IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 WP(C).No. 36115 of 2008(Y) -------------------------- PETITIONERS: --------------- 1. AJI JOSEPH, NON VOCATIONAL TEACHER, ST. PETER'S VOCATIONAL AIDED HIGHER SECONDARY SCHOOL, KOLENCHERRY. 2. USHA THOMAS, NON VOCATIONAL TEACHER IN CHEMISTRY, ST. PETER'S VOCATIONAL AIDED HIGHER SECONDARY SCHOOL, KOLENCHERRY. 3. ROSILY VARGHESE, NON VOCATIONAL TEACHER IN ENGLISH, ST. PETER'S VOCATIONAL AIDED HIGHER SECONDARY SCHOOL, KOLENCHERRY. 4. SHINY GEORGE,NON VOCATIONAL TEACHER IN BIOLOGY, ST. PETER'S VOCATIONAL AIDED HIGHER SECONDARY SCHOOL, KOLENCHERRY 5. RESH PAUL, NON VOCATIONAL TEACHER IN MATHS, ST. PETER'S VOCATIONAL AIDED HIGHER SECONDARY SCHOOL, KOLENCHERRY BY MR.BENOY THOMAS, ADVOCATE RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. DIRECTOR OF VOCATIONAL HIGHER SECONDARY EDUCATION, DIRECTORATE OF VOCATIONAL HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM-1. 3. ASSISTANT DIRECTOR, VHSE, REGIONAL OFFICER, ERNAKULAM. 4. MANAGER, ST.PETER'S VOCATIONAL AIDED HIGHER SECONDARY SCHOOL, KOLENCHERRY. BY MR.GEORGE POONTHOTTAM,ADVOCATE FOR R4 GOVERNMENT PLEADER SMT.T.B.RAMANI FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No.36115/2008 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF RELEVANT PORTION OF GO(P) No.145/06 DATED 25.3.2006. EXT.P2: COPY OF THE PROPOSAL SUBMITTED IN RESPECT OF THE 1ST PETITIONER FOR THE FIRST HIGHER GRADE PROMOTION ON REVISED SCALES AS PER EXT.P1 G.O. EXT.P3: COPIES OF THE PROCEEDINGS OF THE OFFICE OF THE 3RD RESPONDENT REJECTING THE PROPOSALS FOR 1ST HIGHER GRADE PROMOTION ON REVISED SCALES AS PER EXT.P1 G.O. EXT.P3(a): COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 22.5.2006. EXT.P3(b): COPY OF THE PROCEEDINGS OF THE 2ND RESPONDENT DATED 19.8.2006. EXT.P4: COPY OF THE JUDGMENT IN W.P.(C).No.13712/2008 DATED 2.5.2008. EXT.P5: COPY OF THE GO(RT) 4951/08/GEN.EDN.DATED 10.11.2008. EXT.P6: COPY OF THE PROCEEDINGS OF THE GOVT. No,24298 DATED 3/06/2008. EXT.P7: COPY OF THE JUDGMENT IN W.P.(C).No.24424/2007. TRUE COPY P.A.TO JUDGE T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.36115 OF 2008 --------------------------------------- Dated this the 31st day of July, 2009. J U D G M E N T The petitioners are now working as Non Vocational Teachers in the St.Peter's Vocational Aided Higher Secondary School, Kolencherry. This writ petition is filed challenging Exhibit P5 order dated 10.11.2008. The petitioners' request for grant of Time Bound Higher Grade Promotion on completion of eight years of service was rejected by Exhibit P5. 2. The petitioners have produced along with I.A.No.8934 of 2009 Exhibit P7 judgment in W.P.(C) No.24424/2007. The said writ petition was filed by the Vocational Higher Secondary Non Vocational Lecturers' Association and another seeking various reliefs by grant of Higher Grade etc. 3. It is pointed out that in the counter affidavit filed in the said writ petition, the Government admitted that non-vocational teachers post can be considered as entry post for granting the 1st W.P.(C) No.36115/2008 2 time bound Higher Grade. 4. Going by Exhibit P7 judgment, this Court relied upon the averments in paragraph 6 of the counter affidavit filed therein and ultimately, the following directions were issued in the operative portion of the judgment. The 1st respondent shall issue an appropriate order in tune with the averments in the paragraph 6 as quoted above, as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment. Thereupon, the non- vocational teachers who have been appointed from the post of non-vocational teachers (Junior) shall be given the monetary benefits arising therefrom within a further period of one month. The same shall be disbursed by the competent among the respondents”. 5. Learned counsel for the petitioners submitted that the benefit granted to the petitioners therein may be granted to the petitioners herein also. In that view of the matter, the Government will reconsider the matter and pass appropriate orders within a period of three months from the date of receipt of a copy of this judgment. The W.P.(C) No.36115/2008 3 petitioners will produce a copy of Exhibit P7 judgment before the Government. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp