IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 7TH OCTOBER 2009 / 15TH ASWINA 1931 WP(C).No. 30850 of 2008(V) -------------------------------- PETITIONERS: ---------------- 1. E. SARADA AMMA, HIGHER SECONDARY SCHOOL TEACHER IN BOTANY, PAVANDOOR HIGHER SECONDARY SCHOOL, PAVANDOOR - 673 613. 2. PADMAKUMAR.A.K, HIGHER SECONDARY SCHOOL TEACHER IN MALAYALAM, PAVANDOOR HIGHER SECONDARY SCHOOL, PAVANDOOR-673 613. BY MR.P.C.SASIDHARAN, ADVOCATE. MR.E.S.ASHRAF, ADVOCATE. RESPONDENTS: ------------------ 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, DIRECTORATE OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 3. THE MANAGER, PAVANDOOR HIGHER SECONDARY SCHOOL, PAVANDOOR-673 613. BY MR.M.VIJAYAKUMAR, ADVOCATE, FOR R3. MS.T.B. REMANI, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.30850/2008 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF APPOINTMENT ORDER OF 1ST PETITIONER DTD. 2.9.91. EXT. P2 : COPY OF APPOINTMENT ORDER OF 2ND PETITIONER DTD. 16.12.91. EXT. P3 : COPY OF JUDGMENT DTD. 30.10.99 IN O.P.No.11408/1995. EXT. P4 : COPY OF JUDGMENT DTD. 22.11.02 IN W.A. No.469/2000. EXT. P5 : COPY OF REPRESENTATION FILED BY THE 1ST PETITIONER DTD. 10.9.99. EXT. P6 : COPY OF G.O. DTD. 20.11.04. EXT. P7 : COPY OF ORDER No.B3/8529/99/K.DIS. DTD. 16.11.99. EXT. P8 : COPY OF REMINDER BY MANAGER ADDRESSING R2 DTD. 22.6.06. EXT. P9 : COPY OF REPRESENTATION DTD. 4.8.08. EXT. P9(a) : COPY OF COVERING LETTER DTD. 4.8.08. EXT. P10 : COPY OF LETTER ISSUED BY R2 DTD. 27.9.08. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.30850 OF 2008 --------------------------------------- Dated this the 7th day of October, 2009. J U D G M E N T The petitioners are working as Higher Secondary School Teachers in Botany and in Malayalam in the Pavandoor Higher Secondary School. The school was upgraded as Higher Secondary School in the year 1991. The 1st petitioner was appointed as H.S.S.T with effect from 02.09.1991 and the 2nd petitioner from 16.12.1991. Both these appointments were approved as evident from Exhibits P1 and P2. 2. The complaint raised by the petitioners is that even though the petitioners were appointed as H.S.S.T on full time basis, they were not paid the salary attached to the said post. Earlier the 2nd petitioner approached this Court along with some others and by Exhibit P3 judgment, the matter was decided. The writ appeal filed against the said judgment was dismissed as per Exhibit P4. It was held that the petitioners therein cannot be treated as part time teachers. Seeking the benefit of the said W.P.(C) No.30850/2008 2 judgment, the 1st petitioner approached the Government again by Exhibit P5. Exhibit P6 is the Government Order by which the directions issued by this Court in Exhibits P3 and P4 have been implemented in favour of similarly placed teachers. Exhibit P7 is produced to show that a similarly placed person in the very same school was granted the benefit. Exhibit P8 is the reminder sent by the Manager and Exhibit P9 is the further representation filed by the petitioners in the matter. Finally, by Exhibit P10, the representation was rejected by a cryptic order by the 2nd respondent. This is under challenge in this writ petition. 3. Heard the learned counsel appearing for the petitioners, learned counsel appearing for the Manager and the learned Government Pleader. 4. Learned counsel for the petitioners submitted that, evidently, in Exhibit P10 directions issued by this Court in Exhibits P3 and P4 have not been considered and the effect of the orders passed like Exhibits P6 and P7 have also not been taken into consideration. Therefore, it is prayed that the matter may be directed to be considered by the Government itself. Evidently, Exhibit P10 is not a reasoned one. W.P.(C) No.30850/2008 3 Therefore, Exhibit P10 is quashed. There will be a direction to the Government to take a decision in the matter. Appropriate orders will be passed, after hearing the petitioners and the Manager, within a period of three months from the date of receipt of a copy of this judgment. It is pointed out that the 1st petitioner is due to retire from service on 31.03.2010. Therefore, the time limit provided will be adhered to. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp