IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 20TH JULY 2009 / 29TH ASHADHA 1931 WP(C).No. 35918 of 2004(A) ----------------------------------------- PETITIONER(S): ------------------------- AUGUSTHY JOSEPH, HIGHER SECONDARY TEACHER, (CHEMISTRY), ST.ALOYSIUS HIGHER SECONDARY SCHOOL, EDATHUA, ALLEPPEY DISTRICT. BY ADVS.MR.T.S.JOHN MR.M.S.RADHAKRISHNAN NAIR RESPONDENT(S): ------------------------- 1. THE GOVERNMENT OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, SECRETRIAT, THIRUVANANTHAPRAM. 2. THE DIRECTOR, HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, THIRUVANANTHAPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, KUTANAD, ALEPPUZHA DISTRICT. 4. THE MANAGER, CORPORATE MANAGMENT OF SCHOOLS, ARCH DIOCESE OFFICE, CHANGANACHERRY. *ADDL. R5 IS IMPLEADED 5. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM. IMPLEADED AS ADDL. R5 AS PER ORDER IN IA. 9413/05 DT. 4.7.05. GOVERNMENT PLEADER MR.K.RAMESH FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.35918/2004 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE G.O.(MS) NO.344/98/G.EDN. DT. 29.8.98. P2:- COPY OF THE SERVICE CERTIFICATE DT. 19.9.03. P3:- COPY OF THE G.O.(P) NO.703/02/FIN. DT. 12.11.02. P4:- COPY OF THE REPRESENTATION DT. 19.11.03 TO THE IST RESPONDENT. P4(a):- COPY OF THE REPRESENTATION DT. 19.11.03 TO THE 3RD RESPONDENT. P5:- COPY OF THE G.O.(RT) NO.1931/04/ GEN. EDN. DT. 21.5.04. P6:- COPY OF THE G.O.(MS) NO.125/99/H.EDN. DT. 7.10.99. P7:- COPY OF THE ORDER NO.12124/T1/2004/G.EDN. DT. 19.1.05 OF THE GOVERNMENT. P8:- COPY OF THE G.O.(MS) NO.185/06/G.EDN. DT. 26.7.06. P9:- COPY OF THE OPTION FORMS FORWARDED TO THE 2ND RESPONDENT. TRUE COPY P.A. TO JUDGE TSS T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.35918 OF 2004 --------------------------------------- Dated this the 20th day of July, 2009. J U D G M E N T The petitioner herein is working as Higher Secondary School Teacher (Chemistry) in the school managed by the 4th respondent. The petitioner was appointed as such on 16.10.2002. He was deployed to the Higher Secondary School while he was working as Junior Lecturer in St.Berchmans College. Exhibit P1 evidences the said fact. 2. The petitioner was having service as Junior Lecturer in St.Berchmans College from 06.11.1996 to 15.10.2002. Prior to the said appointment, the petitioner was working as Junior Chemist in Hindustan News Print Ltd., Velloor, Kottayam District, which is evidenced by Exhibit P2. He was getting a basic pay of Rs.3,300/- therein as Chemist whereas after joining the service of the College as Junior Lecturer, his pay was fixed at Rs.2060- 4200. W.P.(C) No.35918/2004 2 3. The petitioner is relying upon Exhibit P3 to contend for the position that the service of the petitioner in Hindustan News Print Ltd. is liable to be reckoned for the purpose of service benefits in the present post apart from the service as Junior Lecturer. The petitioner had been representing the matter by filing Exhibits P4 and P4(a). The petitioner is also relying upon Exhibits P5 and P6 in support of his contentions. 4. The additional 5th respondent has filed a counter affidavit in the matter. It is pointed out that the service of the petitioner in the Hindustan News Print Ltd. cannot be reckoned for any purpose. It is also submitted that the petitioner was working in the S.B.College, Changanassery as a Pre-Degree teacher (not coming under the U.G.C). Therefore, Exhibit P6 is not applicable to the petitioner. 5. After getting instructions from the respondents, learned Government Pleader submitted that the service of the petitioner from 06.11.1996 to 15.10.2002 in the St.Berchmans College, Changanassery could be reckoned for the purpose of various W.P.(C) No.35918/2004 3 service benefits in the Higher Secondary School. 6. Regarding the first spell of appointment, ie. from 09.03.1987 to 05.11.1996 in Hindustan News Print Ltd., I am not satisfied that the petitioner is entitled to reckon the said service for any benefits in the Higher Secondary School. The petitioner was working in the Hindustan News Print Ltd., a Public Sector undertaking, as a Junior Chemist. The reliance placed on Exhibit P3 by the petitioner is not sustainable. The petitioner will not come within the purview of Exhibit P3. 7. In that view of the matter, the first spell of appointment the petitioner was having in the Hindustan News Print Ltd. cannot be reckoned for any service benefits in the Higher Secondary School. Regarding the second spell as already mentioned, it is reported that the said service could be reckoned for the purpose of service benefits in the Higher Secondary School. There will be a direction to the second respondent to consider Exhibit P9 and the request for granting of benefits of higher grade, pay revision etc. in the light of the above findings W.P.(C) No.35918/2004 4 and appropriate orders shall be passed within a period of two months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp