IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH WEDNESDAY, THE 26TH NOVEMBER 2008 / 5TH AGRAHAYANA 1930 WP(C).No. 10307 of 2005(B) ----------------------------------------- PETITIONER(S): ------------------------- 1. R.DAISY, HIGHER SECONDARY SCHOOL TEACHER, L.M.S. HIGHER SECONDARY SCHOOL, CHEMBOOR, OTTASEKHARAMANGALAM, TRIVANDRUM. 2. C.DARWIN, HIGHER SECONDARY SCHOOL TEACHER, L.M.S. HIGHER SECONDARY SCHOOL, CHEMBOOR, OTTASEKHARAMANGALAM, TRIVANDRUM. 3. M.A.BIJULAL, HIGHER SECONDARY SCHOOL TEACHER, L.M.S. HIGHER SECONDARY SCHOOL, CHEMBOOR, OTTASEKHARAMANGALAM, TRIVANDRUM. 4. ANITHA SANTHY G.S., HIGHER SECONDARY SCHOOL TEACHER, L.M.S. HIGHER SECONDARY SCHOOL, CHEMBOOR, OTTASEKHARAMANGALAM, TRIVANDRUM. 5. P.DAVID BRIGHT SINGH, HIGHER SECONDARY SCHOOL TEACHER, L.M.S. HIGHER SECONDARY SCHOOL, CHEMBOOR, OTTASEKHARAMANGALAM, TRIVANDRUM. 6. G.RETNA SWAMY, HIGHER SECONDARY SCHOOL TEACHER, L.M.S. HIGHER SECONDARY SCHOOL, CHEMBOOR, OTTASEKHARAMANGALAM, TRIVANDRUM. 7. K.LEKSHMANAN NADAR, HIGHER SECONDARY SCHOOL TEACHER, M.C. HIGHER SECONDARY SCHOOL, KOTTUKALKONAM, KATTACHALKUZHI P.O., TRIVANDRUM. 8. CHANDRASEKHARAN V., HIGHER SECONDARY SCHOOL TEACHER, M.C. HIGHER SECONDARY SCHOOL, KOTTUKALKONAM, KATTACHALKUZHI P.O., TRIVANDRUM. W.P.(C) NO.10307/2005 9. AJIDERSH B.S., HIGHER SECONDARY SCHOOL TEACHER, M.C. HIGHER SECONDARY SCHOOL, KOTTUKALKONAM, KATTACHALKUZHI P.O., TRIVANDRUM. 10. SIMI SOMAN, HIGHER SECONDARY SCHOOL TEACHER, M.C. HIGHER SECONDARY SCHOOL, KOTTUKALKONAM, KATTACHALKUZHI P.O., TRIVANDRUM. 11. SRIKUKMARI S.S., HIGHER SECONDARY SCHOOL TEACHER, M.C. HIGHER SECONDARY SCHOOL, KOTTUKALKONAM, KATTACHALKUZHI P.O., TRIVANDRUM. 12. NIJA JULIAN, HIGHER SECONODARY SCHOOL TEACHER, ST.MARY'S HIGHER SECONDARY SCHOOL, VIZHINJAM, TRIVANDRUM. 13. ROBERT JOE MICHAEL, HIGHER SECONDARY SCHOOL, ST.MARY'S HIGHER SECONDARY SCHOOL, VIZHINJAM, TRIVANDRUM. 14. BUELA PRAKASH, P.K.S. HIGHER SECONDARY SCHOOL, KANJIRAMKULAM, TRIVANDRUM DISTRICT. BY ADV. SRI.K.T.SHYAMKUMAR RESPONDENT(S): ------------------------- 1. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, TRIVANDRUM. 2. THE DISTRICT EDUCATION OFFICER, NEYYATTINKARA, TRIVANDRUM DISTRICT. 3. THE PRINCIPAL, L.M.S. HIGHER SECONDARY SCHOOL, CHEMBOOR, OTTASEKHARAMANGALAM, TRIVANDRUM. 4. THE PRINCIPAL, M.C. HIGHER SECONDARY SCHOOL, KOTTUKALKONAM, KATTACHALKUZHI P.O., TRIVANDRUM. 5. THE PRINCIPAL, ST.MARY'S HIGHER SECONDARY SCHOOL, VIZHINJAM, TRIVANDRUM. 6. THE PRINCIPAL, P.K.S. HIGHER SECONDARY SCHOOL, KANJIRAMKULAM, TRIVANDRUM DISTRICT. GOVERNMENT PLEADER SRI.NOBLE MATHEW FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.10307/2005 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE GO(RT) 4528.03 G.EDN. DT. 5.11.03. P2:- COPY OF THE CIRCULAT DT. 30.4.04 ISSUED BY THE IST RESPONDENT. P3:- COPY OF THE CIRCULAR DT. 2.2.05 ISSUED BY THE 2ND RESPONDENT. P4:- COPY OF THE G.O.(MS) NO.353/04/G.EDN. DT. 25.11.04. P5:- COPY OF THE INTERIM ORDER DT. 16.3.05 IN WPC. NO.8253/05. P6:- COPY OF THE LETTER DT. 29.3.05 ISSUED BY THE 5TH RESPONDENT TO THE 12TH PETITIONER. P7:- COPY OF THE LETTER DT. 29.3.05 ISSUED BY THE 5TH RESPONDENT TO THE 13TH PETITIONER. /TRUE COPY/ P.S. TO JUDGE tss KURIAN JOSEPH, J. ----------------------------------------- W.P(C) No.10307 of 2005 ----------------------------------------- Dated this the 26th day of November, 2008 JUDGMENT Petitioners approached this court with certain grievances regarding their claim for counting their service from the date of their respective appointments for the purpose of increment and other service benefits. In view of the decision of this court in State of Kerala v. Daisy, 2007(2) KLT SN 1, and the government order issued in that regard, in case the petitioners have still any grievance left, they may produce a copy of this judgment along with a copy of the judgment referred to above before the concerned Deputy Director in which case appropriate action in the light of the judgment and the government order referred to above shall be taken within another two months. The writ petition is disposed of as above. (KURIAN JOSEPH, JUDGE) ahg. KURIAN JOSEPH, J. ----------------------------------- W.P(C).No.10307 of 2005 ----------------------------------- JUDGMENT 26th November, 2008