IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 WP(C).No. 7454 of 2007(K) ------------------------------------ PETITIONER(S): ---------------------- 1. CYLO.C.K., AGED 43 YEARS, W/O SANTHOSH, HINDI TEACHER, SREENARAYANA HIGHER SECONDARY SCHOOL, IRINJALAKUDA. 2. SHEENA.E.M, W/O DEVADAS, MALAYALAM TEACHER, -DO- -DO- 3. SWAYAMPRABHA, W/O RAGHUNATH, SANSKRIT TEACHER, -DO- -DO- BY ADV. SRI.RENJITH THAMPAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY, GENERAL EDUCATION(T) DEPARTMENT, THIRUVANANTHAPURAM. 2. DIRECTOR, HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.T.B.REMANI FOR R1, R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO. 7454/2007-K APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER NO.162/98/6 DATED 13/05/98. EXT.P2: COPY OF THE ORDER G.O.(MS)NO.351/2004/G EDN. DATED 20/11/04. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE Rs/ ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 7454 OF 2007 K = = = = = = = = = = = = = = = Dated this the 30th day of October 2008 J U D G M E N T The challenge in this writ petition is against Ext. P1 to the extent, it directs that teachers appointed from General Education Subordinate Service will be treated as appointment by promotion and that they will be Full Time Teachers irrespective of the periods to be taught. 2. Petitioners submit that they were appointed as HSST by direct recruitment in the 75% quota earmarked in Ext. P1, as Part Time on the basis that the periods to be taught were less than 15 in a week. According to the petitioners, there is no reason to confer full time status on those promoted from General Education Subordinate Service and that in the process, the petitioners are discriminated. 3. In my view, petitioners are direct recruits and the beneficiaries of the full time status are promotees and therefore W.P.(C) No. 7454 OF 2007 -2- both of them belong to different classes of employees and for that reason, one cannot plead discrimination as against the other. That apart, all these teachers have now been adjusted against the post of H.S.S.Ts. following the implementation of the special rules with effect from 2001. In addition to all these, none of the teachers who are likely to be affected if the prayer sought for in the writ petition is granted has been impleaded in this writ petition. For these reasons, I am not satisfied that the petitioners have made out a case for interference. Writ petition fails and is dismissed. ANTONY DOMINIC JUDGE jan/-