IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 18TH JULY 2008 / 27TH ASHADHA 1930 WP(C).No. 14388 of 2008(K) -------------------------- PETITIONERS: --------------------- 1. SEBASTIAN MATHEW, HSST (SOCIAL WORK), ST.THOMAS HIGHER SECONDARY SCHOOL, THANKAMONY, IDUKKI DISTRICT. 2. JOSHY JOSEPH, HSST (SOCIAL WORK), ST. JUDES HIGHER SECONDAY SCHOOL, VELLARIKKUNDU P.O., PARAPPA (VIA), KASARAGOD DISTRICT. 3. VINOD KUMAR K., HSST (SOCIAL WORK), TIHSS, NAIRMARMOOLE P.O., VIDHYA NAGAR, KASARAGOD. BY ADV. SRI.V.B.UNNIRAJ ADV. SMT.R.S.GEETHA RESPONDENTS: ------------- 1. STATE OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, REPRESENTED BY ITS CHIEF SECRETARY. 2. THE DIRECTOR OF HIGHER SECONDAY EDUCATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER ADV. SHRI A.J. VARGHESE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN, J. ............................................................................ W.P.(C) No. 14388 OF 2008 ............................................................................ Dated this the 18th July, 2008 J U D G M E N T The petitioners were appointed as Higher Secondary School Teachers in the Aided Schools. They obtained B.Ed degree from Indira Gandhi National Open University (IGNOU). The respondents took the stand that the B.Ed degree which the petitioners acquired is not sufficient qualification for appointment as Higher Secondary School Teachers in the Aided Schools. The petitioners were directed to pass B.Ed course afresh within the time stipulated. The petitioners filed W.P.(C)NO. 18179 of 2007 for necessary reliefs. This Court, relying on the judgment in State of Kerala and another vs. Suja Kumari and another (2006 (1) ILR 431) held that the petitioners have acquired sufficient qualification and declared that the B.Ed degree from IGNOU is sufficient qualification for continuing as Higher Secondary School Teachers. As per Ext.P5 judgment dated 18th September 2007, this Court also directed the respondents to regularise the service of the petitioners with consequential benefits. The grievance of the petitioners in this Writ Petition is that in spite of Ext. P5 judgment, salary was not paid to them. The relief prayed for in this Writ Petition is for issuance of a writ of mandamus directing the respondents to disburse regular salary due to the petitioners at the revised scale of pay applicable to regular Higher Secondary School teachers. 2. Learned counsel for the petitioners points out that subsequent to the filing of the Writ Petition, the Government have passed an order dated 19.06.2008 approving the service of the petitioners with all consequential benefits, subject to the result of the W.P.(C) No. 14388 OF 2008 2 SLP pending before the Supreme Court and that the second respondent has passed an order dated 25.06.2008 based on the Government order dated 19.06.2008. 3. It is submitted by the Government Pleader that against Ext. P5 judgment, the Government have filed SLP before the Supreme Court and that is the reason why such an observation has been made in the order dated 19.06.2008. 4. In view of the order dated 19.06.2008 passed by the Government and order dated 25.06.2008 passed by the second respondent, the Director of Higher Secondary Education, learned counsel for the petitioners submits that the grievances voiced by the petitioners have been substantially redressed and what remains is only the issue regarding disbursement of salary. In view of the orders passed by the Government and the second respondent, there cannot be any doubt that the petitioners are entitled to get their salary . The respondents are directed to do the needful to enable the petitioners to draw the salary with arrears within a period of one month from today. K.T. SANKARAN, JUDGE. lk