE STATE OF KERALA REPRESENTED BY SECRETARY, FINANCE DEPARTMENT, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 19/09/2007, THE COURT ON 19/09/2007 DELIVERED THE FOLLOWING: APPENDIX (OP NO.24632 OF 2000) PETITIONER'S EXHIBITS: Ext.P1: Copy of Govt.Order dtd.17.6.99. Ext.P2: Copy of Fixation Statement of the 1st petitioner. Ext.P3: Copy of Fixation Statement of the 2nd petitioner. Ext.P4: Copy of Fixation Statement of the 3rd petitioner. Ext.P5: Copy of the proceedings dtd.9.11.1999. -True Copy- P.A.to Judge. S. SIRI JAGAN, J. ------------------------------------ OP No. 24632 of 2000 - G ------------------------------------- Dated this the 19th day of September, 2007 J U D G M E N T The petitioners in this original petition had prior service as P.D.Teachers in aided schools prior to their joining Government service as P.D.Teachers. They seek reckoning of their service in the private aided schools for the purpose of service benefits in the Government School. This question was specifically considered by a Division Bench of this Court in O.P.No.322 of 2001 and this Court negatived similar claim. 2. Accordingly, following the said judgment, this original petition is dismissed. However, I find that in the said Division Bench decision, the petitioners in that case were given liberty to make representations to the Government to make a special provision for them in the absence of any provision in the existing rules. The petitioners would also be entitled to make similar representations for appropriate reliefs. S. SIRI JAGAN, Mbs/ Judge S.SIRI JAGAN, J. -------------------------------------------- O.P. NO. 24632 OF 2000 -------------------------------------------- J U D G M E N T DATED:19-09-2007