IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 3RD JUNE 2011 / 13TH JYAISHTA 1933 WP(C).No. 33905 of 2010(K) --------------------------------------- PETITIONER(S): ---------------------- K.C.SANTHA KUNJU,PART TIME TEACHER (CRAFT) NMUP SCHOOL,KALLAI, KOZHIKODE DISTRICT. BY ADVS. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.T.R.SADEESAN SRI.T.S.SHYAM PRASANTH RESPONDENT(S): ------------------------ 1. STATE OF KERALA , REP.BY SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT, GOVT.SECRETARIAT,TRIVANDRUM 695 001. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE 673 001. R1 & R2 BY GOVERNMENT PLEADER SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.33905/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE GOVERNMENT ORDER DTD. 31.12.2009 ISSUED BY THE IST RESPONDENT. P2:- COPY OF THE JUDGMENT DTD. 5.3.2010 IN WPC. 7090/2010. P3:- COPY OF THE GOVERNMENT ORDER DTD. 27.8.2010 ISSUED BY THE IST RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.33905 Of 2010 ----------------------------------------------------- DATED THIS THE 3rd DAY OF JUNE, 2011 J U D G M E N T The non-granting of full time benefit from the date of Exhibit P1 order is the only grievance raised by the petitioner herein. 2. The petitioner was appointed as a part time Craft Teacher in N.M.U.P.School, Kallayi on 3.10.1983. During various spells, the appointments were approved. 3. The Government considered the grant of full time benefit to part time specialist teachers and passed an order to that effect as per Exhibit P1 dated 31.12.2009. The benefit was granted to part time specialist teachers who have completed a minimum of 15 years of service. Since the petitioner had 26 years of service, the petitioner was also eligible to be included therein. In Exhibit P1, the petitioner's name was not included. It is submitted that it is an omission. Therefore the petitioner again filed a representation and as no action was taken on the same, by Exhibit P2 judgment, this Court directed the Government to W.P.(C)No.33905/10 -2- pass orders on the representation. Finally, the Government by Exhibit P3 order granted full time benefit to the petitioner also. But it was made clear that the same is granted only from the date of the order, namely, 27.8.2010. 4. The learned counsel for the petitioner submitted that actually the petitioner's name was omitted while passing Exhibit P1 and all the beneficiaries therein have been granted benefit from 31.12.2009 and there is no basis for giving a different treatment to the petitioner. 5. A reading of paragraph No.4 of Exhibit P3 order shows that in respect of 102 specialist teachers orders have been passed as per Exhibit P1 dated 31.12.2009 and benefits were granted to them from the said date and the petitioner's name was omitted to be included. 6. Since it is found in Exhibit P3 also that the petitioner's name was omitted to be included in Exhibit P1, there are evidently no distinguishing factors as far as the petitioner is concerned. The benefit is granted to all part time teachers who have minimum service of 15 years, which stood satisfied in the case of the petitioner also and there is no dispute regarding that W.P.(C)No.33905/10 -3- also. After having found that her name was omitted to be included in Exhibit P1, a further rider restricting to limit the benefits only from the date of Exhibit P3 cannot be supported. It will amount to discrimination. Therefore, the Writ Petition is allowed. Exhibit P3 is quashed to the extent to which the benefit is granted to the petitioner only from the date of the said order. It is declared that the petitioner is entitled for full time benefit from 31.12.2009 and appropriate consequential orders will be passed and monetary benefits also will be disbursed to the petitioner within a period of three months from the date of receipt of a copy of this judgment. No costs. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn