IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 WP(C).No. 23623 of 2011(C) -------------------------------- PETITIONERS: ---------------- 1. SIMI LAZAR, NON VOCATIONAL TEACHER IN GFC (Jr.), GOVT. VOCATIONAL HIGHER SECONDARY SCHOOL, RAMAVARMAPURAM, THRISSUR. 2. EZHUTHACHAN MARY SUSHEELA P., NON VOCATIONAL TEACHER IN GFC (Jr.), GOVT. VOCATIONAL HIGHER SECONDARY SCHOOL, TANUR, MALAPPURAM. 3. ZUHRA K.P., NON VOCATIONAL TEACHER IN GFC (Jr.), GOVT. VOCATIONAL HIGHER SECONDARY SCHOOL, CHELARI, TENHIPPALAM P.O., MALAPPURAM – 673 636. 4. ASMABI P.K., NON VOCATIONAL TEACHER IN GFC (Jr.), GOVT. VOCATIONAL HIGHER SECONDARY SCHOOL, KONDOTTY, MALAPPURAM – 673 648. 5. SUNITHA K., NON VOCATIONAL TEACHER IN GFC (Jr.), TECHNICAL HIGHER SECONDARY SCHOOL/ GOVT. VOCATIONAL HIGHER SECONDARY SCHOOL, MARUTHA ROAD, PALAKKAD. 6. SINDHU.P., NON VOCATIONAL TEACHER IN GFC (Jr.), GOVT. VOCATIONAL HIGHER SECONDARY SCHOOL, PURAMATTAM, PATHANAMTHITTA DISTRICT. WP(C).No. 23623/2011 7. PARVEEN K.T., NON VOCATIONAL TEACHER IN GFC (Jr.), GOVT. VOCATIONAL HIGHER SECONDARY SCHOOL, ARIMBRA, MALAPPURAM DISTRICT. 8. PRIYADARSHINI M., NON VOCATIONAL TEACHER IN GFC (Jr.), GOVT. VOCATIONAL HIGHER SECONDARY SCHOOL, PUTHIYARA, KOZHIKODE DISTRICT. BY ADVS. SMT.SREEDEVI KYLASANATH SMT.SHALEENA RAJAN RESPONDENTS: ------------------ 1. STATE OF KERALA, REP. BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2. THE DIRECTOR, VOCATIONAL HIGHER SECONDARY EDUCATION, DIRECTORATE OF VOCATIONAL HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM – 695 001. BY SRI. V. VIJULAL, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23623/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF PUBLIC SERVICE COMMISSION NOTIFICATION DTD. 26.4.05. EXT. P2 : COPY OF RELEVANT PART OF RANK LIST WHICH CAME INTO FORCE ON 18.12.07. EXT. P3 : COPY OF APPOINTMENT ORDER OF 1ST PETITIONER. EXT. P3(a) : COPY OF APPOINTMENT ORDER OF 2ND PETITIONER. EXT. P3(b) : COPY OF APPOINTMENT ORDER OF 3RD PETITIONER. EXT. P3(c) : COPY OF APPOINTMENT ORDER OF 4TH PETITIONER. EXT. P3(d) : COPY OF APPOINTMENT ORDER OF 5TH PETITIONER. EXT. P3(e) : COPY OF APPOINTMENT ORDER OF 6TH PETITIONER. EXT. P3(f) : COPY OF APPOINTMENT ORDER OF 7TH PETITIONER. EXT. P3(g) : COPY OF APPOINTMENT ORDER OF 8TH PETITIONER. EXT. P4 : COPY OF RELEVANT PART OF ORDER No.E4/22882/08 DTD. 23.4.09 AND 23.5.09. EXT. P4(a) : COPY OF RELEVANT PART OF ORDER No.E4/22882/08 DTD. 23.5.09. EXT. P5 : COPY OF G.O.(Rt) No.3547/09/G.EDN DTD. 19.8.09. EXT. P5(a) : COPY OF INTERIM ORDER DTD. 26.11.09 IN WP(C) 34112/09. EXT. P6 : COPY OF CIRCULAR No.E4/28734/09 DTD. 21.12.09. EXT. P7 : COPY OF RELEVANT PART OF SPECIAL RULES DTD. 12.3.04. EXT. P7(a) : COPY OF G.O.(MS) No.166/10/G.EDN DTD. 18.8.10. EXT. P8 : COPY OF 2ND RESPONDENT'S RETURNED PROPOSAL FOR DECLARATION OF PROBATION AS PREMATURE OF 1ST PETITIONER. WP(C).No. 23623/2011 EXT. P8(a) : COPY OF 2ND RESPONDENT'S RETURNED PROPOSAL FOR DECLARATION OF PROBATION AS PREMATURE OF 2ND PETITIONER. EXT. P8(b) : COPY OF 2ND RESPONDENT'S RETURNED PROPOSAL FOR DECLARATION OF PROBATION AS PREMATURE OF 3RD PETITIONER. EXT. P8(c) : COPY OF 2ND RESPONDENT'S RETURNED PROPOSAL FOR DECLARATION OF PROBATION AS PREMATURE OF 4TH PETITIONER. EXT. P8(d) : COPY OF 2ND RESPONDENT'S RETURNED PROPOSAL FOR DECLARATION OF PROBATION AS PREMATURE OF 5TH PETITIONER. EXT. P8(e) : COPY OF 2ND RESPONDENT'S RETURNED PROPOSAL FOR DECLARATION OF PROBATION AS PREMATURE OF 6TH PETITIONER. EXT. P8(f) : COPY OF 2ND RESPONDENT'S RETURNED PROPOSAL FOR DECLARATION OF PROBATION AS PREMATURE OF 7TH PETITIONER. EXT. P8(g) : COPY OF 2ND RESPONDENT'S RETURNED PROPOSAL FOR DECLARATION OF PROBATION AS PREMATURE OF 8TH PETITIONER. EXT. P9 : COPY OF ORDER DTD. 14.4.11 DECLARING PROBATION OF PETITIONER'S JUNIORS. EXT. P10 : COPY OF COMMON REPRESENTATION DTD. 20.8.11 SUBMITTED BEFORE R1. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.23623 Of 2011 -------------------------------------------------- DATED THIS THE 31st DAY OF AUGUST, 2011 J U D G M E N T All the petitioners herein are working as Non-vocational Teachers in General Foundation Course(Junior). They were appointed during the year 2008 based on a notification issued by the Public Service Commission and accordingly they joined service. Appointments were given in schools having work load of 12 hours per week and also of six hours per week. 2. The Writ Petition is filed as of now seeking for a direction to count the service rendered by them in schools from their initial appointment irrespective of the fact they worked in schools below six hours work load per week. A representation, Exhibit P10 is still pending, which is filed on 20.8.2011. This was necessitated since the 2nd respondent has returned the proposals Exhibit P8 to P8(g) for declaration of probation as premature. 3. The learned Government Pleader submitted that sufficient time will be required for the Government to consider W.P.(C)No.23623/11 -2- the matter as the representation, Exhibit P10, is only a recently filed one. 4. There will be a direction to the Government to take a decision on Exhibit P10 representation, after notice to the petitioners, within a period of six months from the date of receipt of a copy of this judgment. The petitioners will forward a copy of the Writ Petition along with a copy of this judgment to the Government for compliance. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn