IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 28TH MAY 2010 / 7TH JYAISHTA 1932 OP.No. 21490 of 2000(G) ---------------------------------- PETITIONERS: --------------------- 1. P.N.SOMASEKHARAN NAIR, H.S.A., GHSS, POOKOTHUMPADAM.P.O., MALAPPURAM. 2. V.C. YOHANNAN, H.S.A., -DO-. 3. LAILA P. NAIR, H.S.A., -DO-. 4. N.J. CLARAMA, H.S.A, -DO-. 5. K.C. PRASAD, H.S.A, -DO-. 6. SATHIAVATHI.P., H.S.A, -DO-. 7. A.S. SANTHAMMA, H.S.A, -DO-. 8. A.P. MOHAMMEDALI, PHY. EDN. TEACHER, -DO-. 9. P. SRASWATHI AMMA, H.S.A, -DO-. 10. P. KRISHNANKUTTY ASSARI, P.D. TEACHER, GOVT. H.S.S. FOR GIRLS, NEDUMANGAD. 11. V.A. NALINAKUMARI, P.D.T., GOVT. H.S.S. FOR GIRLS, NEDUMANGAD. 12. P. SYAMALA AMMA, PHY. EDN. TEACHER, -DO-. 13. KUMARI K.P. LATHA, H.S.A, -DO-. O.P. NO. 21490/2000-G: 14. C. INDIRA, P.D.T., -DO-. 15. S. VIMALA BHAI, H.S.A., -DO-. 16. A. MOHAMMED ISMAIL, H.S.A., GOVT. H.S.S. PAKALKURI, ATTINGAL EDUCATIONAL DISTRICT. 17. B. VALSARAJ, H.S.A., GOVT. MODEL B.H.S.S., THIRUVANANTHAPURAM. 18. G. KRISHNA KURUP, H.S.A., GHS, POOVATHOOR, NEDUMANGAD. 19. N. LALITHA, P.D.T., GUPS, THIRUMALA, THIRUVANANTHAPURAM. 20. M.R. VILASINI, PDT., VHSS, MANACADU.P.O., THIRUVANANTHAPURAM. 21. S. RAVEENDRAN, P.D.T., G.M.U.P.S., VAZHAKKAD.P.O., MALAPPURAM. 22. K. PREMALATHA, P.D.T., -DO-. 23. N. RADHA KOVILAMMA, PRINCIPAL, G.V.H.S.S., OMANOOR, MALAPPURAM. 24. N. HARIDAS, A.E.O., KONDOTTY, MALAPPURAM. 25. M. ABDULLA KUTTY, P.D.T., G.U.P.S., CHALIAPURAM, CHERUVANNOOR.P.O., MALAPPURAM. 26. P.V. VALSAMMA, P.D.T., G.L.P.S., THRIKKARIYOOR. 27. PENNAMMA MATHEW, H.S.A, TECHNICAL H.S., PALAI. 28. L. CHINTHAMANI, H.S.A., -DO-. 29. C.P. SUKUMARAN NAIR, RTD., CHIRACKAL, CHERUVATTOOR, KOTHAMANGALAM. O.P. NO. 21490/2000-G: 30. P.S. AUYKUTTY, CHATHOLIL HOSTEL JUN., MUVATTUPUZHA. 31. V.K. RAGHAVAN, P.D.T., G.U.P.S., THOTTUMUKKAM.P.O., AREECODE, KOZHIKODE. 32. C. GOPINATHAN NAIR, P.D.T., G.U.P.S., MOORKKANAD, URUGANATTIRI.P.O., ARECODE, KOZHIKODE. 33. N.K. SOUDAMINI, P.D.T., G.H.S., IRINGALLUR, PALAZHI. 34. K. KRISHNAKUMARI, P.D.T., G.H.S.S. KOKKATTOOR, KOZHIKODE. 35. K. LATHA, H.S.A., G.H.S.S., CHATHAMATTOM, KOTHAMANGALAM. 36. K. ROSAMMA, H.S.A., GOVERNMENT HIGH SCHOOL, PUTHUR, KOLLAM. 37. K. ABDULALI, HEADMASTER, GOVERNMENT U.P. SCHOOL, KINALOOR, BALUSSERY. 38. A. ABDULLA KUTTY, HEADMASTER, G.M.L.P. SCHOOL, UNNIKULAM, BALUSSERI. 39. P.T. ABDULSALAM, HEADMASTER, G.L.P. SCHOOL, KORANGAD, THAMARASSERI. 40. K.A. ABDURAHIMAN KUTTY, HEADMASTER, G.M.U.P. SCHOOL, PALLIPPURAM, THAMARASSERI. BY ADV. SRI.MATHEWS VALSALAN. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO DEPARTMENT OF FINANCE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. O.P. NO. 21490/2000-G: 2. THE ADDITIONAL SECRETARY, FINANCE (PAY REVISION IMPLEMENTATION) DEPARTMENT, THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER SRI. P.M. MANOJ. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 28/05/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 21490/2000-G: ORDER ON C.M.P. NO. 36090/2000 IN O.P. NO. 21490/2000-G DISMISSED 28/05/2010. SD/- P.N.RAVINDRAN, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER G.O.(RT).NO.3627/85/G1.EDN. DTD. 01/10/1985 ISSUED BY THE R.1. EXT.P.2: COPY OF THE ORDER G.O.(RT).NO.696/84/G. EDN. DTD. 03/03/1984 ISSUED BY THE R.1. EXT.P.3: COPY OF THE JUDGMENT DTD. 30/06/98 IN O.P. NO. 1914/93 OF THIS HONOURABLE COURT. EXT.P.4: COPY OF THE ORDER G.O.(RT).3498/99/GE DTD. 09/09/98 PASSED BY THE RESPONDENT IN FAVOUR OF THE PETITIONER IN O.P. NO. 1914/98. EXT.P.5: COPY OF THE G.O.(RT).NO.1480/99/FIN. DTD. 17/06/99 PASSED BY THE GOVERNMENT. EXT.P.6: COPY OF THE G.O.(P).NO.990/2000/FIN. DTD. 27/06/2000 ISSUED BY THE SECRETARY TO DEPARTMENT OF FINANCE. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. P.N.RAVINDRAN, J. ---------------------------- O.P.No.21490 of 2000 ---------------------------- Dated 28th May, 2010 JUDGMENT The petitioners are teachers in Government service. It is stated that prior to their entry in Government service, the petitioners had rendered service in aided schools. The grievance of the petitioners is that though in similar circumstances service rendered by aided school teachers was reckoned for the purpose of fixation of pay on their entry in Government service, in the case of the petitioners, such protection of pay was not given. Reliance is placed on Exts.P1, P2 and P4 Government orders in support of the said contention. The petitioners state that though the Government had issued Ext.P5 order dated 17.6.1999, protecting the pay drawn by teachers while they were working in private educational institutions, the said Government order was withdrawn by Ext.P6 order dated 27.6.2000. In this original petition, the petitioners challenge Ext.P6 and seek a declaration that they are entitled to the benefits as are given to the beneficiaries of Exts.P1, P2 and P4 Government orders. 2. The respondents have filed a counter affidavit resisting the original petition. It is contended that taking note of the O.P.No.21490/2000 2 burden cast on the State Exchequer as a result of Ext.P5, a policy decision was taken to cancel Ext.P5 and thereupon Ext.P6 order was passed. It is contended that in the absence of any right in the petitioners to have the salary drawn by them while in service in aided schools protected on their appointment in Government schools, the reliefs prayed for by them cannot be granted. 3. I have considered the rival submissions made at the Bar by the learned counsel on either side. Apart from alleging that the petitioners had rendered aided school service prior to their entry in Government service, the petitioners have not produced any material to show that they were appointed in aided schools as teachers, that such appointments were approved and that they were drawing salary in the same scale of pay in which they were later appointed in Government service. The petitioners have also not stated the date on which they were appointed as teachers in aided schools and the date of their appointment in Government service. It is conceded at the Bar that many among the petitioners have retired from service. Though it is stated that the petitioners had submitted representations seeking the benefits of Exts.P1, P2 and P4 Government orders, copies of such representations have not been produced. It is evident from the nature of the averments in O.P.No.21490/2000 3 the original petition that it is a belated attempt to claim the benefit of protection of pay. The pleadings in the original petition are in my opinion extremely vague and on such vague pleadings the petitioners are not entitled to invoke the discretionary jurisdiction of this Court under Article 226 of the Constitution of India. It is only if the petitioners had approved service that they would have drawn salary as teachers in aided schools. However, there is no pleading or proof to that effect. It is only if they were drawing pay after their appointments were approved that the question of protection of pay arises. With the available material, it cannot be said that they are similarly placed as the beneficiaries of Exts.P1, P2 and P4 Government orders. Further, it is brought to my notice that a learned single Judge of this Court had repelled the challenge to Ext.P6 in O.P.No.17663 of 2000. For the reasons stated above, I hold that there is no merit in this original petition. The original petition fails and is accordingly dismissed. P.N.RAVINDRAN Judge TKS