IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 14TH DECEMBER 2010 / 23RD AGRAHAYANA 1932 WP(C).No. 37109 of 2010(K) -------------------------- PETITIONER(S): --------------- BINOOJA.C.S,AGED 30 YEARS, W/O.I.K.BABU,NON-VOCATIONAL TEACHER IN PHYSICS(JUNIOR),GOVERNMENT VOCATIONAL HIGHER SECONDARY SCHOOL, THALIKKULAM,TRICHUR DISTRICT, R/AT IKKERAN HOUSE,BLANGAD PO, CHAVAKKAD 680 506. BY ADV. SRI.M.R.GOPALAKRISHNAN NAIR RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM 695 001. 2. THE DIRECTOR OF VOCATIONAL HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM 695 001. GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------ W.P.(C).No.37109 of 2010 ------------------------------------ Dated this the 14th day of December, 2010 JUDGMENT The petitioner is working as Non Vocational Teacher in Physics (Junior) in Government Vocational Higher Secondary School, Thalikkulam. The grievance of the petitioner is that there is discrimination between Non Vocational Teachers in aided school and those in Government Vocational Higher Secondary School. The relief sought for by the petitioner is to issue a writ of mandamus commanding the first respondent to consider and pass orders on Exhibit P2 representation dated 15.10.2010 submitted by the petitioner pointing out her grievance. It is submitted that a similar question arose in W.P. (C) Nos.31952 and 33633 of 2010, which were disposed of as per Exhibit P3 judgment dated 24th November, 2010. The points arising for consideration were summarised in paragraphs 2 to 4 in Exhibit P3 judgment, as follows : WPC No.37109/2010 2 “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 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 WPC No.37109/2010 3 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 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 WPC No.37109/2010 4 period in Vocational Higher Secondary School consists of one hour. The position in the Higher 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.” 2. As per Exhibit P3 judgment, the first respondent was directed to consider the representations submitted by the petitioners therein. The petitioner seeks a similar relief. 3. In the facts and circumstances, the Writ Petition is disposed of as follows : WPC No.37109/2010 5 (i) The first respondent shall consider and dispose of Exhibit P2 representation dated 15.10.2010 submitted by the petitioner, 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 petitioner. (ii) The petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the first respondent. K.T.SANKARAN JUDGE csl