IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY SATURDAY, THE 19TH NOVEMBER 2011 / 28TH KARTHIKA 1933 WP(C).No. 40752 of 2003(B) ---------------------------------------- PETITIONER(S): ------------------------ SHOWKATH.K., HIGHER SECONDARY SCHOOL TEACHER(JR) (PHYSICS), P.K.K.S.M. HIGHER SECONDARY SCHOOL, KAYAMKULAM. BY ADV. SRI.BENOY THOMAS RESPONDENT(S): -------------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 3. MANAGER, P.K.K.S.M. HIGHER SECONDARY SCHOOL, KAYAMKULAM. R1 & R2 BY GOVERNMENT PLEADER SRI.SHIBU JOSEPH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.40752/2003 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE APPOINTMENT ORDER OF THE PETITIONER AS HSST(JR) DATED 4/7/2001. P2 COPY OF THE M.SC DEGREE CERTIFICATE DATED 24/9/92, ELIGIBILITY CERTIFICATE DATED 29/1/02 & B.ED DEGREE CERTIFICATE DATED 12/1/96 OF THE PETITIONER. P3 COPY OF THE PROCEEDINGS OF THE STAFF SELECTION COMMITTEE DATED 30/9/00. P4 COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 5/2/97 AS JR.LECTURER (PRE-DEGREE-PHYSICS) AT MSM COLLEGE, KAYAMKULAM. P5 COPY OF THE ORDER NO.B5/1022/00 DATED 13/6/01 OF THE DY.DIRECTOR OF COLLEGIATE EDUCATION APPROVING THE SERVICES OF THE PETITIONER AS JR.LECTURER. P6 COPY OF THE RELIEVING ORDER OF THE PETITIONER DATED 30/11/00. P7 COPY OF THE G.O.(MS)NO.344/98/G.EDN DATED 29/8/98 & D.O.LR.NO.ESTT.D4/45857/98/COL.EDN. DATED 14/9/98. P8 COPY OF THE JUDGMENT IN W.A.NO.33/01 DATED 22/11/01. P8(A) COPY OF THE ORDER OF DIRECTOR OF HIGHER SECONDARY EDN. NO.C2/3823/HSE/99 DATED 30/8/99. P9 COPY OF THE GOVERNMENT ORDER AS G.O.(RT)NO.2657/2004/G.EDN DATED 26/6/2004 ISSUED BY THE GENERAL EDUCATION(T) DEPARTMENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts B.P. RAY, J. - - - - - - - - - - - - - - - - - W.P.(C) No.40752 of 2003 - - - - - - - - - - - - - - - - Dated this the 19th day of November, 2011. JUDGMENT Heard the learned counsel for the petitioner. 2. The petitioner has filed this writ petition with the following prayers: 1. Declare that petitioner is entitled to get the benefit of all the Govt. orders and Circulars including Ext.P7 series relating to deployment of Junior Lecturers (Pre-Degree) in the Higher Secondary Schools under the same management and therefore for approval and salary as Higher Secondary School Teacher w.e.f. 04.07.2001 irrespective of the work load and also for protection of his scale of pay (Rs.6675 - 10550) he was drawing in the college. 2. Issue a writ of mandamus or necessary directions directing the respondents to treat the petitioner as Higher Secondary School Teacher irrespective of the work load and grant him approval and salary (admissible to the post of Higher Secondary School Teacher) by protecting his scale of pay (Rs.6675 - 10550) he was drawing in the college. 3. The petitioner is working as HSST (Jr) Physics in the 3rd respondent's school with effect from 04.07.2001 after having been deployed from the college under the same management. He was initially appointed as Junior Lecturer (Pre-Degree) at MSM College, Kayamkulam under the same management to which the 3rd respondent's school also belongs. He was thrown W.P.(C). No.40752/2003 -:2:- out from the college w.e.f 30.11.2000. His services in between 05.02.1997 and 30.11.2000 were approved by the Collegiate Education Director. Ext.P7 series of Govt. Orders enable the Junior Lecturers to get suitable re-deployment in the Higher Secondary Schools under the same management. In the present case, even though petitioner was appointed in the 3rd respondent school w.e.f 04.07.2001, his appointment was not accepted by the Department as a case of deployment/transfer from the college on the strength of Ext.P7 orders. Consequently, he is not granted protection of pay also. Being not given the service benefits from 05.02.1997 to 30.11.2000 that this writ petition was filed. 4. The learned counsel for the petitioner has drawn my attention to the judgment passed by a Devision Bench of this Court in W.A No. 33 of 2001 wherein this Court held that prior services rendered by the petitioner under the same management has to be taken into consideration while computing the qualifying service of the person. The petitioner has also produced Ext.P9 Government Order dated 26.05.2004 wherein the case of a similarly situated person was accepted by the department as a case of deployment from college to Higher W.P.(C). No.40752/2003 -:3:- Secondary School. In that view of the authoritative pronouncement and Ext.P9 Government Order, I direct that the petitioner's service from 05.02.1997 to 30.11.2000 shall be taken into consideration by the first respondent and necessary orders shall be passed thereon within three months from the date of receipt of a copy of this judgment after affording an opportunity of hearing to the parties. This writ petition is disposed of as above. sd/- B.P. RAY, JUDGE. rv W.P.(C). No.40752/2003 -:4:-