IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 18TH JULY 2011 / 27TH ASHADHA 1933 WP(C).No. 18642 of 2011(E) ------------------------ PETITIONER : --------------------- SHINIMOL JOSEPH, H.S.S.T. PHYSICS, S.B.H.S.S., CHANGANASSERI, KOTTAYAM DISTRICT. BY ADVS. SRI.T.S.JOHN SRI.JUSTIN MATHEW RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE DIRECTOR, HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, THIRUVANANTHAPURAM - 695 001. 3. DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOTTAYAM - 686 001. 4. THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, ERNAKULAM - 682 011. 5. THE MANAGER, CO-OPERATE MANAGEMENT OF SCHOOLS, ARCH-DIOCESE OF CHANGANASSERY - 686 101. R1 TO R4 BY GOVT. PLEADER SRI. V. VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 18642 of 2011(E) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF ORDER APPROVED BY THE 3RD RESPONDENT DATED 28.09.1998. EXT.P2 : COPY OF ORDER DATED 22.12.2008. EXT.P3 : COPY OF G.O.NO. 344/98/G.EDN DATED 29.08.1998. EXT.P4 : COPY OF ORDER BY THE 2ND RESPONDENT DIRECTOR, HIGHER SECONDARY EDUCATION DATED 09.07.1999. EXT.P5 : COPY OF ORDER BY THE 2ND RESPONDENT DATED 07.10.2002. EXT.P6 : COPY OF ORDER DATED 26.07.2006 GENERAL EDUCATION DEPARTMENT, TRIVANDRUM. EXT.P7 : COPY OF FORM OF OPTION DATED 01.09.2006. EXT.P8 : COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER DATED 02.01.2009. EXT.P9 : COPY OF ORDER DATED 19.01.2009. EXT.P10 : COPY OF LETTER DATED 18.07.2007 ISSUED BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT REGIONAL DEPUTY DIRECTOR. EXT.P11 : COPY OF REPLY SENT BY THE 2ND RESPONDENT TO THE MANAGER DATED 04.03.2009. EXT.P12 : COPY OF REPRESENTATION FILED BY THE PETITIONER DATED 26.04.2011. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.A. TO JUDGE Mn T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.18642/2011-E ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 18th day of July, 2011 J U D G M E N T The petitioner seeks for a direction to the Government to take a decision on Ext.P12 representation in the light of Ext.P9 decision of the Director of Higher Secondary Education. It is a case where the petitioner, who is now working as Higher Secondary Schoo1 Teacher (Junior) (Physics) in S.B.H.S.S., Changanassery, Kottayam District is seeking for grant of Full-time benefits by approving the appointment from 23/09/1998. 2. The petitioner started her career as Junior Lecturer in Assumption College, Changanassery in a leave vacancy from 16/12/1996 to 20/03/1997 which was approved as evident from Ext.P1 order. Later she was appointed in a substantive vacancy from 01/06/1998 in the same college which was also approved. When the Junior Lecturers were redeployed to Higher Secondary Schoo1s as per Ext.P3 order she was re-deployed as Part-time H.S.S.T (Physics) from 23/09/1998. Based on W.P.(C). No.18642/2011 -:2:- the periods assigned, she was later designated as H.S.S.T (Physics)(Junior). It is pointed out that the petitioner's first appointment in Higher Secondary Schoo1 from 23/09/1998 to 14/07/1999 was approved as H.S.S.T (Junior) by the second respondent as per Ext.P4 order. Ext.P5 is the order by which the petitioner's appointment as H.S.S.T with effect from 15/07/1999 has been approved. 3. Later, the Government was moved by the Association of H.S.S.Ts (Junior) to grant them full time status. 39 Junior Lecturers who were working in Aided Colleges were granted the benefit. Ext.P6 is the copy of the said order. But the petitioner was not included in Ext.P6 list. It is pointed out that the petitioner's juniors were granted the benefit. The petitioner also submitted Ext.P7 option for the revised scale of pay on 01/09/2006. Again the petitioner, by Ext.P8 representation, requested to approve her appointment as H.S.S.T (Physics) with effect from 23/09/1998. Ext.P9 is the decision taken in the Adalat conducted by the Director of Higher Secondary W.P.(C). No.18642/2011 -:3:- Education. Therein, the decision is in her favour. But it is pointed out that a further order is required by the Government and in the light of above, she moved the Government by filing Ext.P12 representation. It is submitted that the Government has not taken any decision so far and undue delay has been caused in the matter. Learned counsel for the petitioner submitted that the petitioner and four other teachers have been denied the benefit and, going by the decision in the Adalat, the Government will have to pass appropriate orders granting the same. 4. In the light of the above, there will be a direction to the Government to consider and pass orders on Ext.P12 representation in the light of Ext.P9 decision of the Adalat and in the light of the decision taken in favour of 39 teachers, after hearing the petitioner within a period of two months from the date of receipt of a copy of this Judgment. Learned counsel for the petitioner submitted that the petitioner will have to submit option based on the recent pay revision order. The petitioner is permitted to submit option W.P.(C). No.18642/2011 -:4:- subject to the decision to be taken by the Government. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms