IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 24TH NOVEMBER 2010 / 3RD AGRAHAYANA 1932 WP(C).No. 31952 of 2010(T) PETITIONERS: --------------- 1. THE VOCATIONAL HIGHER SECONDARY NON VOCATIONAL LECTURERS' ASSOCIATION, REGN. NO. 1/97/ G.O(RT)NO.1151/97/G.EDN. REPRESENTED BY ITS GENERAL SECRETARY, MR.SHAJI.B.K (SHAJI PARIPPALLY), “DEVIKA”, VELLAKULANGARA, MANAKALA.P.O, ADOOR. 2. MR. SHAJI.B.K (SHAJI PARIPPALLY), LECTURER IN BOTANY, P.U.M VOCATIONAL HIGHER SECONDARY SCHOOL, PALLICKAL.P.O, NOORANAD. 3. SASIKUMAR.S, LECTURE, HCHMKM VOCATIONAL HIGHER SECONDARY SCHOOL, VALLAKADAVU, THIRUVANANTHAPURAM. BY ADV. SRI.DEVAN RAMACHANDRAN SRI.K.M.ANEESH RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM - 695 001. 2. THE DIRECTOR, VOCATIONAL HIGHER SECONDARY EDUCATION, TRIVANDRUM - 695 001. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2010, ALONG WITH WPC NO.33633 OF 2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NOS.31952 & 33633 OF 2010 ------------------------------------------------------ Dated this the 24th day of November, 2010 JUDGMENT The petitioners in W.P.(C) No.31952 of 2010 are respectively the Vocational Higher Secondary Non-Vocational Lecturers' Association as well as two Lecturers in Vocational Higher Secondary Schools, whereas, the petitioners in W.P.(C) No.33633 of 2010 are two Non-Vocational Teachers (Junior) as well as a Non-Vocational Teacher. The grievance voiced by the petitioners in both the Writ Petitions is the same and therefore, these Writ Petitions are being disposed of by this common judgment. 2. G.O.(MS) No.460/95/G.Edn. dated 26.9.1995 was issued before framing of Special Rules in respect of the services in Vocational Higher Secondary Education Sector. G.O.(MS) No.460/95/G.Edn. dated 26.9.1995 provided for the workload of 12 to 20 hours plus marginal excess for full time teachers and 6 to 11 hours for part time teachers. Later, as per S.R.O.No.246 of 2004 dated 12.3.2004, Kerala Vocational Higher Secondary Education State Service Rules, 2004 were framed. As per S.R.O.No.247 of W.P.(C) NOS.31952 AND 33633 OF 2010 :: 2 :: 2004 dated 12.3.2004, Kerala Vocational Higher Secondary Education Subordinate Service Rules, 2004 were also framed. The Kerala Vocational Higher Secondary Education State Service Rules provides that the Vocational Teacher and Non-Vocational Teacher mean full time post of Vocational/Non-Vocational Teacher having workload of 15 hours or more per week per subject. The Kerala Vocational Higher Secondary Education Subordinate Service Rules provides that Non-Vocational Teacher (Junior) means post having workload of below fifteen hours per week per subject. As per G.O. (Ms) No.124/07/G.Edn. dated 23.6.2007, the Government extended the Kerala Vocational Higher Secondary Education State Service Rules, 2004 and Kerala Vocational Higher Secondary Education Subordinate Service Rules, 2004 and the amendments thereto issued as per G.O.(Ms).No.123/07/G.Edn. dated 23.6.2007 mutatis mutandis to the aided sector of Vocational Higher Secondary Education also. 3. The petitioners pointed out that the Special Rules for the Kerala Higher Secondary Education State Service and Kerala Higher Secondary Education Subordinate Service provide for a different W.P.(C) NOS.31952 AND 33633 OF 2010 :: 3 :: yardstick for fixing the duration of work and for considering whether a Vocational Higher Secondary School Teacher is junior or senior. Higher Secondary School Teacher (Junior) means part time post of Higher Secondary School Teacher (below fifteen periods per week per subject) as per the Special Rules for the Kerala Higher Secondary Education Subordinate Service. The Special Rules for the Kerala Higher Secondary Education State Service provides that Higher Secondary School Teacher means full time post of Higher Secondary School Teacher. 4. Amendments were brought to the Kerala Vocational Higher Secondary Education State Service Rules as well as Subordinate Service Rules as per S.R.O.Nos.809/2009 and 810/2009, by which Special Rules were amended and for the word “hours” the word “period” was substituted. The grievance of the petitioners is that in spite of the amendment and in spite of the substitution of the word “periods” for “hours”, in practical application, no change has taken place in the working hours and in the periods in the Vocational Higher Secondary Schools, since, each period in Vocational Higher Secondary School consists of one hour. The position in the Higher W.P.(C) NOS.31952 AND 33633 OF 2010 :: 4 :: Secondary Sector is quite different, wherein, in view of the Circular No.A3-1706/92/HSE dated 2.6.1992, each period consists of 35-45 minutes. It is contended that thus a discrimination is existing between the service conditions of the Higher Secondary School Teachers as well as the Vocational Higher Secondary School Teachers. Pointing out this discrepancy and pointing out the grievances, the petitioners in W.P.(C) No.31952 of 2010 submitted Exts.P10 and P11 representations dated 2.6.2006 and 28.6.2010 to the Secretary, General Education Department and the Director of Vocational Higher Secondary Education and the petitioners in W.P. (C) No.33633 of 2010 submitted Ext.P3 representation in September, 2010 before the Secretary to Government, General Education Department. 5. In view of the pendency of the representations submitted by the petitioners as mentioned above, though the petitioners have prayed for several reliefs in the Writ Petitions, it is not necessary to consider them on the merits in these Writ Petitions. It is submitted that it would be sufficient if the representations are considered earnestly and expeditiously. Learned Government Pleader W.P.(C) NOS.31952 AND 33633 OF 2010 :: 5 :: submitted that the matter is in the anxious consideration of the Government and that appropriate steps would be taken without delay. In the facts and circumstances of the case, the Writ Petitions are disposed of as follows: a) The first respondent shall consider Ext.P3 representation in W.P.(C) No.33633 of 2010 and Ext.P10 representation in W.P. (C) No.31952 of 2010, as expeditiously as possible and, at any rate, within a period of two months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioners. b) The petitioners shall produce the respective copy of the Writ Petition and certified copy of the judgment before the first respondent. (K.T.SANKARAN) Judge ahz/