IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 11TH OCTOBER 2011 / 19TH ASWINA 1933 WP(C).No. 26686 of 2011(I) -------------------------- PETITIONER: --------------- MELVIN DAS, H.S.S.T., ST. BERCHMANS HIGHER SECONDARY SCHOOL, CHANGANASSERY-1. BY ADV. SRI.S.MUHAMMED HANEEFF RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS SECRETARY GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-695001. 3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM-686001. 4. THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, ERNAKULAM-682016. 5. THE MANAGER, CORPORATE MANAGEMENT OF SCHOOLS, ARCH DIOCESE OF CHENGANASSERY, CHENGANASSERY-686101. BY GOVT.PLEADER SMT.RANI DIOTHIMA FOR R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WPC.26686/11 PETITIONER(S) EXHIBITS EXT.P1: A TRUE COPY OF THE ORDER NO.C2/2951/HSE/1998 DT. 28-6-1999 OF THE 2ND RESPONDENT. EXT.P2: A TRUE COPY OF THE ORDER NO.ACD/18654/HSE/2001 DT. 4-7-2002 OF THE 2ND RESPONDENT. EXT.P3: A TRUE COPY OF THE GO (MS) NO. 185/2006/G.EDN DT. 26/7/2006 ISSUED BY THE 1ST RESPONDENT. EXT.P4: A TRUE COPY OF THEJUDGEMENT DT. 11-3-2010 IN WPC NO.5956/2010 OF THIS HON'BLE COURT. EXT.P5: A TRUE COPY OF THE COMMUNICATION ISSUED BY THE PRINCIPAL OF ST. JOHN THE BAPTIST'S H.S.S. AND ENDORSEMENT MADE BY THE 4TH RESPONDENT DT. 08-03-2010. EXT.P6: A TRUE COPY OF THE ORDER NO. ACD B1/13179/HSE DT. 14-05-2010 OF THE 2ND RESPONDENT. EXT.P7: A TRUE COPY OF THE REPRESENTATION DT. 25-6-2011 BEFORE THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS :NIL /True Copy/ PA to Judge dsn T.R.RAMACHANDRAN NAIR, J. -------------------------------------------------- W.P.(C)No.26686 of 2011-I -------------------------------------------------- DATED THIS THE 11th DAY OF OCTOBER, 2011 J U D G M E N T The petitioner is presently working as Higher Secondary School Teacher(Sr.) in the school managed by the 5th respondent. 2. The petitioner was initially working as Junior Lecturer in Zoology in the St.Berchman's College, Changanassery. Pursuant to the de-linking of Pre-degree, the petitioner was deployed in terms of various Government Orders to Higher Secondary School and accordingly was appointed from 17.9.1998 against a regular vacancy. The grievance raised by the petitioner herein is about the non-grant of certain benefits including full time scale which are being disbursed to similarly placed teachers. The petitioner had approached this Court earlier filing W.P.(C) No.5956/2010. Therein this Court directed consideration of his claim for pay revision and time bound higher grade. The 2nd respondent was directed to consider the matter and pass appropriate orders. The 2nd respondent therein is the 2nd respondent herein also. Finally, by Exhibit P6 dated 14.5.2010, W.P.(C)No.26686/11 -2- the Director of Higher Secondary Education has forwarded the application along with copy of enclosures to the Government. Thereafter the petitioner has also approached the Government by filing Exhibit P7 representation. It is submitted that no decision has been taken so far by the Government. 3. There will be a direction to the 1st respondent to take a decision on Exhibit P7 application filed by the petitioner, after notice to the petitioner within a period of four months from the date of receipt of a copy of this judgment. The petitioner will forward a copy of the Writ Petition along with a copy of this judgment to the 1st respondent for compliance. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn