IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 5TH APRIL 2010 / 15TH CHAITHRA 1932 WP(C).No. 15565 of 2006(C) -------------------------- PETITIONER(S): ----------------------- 1. P.V. JACOB, H.S.S.T(ECONOMICS), ST.MARY'S H.S.S. MORAKKALA, ERNAKULAM, RESIDING AT PLACHERIL, MOOKKANNUR P.O., ERNAKULAM DISTRICT. 2. SUNNY PAUL, PRINCIPAL, ST.MARY'S H.S.S., MORAKKALA, ERNAKULAM, RESIDING AT PANACKAL HOUSE, KUMARAPURAM P.O., ERNAKULAM DISTRICT. 3. MARY VARGHESE, H.S.S.T. (BOTANY), ST. MARY'S H.S.S., MORAKKALA, ERNAKULAM, RESIDING AT PUTHIYAMADAM HOUSE, KIZHAKKAMBALAM P.O., ERNAKULAM. 4. BINDU C.MANI, H.S.S.T. (MALAYALAM), ST. MARY'S H.S.S.,MORAKKALA, ERNAKULAM, RESIDING AT PADINJAKKARA HOUSE, PERINGOLE, KOLENCHERRY, ERNAKULAM. 5. LEENA ABRAHAM, H.S.S.T. (HINDI), ST.MARY'S H.S.S.,MORAKKALA, ERNAKULAM, RESIDING AT ALIYATTUKUDY HOUSE, ALLAPARA P.O., PERUMBAVOOR. 6. PREETHA J.PALLIPURAM, H.S.S.T. (ZOOLOGY), ST. MARY'S H.S.S., MORAKKALA, ERNAKULAM, RESIDING AT CHEMMALA HOUSE, THAMARACHAL, ERNAKULAM DISTRICT. 7. PAULOSE P.K., H.S.S.T. (HISTORY), MAR ELIAS H.S.S.,KOTTAPPADY, RESIDING AT PUTHENPURACKAL HOUSE, VALAYANCHIRANGARA P.O., PERUMBAVOOR. W.P.(C) No.15565 of 2006 8. VIJU P., H.S.S.T. (POLITICAL SCIENCE), MAR ELIAS H.S.S., KOTTAPPADY, RESIDING AT PLAVIDAYIL HOUSE, RAMAMANGALAM P.O., MUVATTUPUZHA. 9. BINDU GEORGE, H.S.S.T (ECONOMICS), MAR ELIAS H.S.S., KOTTAPPADY, RESIDING AT THOTTUPPURAM HOUSE, MUDAVOOR P.O., MUVATTUPUZHA. 10. BINDU MOL P.KURIAKOSE, H.S.S.T. (SOCIOLOGY), MAR ELIAS H.S.S.,KOTTAPPADY, RESIDING AT PALLIMOTEL HOUSE, PUTHUPPADY P.O., MUVATTUPUZHA. 11. JOSE P.D., H.S.S.T (ECONOMICS), ST.STEPHAN'S, H.S.S., KEERAMPARA, RESIDING AT PALLIYAN HOUSE, PADUVAPURAM P.O., ERNAKULAM DISTRICT. 12. SHERLY PAUL, H.S.S.T (BOTANY), ST.STEPHAN'S H.S.S.,KEERAMPARA, RESIDING AT PANTHAPILLIL HOUSE, CHELAD P.O. 13. YELDHOSE P.V., H.S.S.T. (ZOOLOGY), ST.STEPHAN'S H.S.S.,KEERAMPARA RESIDING AT PARANAMOTEL, PANACHIYAM, NEELUNGRAP. 14. BINU JOSEPH, H.S.S.T. (COMPUTER SCIENCE), ST. IGNATIOUS H.S.S., KANJIRAMATTOM, RESIDING AT AUZHIYELIL HOUSE, PERUMPILLY P.O., MULAMTHURUTHY. 15. NEETHU JOSEPH, H.S.S.T., ST. IGNATIOUS H.S.S., KANJIRAMATTOM, RESIDING AT PUNNACHALIL HOUSE, KANJIRAMATTOM P.O. 16. JINEY SUZAN KURIAN, H.S.S.T., ST.IGNATIOUS H.S.S., KANJIRAMATTOM, RESIDINGA T PALAKKATTU HOUSE, PERUMPILLY P.O., MULAMTHURUTHY. W.P.(C) No.15565 of 2006 17. PHINCY GEORGE, H.S.S.T., ST. IGNATIOUS H.S.S., KANJIRAMATTOM, RESIDING AT KOKKAPURAM HOUSE, MARANGATTUPILLY, KOTTAYAM. 18. SABU THOMAS, H.S.S.T. (ECONOMICS), FR.JOSEPH MEMORIYAL H.S.S., PUTHUPPADY. 19. THOMAS MATHEW, H.S.S.T. (ECONOMICS), MAR BASIL H.S.S., KOTHAMANGALAM. 20. FRANCIS K.P., H.S.S.T. (HISTORY), S.A.M. H.S.S., CHERAI. BY ADV. MR.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI MR.BRIJESH MOHAN SMT.DHANYA CHANDRAN RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.T.B.REMANI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: JVT W.P.(C) No.15565 of 2006 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of the proceedings of the 1st respondent No.C2/3047/HSE/99 dated 23.8.1999. Ext.P2 :- Copy of the proceedings of the 1st respondent No.A1/14780/HSE/2001 dated 22.6.2002. Ext.P3 :- Copy of the Circular No.C1/13486/HSE dated 14.7.1999 issued by the Joint Director (Academic). Ext.P4 :- Copy of G.O(Ms) No.351/2004/G.Edn. Dated 20.11.2004 issued by the 1st respondent. Ext.P5 :- Copy of order No.Acd.A1/19340/03/HSE dated 16.6.2005. Respondent's Exhibits :- NIL //True Copy// P.A. To Judge S.SIRI JAGAN, J. ---------------------- WP(C) No.15565 of 2006 ------------------------------------------- Dated this the 5th day of April 2010 J U D G M E N T The petitioners are Higher Secondary School Teachers in aided Higher Secondary School, who were appointed by direct recruitment. Their grievance in this writ petition is that they are entitled to parity in the matter of scale of pay with Higher Secondary School Teachers appointed by transfer from school teachers in the 25% vacancy reserved for them. They would submit that in view of the decision of this court in Sangeetha Vs State of Kerala [2010 (1) KHC 447], petitioners are entitled to the said benefit. Petitioners therefore seek the following reliefs. "(i) Delare that the Higher Secondary School Teachers like the petitioners appointed by direct recruitment in aided Higher Secondary Schools before the introduction of Chapter XXXII of KER will be entitled to the benefit of Exts.P4 and P5 granting the Full Time scale of pay. (ii) Issue a writ of mandamus or other appropriate writ, order or direction, directing the respondents to grant Full Time scale of pay of Rs.6675-10550 with effect from 24.8.1998 to the petitioners extending the benefit of Exts.P4 and P5 with all consequential benefits including the arrears of salary and higher grade on completion of 8 years. (iii) Declare that denial of benefit of Ext.P4 and P5 to Higher Secondary School Teachers appointed by direct recruitment in aided Higher Secondary Schools alone is arbitrary, discriminatory and thereby illegal and unconstitutional. (iv) Direct the respondents to sanction higher grade on completion of 8 years to the petitioners fixing their salary in the scale of pay or Rs.6675-10550 with effect from 24.8.1998." It is not disputed before me by the learned Government Pleader that the case of the petitioners are covered by the decision in Sangeetha's case (supra). In the above circumstances this writ petition is allowed in terms of the decision in Sangeetha's case. Benefits arising therefrom shall be disbursed to the petitioners as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment. S.SIRI JAGAN JUDGE DMB