IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 2ND DECEMBER 2008 / 11TH AGRAHAYANA 1930 WP(C).No. 18654 of 2008(U) -------------------------- PETITIONER(S): ------------------- SMT.LISSAMMA JOSEPH W/O. BENNY A.B, AGED 40 YEARS, HSST (HINDI) HOLY FAMILY HIGHER SECONDARY SCHOOL, KATTOOR RESIDING AT ARACKAL HOUSE, POLLATHAI P.O. ALAPPUZHA. BY ADV. SRI.JAMES ABRAHAM (VILAYAKATTU) RESPONDENT(S): -------------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT OF KERALA GENERRAL EDUCATION SECRETARIAT, THIRUVANANTHAPURAM 2. DIRECTOR OF HIGHER SECONDARY EDUCATION HOUSING BOARD BUILDING, SANTHI NAGAR THIRUVANANTHAPURAM 3. THE REGIONAL DEPUTY DIRECTOR HIGHER SECONDARY EDUCATION, CORPORATION BUILDING IVTH FLOOR, PALAYAM, THIRUVANANTHAPURAM GOVT.PLEADER SRI.RAVIKRISHNAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.18654/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: A TRUE COPY OF LETTER NO.H2/20/2000 DT 16.8.2000. EXT.P2: A TRUE COPY OF ORDER NO.ACD.C3/18596/HSE/2001 DT 2.8.2002 ISSUED BY THE 2ND RESPONDENT. EXT.P3: A TRUE COPY OF ORDER NO.TRO/6/2006/HSE DTD.20.2.07 ISSUED BY THE 3RD RESPONDENT. EXT.P4: A TRUE COPY OF G.O.(RT) NO.102/04/GL.EDN DT 7.1.2004. EXT.P5: A TRUE COPY OF G.O.(RT) NO.103/05/G.EDN DT 5.1.2005. EXT.P6: TRUE COPY OF THE CERTIFICATE ISSUED DT 6.3.1996. EXT.P7: TRUE COPY OF THE CERTIFICATE ISSUED BY IGNOU DT 31.8.2007. EXT.P8: TRUE COPY OF THE MARKLIST ISSUED BY IGNOU DT 12.11.2007. EXT.P9: A TRUE COPY OF LETTER NO.HSS.NO.03/08 DTD. 26.2.2008. EXT.P10: A TRUE COPY OF ORDER ISSUED BY THE REGISTRAR OF UNIVERSITY OF KERALA,NO.AC.C.1/13346/2006 DTD.28.6.2006. EXT.P11: A TRUE COPY OF THE JUDGMENT DT 10.12.2007 IN W.P.NO.11931/2007. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. ============== W.P.(C) NO. 18654 OF 2008 (U) ==================== Dated this the 2nd day of December, 2008 J U D G M E N T The prayers in this writ petition are the following: (i) Declare that the B.Ed degree acquired by the petitioner from IGNOU is valid qualification for the purpose of approval and regularization of her service as HSST. (ii) Issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents to approve and regularize the appointment of the petitioner as HSST. (iii) Issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents to disburse the salary arrears and other benefits w.e.f. 16/8/2000 i.e., the date of appointment as HSST. 2. The appointment of the petitioner as HSST(Hindi) has not been regularised for the reason that the B.Ed that she has acquired is by correspondence course from Indira Gandhi National Open University. The petitioner refers to Ext.P11, a judgment rendered by this court in an identical case following the judgment in the case of State of Kerala and another v. Suja Kumari and another (2006(1) ILR 431) directing regularisation of the appointment of the petitioner therein. Similarly learned counsel for the petitioner also referred to the judgment in WP(C) No.16189/2008, where in an identically situated case, relief has been WPC 18654/08 :2 : granted. 3. Therefore, following the aforesaid judgments, the writ petition deserves to be allowed and I do so. The respondents are directed to approve and regularise the appointment of the petitioner as HSST effected by Ext.P1 order of appointment. Needless to say that consequential benefits will also be released without delay, within two months. Writ petition is allowed as above. ANTONY DOMINIC, JUDGE Rp