IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932 WP(C).No. 22380 of 2008(L) -------------------------- PETITIONER: ----------------- GEORGE VARGHESE, HIGHER SECONDARY SCHOOL TEACHER (ZOOLOGY), SREE VIVEKANANDA HIGHER SECONDARY SCHOOL, PALEMAD, MALAPPURAM DISTRICT. BY ADVS. DR.GEORGE ABRAHAM SRI.T.SREEKANTAN RESPONDENT(S): ------------------------- 1. DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM - 33. 2. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 3. REGIONAL DEPUTY DIRECTOR, DIRECTORATE OF HIGHER SECONDARY EDUCATION, REGIONAL OFFICE, CALICUT. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 22380 of 2008(L) ----------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS -------------------------------------- EXT.P1. COPY JUDGMENT DATED 30.3.99 IN OP NO.11408/95 EXT.P2. COPY OF GENERAL ORDER G.O. 351/04. EDN DATED 20.11.2004 EXT.P3. COPY OF JUDGMENT IN W.P.(C) NO.30584 DATED 31.7.2006. EXT.P4. COPY OF G.O. (RT) NO.881/2007/G.EDN. DATED 26.2.2007. EXT.P5. COPY of the ORDER NO.A5/3743/07 DATED 26.11.2007 ISSUED BY THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, REGIONAL OFFICE, CALICUT. EXT.P6. COPY OF REPRESENTATION DATED 12.12.2007 FILED BY PETITIONER BEFORE THE GOVERNMENT. RESPONDENT'S EXHIBITS : NIL ---------------------------------------- / TRUE COPY / P.A. TO JUDGE VK T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.22380 OF 2008 --------------------------------------- Dated this the 21th day of March, 2011. J U D G M E N T The petitioner is working as Higher Secondary School Teacher in the Sree Vivekananda Higher Secondary School in Malappuram District. The petitioner was appointed in the year 1991 and the appointment is approved only as HSST part time upto 1998 and thereafter as HSST (senior). The limitation was made in the light of the non availability of periods above 15. 2. Learned counsel for the petitioner submitted that the petitioner moved the Government but the Government granted the benefit only from 01.06.1995 which is evident from Ext.P5 order. It is pointed out that by a later order passed by the Government as G.O.(MS)No.169/2009/G.Edn. dated 19.08.2009, certain benefits have been granted to which the petitioner is also eligible. Reliance is also placed on the decision of this Court in Sangeetha vs. State of Kerala (2010 (1) KLT 612). It is prayed that in the light of the above, Government may be W.P.(C) No.22380/2008 2 directed to reconsider the matter. The Government Order dated 19.08.2009 reads thus: “....... In view of the above facts and circumstances Government are pleased to sanction the scale of pay applicable to the Part Time Higher Secondary School Teachers who were appointed on a consolidated pay of Rs.1000/- during 1990-1995 w.e.f.07.04.1992 or from the date of their approval whichever is later. The mode of payment of arrear salary will be done as in the case of the Full Time Higher Secondary School Teachers”. In the light of the above, if the petitioner files a detailed representation seeking the benefit of the Government Order dated 19.08.2009 and the judgment in Sangeetha vs. State of Kerala (2010 (1) KLT 612), the same will be considered by the Government and appropriate orders will be passed after hearing the petitioner within a period of four months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp