IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 WP(C).No. 24424 of 2007(G) --------------------------------------- PETITIONERS: --------------------- 1. VOCATIONAL HIGHER SECONDARY NON-VOCATIONAL LECTURERS'ASSOCIATION, (REGN. NO.1/97 Q.O (RT) NO. 1151/97/G. EDN)(AIDED) REPRESENTED BY ITS GENERAL SECRETARY, MR.SHAJI PARIPPALLY,"DEVIKA",VELLAKULANGARA, MANAKALA P.O., ADOOR. 2. J.PRASANNAKUMARI, NON VOCATIONAL TEACHER IN ENGLISH, N.S.S.V.H.S.S., PERUNNA, CHANGANASSERY. BY ADVS. MR.DEVAN RAMACHANDRAN, SMT.T.G.SEETHAL. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR, VOCATIONAL HIGHER SECONDARY EDUCATION,TRIVANDRUM. 3. THE ASSISTANT DIRECTOR, VOCATIONAL HIGHER SECONDARY EDUCATION, REGIONAL OFFICE,EDAPPALLY, ERNAKULAM. R1 TO R3 BY GOVERNMENT PLEADER SMT. SMITHA SUKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.24424/2007-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE GOVERNMENT ORDER DTD. 26/09/1995. EXT.P.2: COPY OF THE RELEVANT PORTION OF THE KERALA VOCATIONAL HIGHER SECONDARY EDUCATION STATE SERVICE RULES, 2004. EXT.P.3: COPY OF THE ORDER NO. G.O.(P).NO.3000/98/FIN. DTD. 25/11/98. EXT.P.4: COPY OF THE G.O.RT.NO.2495/04/G1 EDN. DTD. 17/06/2004. EXT.P.5: COPY OF THE ORDER ISSUED BY THE R.3. DTD. 21/04/2007. EXT.P.6: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS DTD. 25/05/06. EXT.P.7: COPY OF THE ORDER NO. 24298/PRC-A3/2008/FIN. DTD. 08/06/2008. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W. P (C) No. 24424 of 2007 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 23rd May, 2009. J U D G M E N T The 1st petitioner is a service organisation of Non-vocational Teachers of Aided Vocational Higher Secondary Schools recognised by the Government under Rule 51 of Chapter XIVC of the Kerala Education Rules. The 2nd petitioner is a member of the 1st petitioner- organisation and a non-vocational teacher in English in N.S.S. Vocational Higher Secondary School, Perunna, Changanacherry. In this writ petition, they are raising a grievance of non-vocational teachers (Junior), who have been appointed as non-vocational teachers in the matter of grant of time bound higher grades. They are seeking the following reliefs in this writ petition: “(a) Issue a writ of certiorari or any such appropriate writ, order or direction and to call for the records leading to Ext. P4 and quash the same to the extent to which it declares that the post of a Non-vocational teacher is a promotion post from the post of a Non-vocational teacher (Junior); (b) Issue a writ of mandamus or any other appropriate writ, order or direction and direct the respondents to grant the benefits of the two time bound higher grades to all the members of the 1st petitioner association and the 2nd petitioner as provided in Ext. P3 order without treating the post of a Non Vocational teacher as a promotion post from the post of Non Vocational teacher (Junior). (c) Issue a writ of certiorari or other appropriate writ, order or direction and to call for the records leading to Ext. P5 and quash the same.” 2. But, in view of the averments in the counter affidavit, they would be satisfied if the Government is prepared to give them the benefits as stated in the counter affidavit, particularly referring to paragraph 6 of the two counter affidavits filed on behalf of respondents 1 and 2 which are in pari materia. The said paragraph reads thus: W.P.C. No. 24424/07 -: 2 :- “6. It is submitted that though the status of non-vocational Teacher (Junior) and Non-vocational Teacher (Senior) is same in the case of qualification there is a drastic difference in the scale of pay. When a junior teacher's post is upgraded to that of a senior teacher, 1st time bound higher grade can be granted only on completion of 10 years of service by considering the upgrading post as entry post and second time bound grade on completion of either 8 years of service in the first promotion post of 18 years of total service in the entry post. Here though the junior post is upgraded to senior post, 1st time bound grade can be given only on completion of 10 years in the senior teacher post and 2nd grade on completion of 18 years (G.O(P) No. 3000/98/Fin dated 25-9- 1998).” The learned Government Pleader submits that the Government is prepared to grant the benefits as stated in the abovesaid paragraph. Accordingly, the writ petition is disposed of with the following directions: 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 Sd/- S. Siri Jagan, Judge. Tds/