IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 18TH AUGUST 2011 / 27TH SRAVANA 1933 WP(C).No. 5313 of 2011(L) ------------------------- PETITIONER(S): --------------- 1. M.S.RAJKUMAR,CLERK,K.R.K.P.M.V.H.S.S., KADAMBANAD,KADAMBANAD SOUTH.P.O,PATHANAMTHITTA DISTRICT. 2. JINAN.A.J,CLERK,S.N.V.H.S.S., SREEKANDESWARAM,POOCHAKKAL.P.O, ALAPPUZHA DISTRICT. 3. JAYAPRAKASH.P.,CLERK,P.V.M.V.H.S.S., PALLICKAL,NOORANAD.P.O,PATHANAMTHITTA DISTRICT. 4. KRISHNAKUMAR.B,CLERK,V.H.S.S.,CHATIYARA, THAMARAKKULAM.P.O,ALAPPUZHA DISTRICT. 5. MANOJKUMAR.V,CLERK,V.H.S.S,KUZHICKAL EDAVAKA,KOLLAM. 6. KRISHNANAND.R.S,CLERK,MULAMANA V.H.S.S., ANAKUDY,VAMANAPURAM. 7. AJAYAKUMAR.R,CLERK,I.G.M.V.H.S.S., MANJAKKALA,MANJAKKALA.P.O. 8. K.R.HARISH,CLERK,E.V.H.S.S,ELAMANNOOR, ADOOR. 9. JUSTIN,CLERK,V.H.S.S,KUMBAZHA, KUMBAZHA.P.O.689653. 10. KRISHNAKUMAR NAMBOOTHIRI,CLERK, SREEKRISHNA V.H.S.S,KURICHITHANAM.P.O, KOTTAYAM-685634. 11. PUSHPAKUMARI.P.K,CLERK,VANDEMATHARAM V.H.S.S,VELLYANNOOR,KOTTAYAM. 12. M.G.SUNILKRISHNAN,CLERK,V.H.S.S, KALLISSERI,CHENGANNOORE. 13. B.VELAYUDHAN THAMPI,CLERK,V.H.S.S, MUTHUKULAM, MUTHUKULAM SOUTH.P.O. BY ADV. SMT.S.KARTHIKA SRI.M.S.UNNIKRISHNAN SRI.M.R.ANISON SMT.K.P.GEETHA MANI SRI.P.N.APPUKUTTAN SMT.P.A.RINUSA RESPONDENT(S): --------------- 1. STATE OF KERALA,REP.BY ITS SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT, GOVT.SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR,VOCATIONAL HIGHER SECONDARY EDUCATION,TRIVANDRUM. GOVERNMENT PLEADER SMT. NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 5313 of 2011(L) APPENDIX PETITIONERS' EXHIBITS: EXT.P1 COPY OF G.O(MS)502/95 EDN. DATED 6.10.1995. EXT.P2 COPY OF GO (RT) NO.2802/96/G.EDN DTD 31.8.1996. EXT.P3 COPY OF G.O.(MS)124/07/G.EDN DATED 23.6.2007. EXT.P4 COPY OF G.O.(P) 22/1963/PD DATED 14.1.1963. EXT.P5 COPY OF G.O.(MS)16/10/G/EDN DATED 18.1.2010. EXT.P6 COPY OF THE LETTER DATED 9.11.2009 ISSUED BY R1. EXT.P7 COPY OF THE LETTER DATED 5.2.2010 ISSUED BY R2. EXT.P8 COPY OF THE LETTER DATED 6.12.2010 ISSUED BY R1. EXT.P9 COPY OF THE JUDGMENT DATED 15.12.1999 IN O.P.NO.23260/1999. EXT.10 COPY OF THE LETTER DATED 13.12.2000 ISSUED BY R1. /TRUE COPY/ P.A. TO JUDGE. cl T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.5313 Of 2011-L -------------------------------------------------- DATED THIS THE 18th DAY OF AUGUST, 2011 J U D G M E N T The petitioners herein are working as Clerks in various aided Vocational Higher Secondary Schools in the State. They entered service as Clerks on different dates shown in paragraph No.1 of the Writ Petition. Their appointments have been approved and all of them have completed their probation in the cadre post also. 2. Exhibit P1 is the order by which the post of L.D.Clerks have been sanctioned in aided Vocational Higher Secondary Schools apart from certain other posts. 3. The scale of pay sanctioned as per Exhibit P1 is Rs.950- 1500. The same has been revised from time to time based on the pay revision orders. 4. The grievance raised is with regard to the non-sanctioning of increments as well as grade promotion benefits which are enjoyed by Clerks working in Government Vocational Higher Secondary Schools. 5. Exhibit P2 is the order by which the Government specified that service conditions of the staff have to be governed by the Kerala Service Rules pending finalisation of their service rules. Exhibit P3 W.P.(C)No. 5313/11 -2- shows that the Government extended Kerala Vocational Higher Secondary Education Subordinate Service Rules to aided sector also. Therein the post of Clerk has not been introduced. 6. Exhibit P4 is the order by which ministerial staff of different offices of the State Government are required to acquire certain test qualifications including Manual of Office Procedure (MOP) during the period of probation. Exhibit P5 is the order by which exemption has been granted to all the Clerks appointed in various aided schools, prior to 29.7.2006, from passing the test qualifications. 7. According to the petitioners, they are being denied various benefits on the plea that benefits could be disbursed only if they acquire the test qualification prescribed for LD Clerks in Government service. Even though they submitted a representation through the Association, the same was rejected as per Exhibit P6. Further representation filed by the petitioners was also rejected as per Exhibit P8 communication. It is the case of the petitioner that the very same issue has been considered by this Court in Exhibit P9 judgment and therefore the declaration of law made by this Court will make Exhibits P6 and P8 invalid. Exhibit P10 is the further letter from the Government stating that as there is no amendment to the special rules, the position declared by this Court in Exhibit P9 will continue. W.P.(C)No. 5313/11 -3- 8. On behalf of the 2nd respondent, a counter affidavit has been filed. The stand taken therein appears to be that all the service conditions which are applicable to Clerks in the Government Sector will have to be followed by the Clerks in the aided sector also. Accordingly it is made clear that passing of MOP is required. 9. The learned counsel for the petitioner invited my attention to various documents to contend that as far as aided sector is concerned, no orders have been implemented making it obligatory for LD clerks to pass MOP. It is further pointed out that the declaration made by this Court in Exhibit P9 judgment will also support the plea of the petitioner. Apart from that my attention was invited to the order Exhibit P3 by which special rules have been implemented. But it is further pointed out that none of the provisions therein will help the respondents to deny the benefits to the petitioners. 10. The learned Government Pleader submitted that the extension of the Special Rules will naturally indicate that as far as Clerks in aided sector also are concerned, they will have to undergo all the obligatory tests as prescribed in respect of the Clerks in Government Sector, namely in Government Vocational Higher Secondary Schools. There are express provisions governing the service conditions of Clerks in Government Vocational Higher W.P.(C)No. 5313/11 -4- Secondary Schools. In the light of the above, the learned Government Pleader contended that once the Special Rules have been extended as per Exhibit P3, automatically they will apply and therefore the position has undergone a change after Exhibit P9 judgment has been rendered by this Court. 11. In Exhibit P9 judgment a similar issue was considered by this Court. Therein in paragraph No.2 after referring to the contentions it was held as follows: “.....It is strange to notice that no rule or order has been cited, prescribing M.O.P. as obligatory test for satisfactory declaration of probation of Lower Division Clerks in Vocational Higher Secondary Schools. Since no special rules have been prescribed, it is impossible for prescription of test qualification during the period of probation. The rule in K.S.R. cited need not help the respondent.” 12. Ultimately, this Court declared that the petitioner therein is entitled for all the benefits and a direction was issued to pay the salary on the basis of the increments already granted. 13. To examine whether there is any change after Exhibit P9 judgment as far as the system is concerned, a reference to Exhibit P3 and Exhibit P7, a letter by the Director will be of advantage. Exhibit P3 only says that the Special Rules stand extended as far as Vocational Higher Secondary Schools in the aided sector are concerned. It is not as if any of the provisions of the Special Rules govern the present field. W.P.(C)No. 5313/11 -5- Therefore in the absence of anything in the Special Rules, it cannot be said that automatically the provisions applicable to the Government Sector are squarely to be applied in the case of L.D.Clerks in aided sector. No other Government Order has been relied upon by the respondents in the counter affidavit to show that as far as the Clerks in aided Vocational Higher Secondary Schools are concerned, passing of MOP has been in insisted. 14. Exhibit P5 is a Government Order which applies to aided sector Clerks, in the matter of exemption from passing departmental tests. 15. Evidently, in the absence of any Government Orders in the matter, it cannot be insisted that the orders issued in respect of Government Vocational Higher Secondary Schools are applicable to Clerks in the Vocational Higher Secondary Schools in the aided sector. Therefore the declaration of law made by this Court in Exhibit P9 judgment governs the field now and hence the stand of the respondents cannot be accepted. 16. In that view of the matter, the petitioners are entitled to succeed in the Writ Petition. Exhibits P6 and P8 are therefore quashed. There will be a declaration as prayed for. There will be a direction to the respondents to grant monetary benefits like W.P.(C)No. 5313/11 -6- increments, allowances as well as higher grade benefits in terms of the various Government Orders to the petitioners and appropriate orders will be passed extending the same within a period of three months from the date of receipt of a copy of this judgment. The Writ Petition is allowed as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn