IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 WP(C).No. 20431 of 2009(Y) -------------------------- PETITIONER(S): --------------- HELENAMMA ANDREWS, NON VOCATIONA TEACHER IN COMMERCE, GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, CHALAKKUDY, THRISSUR DISTRICT. BY ADV. SRI.ELVIN PETER P.J. RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF VOCATIONAL HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM. 3. THE PRINCIPAL, GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, CHALAKKUDY, THRISSUR DISTRICT. 4. THE PRINCIPAL, S.R.V.GOVT.VOCATIONAL HIGHER SECONDARY SCHOOL, ERNAKULAM. GOVERNMENT PLEADER SRI.SANDESH RAJA R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/02/2010, ALONG WITH WPC NO. 20926 OF 2009 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).Nos.20431 & 20926 of 2009 ================== Dated this the 18th day of February, 2010 J U D G M E N T In these writ petitions, the petitioners are members of the ministerial staff of the Vocational Higher Secondary Education Department, who were provisionally appointed as Non Vocational Teachers under 9(a)(i)(v) the KS&SSR. Subsequently, they were regularly appointed as Non Vocational Teachers on selection by the PSC for the post. The petitioners' grievance in these writ petitions is that while they were provisionally holding the post of Non Vocational Teachers, they were not being paid salary due to them in the scale of pay applicable to Non Vocational Teachers. According to them, by virtue of the proviso to Rule 9(a)(i)(v) of the KS&SSR, the petitioners are entitled to have their salary fixed in the scale of pay applicable to Non Vocational Teachers, which has been denied to them. The question as to whether provisionally appointed Non Vocational Teachers are entitled to salary in the scale of pay applicable to Non Vocational Teachers has been decided by me in W.P.(C).No.9780/2008, in favour of the teachers. Accordingly, these writ petitions are disposed of in terms of the judgment in W.P.(C).No.9780/2008 with a further direction that if they are entitled to any benefit reckoning their provisional appointment, for fixation of pay on regular appointment, consequential benefits shall given to the petitioners. Sd/- sdk+ S.SIRI JAGAN, JUDGE The words “Non Vocational Teachers” occurring in lines 3, 5, 7, 9 and 12th paragraph 1 and in lines 1, 2 and 3 of paragraph 2 of the common judgment dated 18.2.1010 in W.P.(C).Nos.20431/2009 and 20926/2009 are substituted by the words, “Vocational Teachers” vide order dated 15.3.2010 in I.A.No.3468/2010. Sd/- Joint Registrar 2 ///True copy/// P.A. to Judge