IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 WP(C).No. 19261 of 2008(R) -------------------------- PETITIONER: ------------ EBBY THOMAS, S/O.C.M. THOMAS, CHETHICAD HOUSE, KAVUMBAGAM, THIRUVALLA (HSST (ECONOMICS), ST. THOMAS HIGHER SECONDARY SCHOOL, ERUVELLIPRA. BY ADV. SRI.S.SUBHASH CHAND RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION/ HIGHER SECONDARY EDUCATION, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. 2. DIRECTOR OF HIGHER SECONDARY EDUCATION, OFFICE OF THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHINAGAR, THIRUVANANTHAPURAM. 3. REGIONAL DEPUTY DIRECTOR, OFFICE OF THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, CORPORATION BUILDING, 4TH FLOOR, PALAYAM, THIRUVANANTHAPURAM. 4. CORPORATE MANAGER, EDUCATIONAL AGENCY, CATHOLIC ARCH DIOCESE OF THIRUVALLA, THIRUVALLA - 689 101. 5. THE PRINCIPAL, ST. THOMAS HIGHER SECONDARY SCHOOL, ERUVELLIPRA, THIRUVALLA. BY ADV. SRI.ABRAHAM VAKKANAL (SR.) FOR R4 SRI.PAUL ABRAHAM VAKKANAL FOR R4 SRI.DIJO SEBASTIAN FOR R4 BY G.P. SHRI T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER DATED 6.10.2002 ISSUED BY RESPONDENT NO.2 APPROVING THE APPOINTMENT OF THE PETITIONER ALONG WITH FEW OTHER TEACHERS EXT.P2 TRUE COPY OF THE GOVT. ORDER DATED 25.3.2006 (EXCLUDING ANNEXURES) EXT.P3 TRUE COPY OF THE MA POSTGRADUATE CERTIFICATE DATED 5.6.95 ISSUED BY MG UNIVERSITY EXT.P3(a) TRUE COPY OF THE M.Phil.(ECONOMICS) CERTIFICATE DATED 22.4.1999 ISSUED BY CALICUT UNIVERSITY EXT.P3(b) TRUE COPY OF THE B.Ed. DEGREE CERTIFICATE DATED 31.3.2006 ISSUED BY IGNOU EXT.P4 TRUE COPY OF THE LIST OF DEGREES/QUALIFICATIONS OF VARIOUS UNIVERSITIES/OTHER AUTHORITIES RECOGNIZED IN THE STATE OF KERALA EXT.P5 TRUE COPY OF THE ORDER DATED 30.4.2005 ISSUED BY RESPONDENT NO.1 EXT.P6 TRUE COPY OF THE ORDER BEARING NO.9/2005 DATED 7.5.2005 OF THE SECRETARY, KERALA PUBLIC SERVICE COMMISSION EXT.P7 TRUE COPY OF THE REPRESENTATION DATED 24.5.2008 SUBMITTED BY THE PETITIONER BEFORE RESPONDENTS 1 TO 3 EXT.P8 TRUE COPY OF THE JUDGMENT DATED 10.12.2007 PASSED BY THIS COURT IN WP(C) No.11931/2007 //TRUE COPY// K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.19261 of 2008 R -------------------------------------- Dated this the 25th day of July, 2008. J U D G M E N T The petitioner is working as Higher Secondary School Teacher (HSST) (Economics) in St. Thomas Higher Secondary School, Eruvellipra. The petitioner states that he was appointed on 1.9.2000 as Higher Secondary School Teacher (Economics) (Junior). Later, he became a Full Time Higher Secondary School Teacher (Economics) with effect from 16.7.2001. The petitioner states that he has got to his credit M.A., M.Phil and B.Ed. Degrees. The appointment of the petitioner was approved by the Director of Higher Secondary Education as per Ext.P1 order dated 6.10.2002. After the 2006 pay revision, the Principal forwarded the necessary papers to the Regional Deputy Director for sanction and disbursement of pay revision benefits to the petitioner. The pay revision benefits were not granted to the petitioner. It is stated that, on enquiry, the petitioner was informed that no decision was taken in favour of the petitioner on the ground that the petitioner had obtained his B.Ed. Degree from Indira Gandhi National Open University (IGNOU) which was not a regular course of study, but a Distant Education Programme. 2. The petitioner relies on the decision of a Division Bench of this Court, reported in State of Kerala v. Sujakumari (2006(1) KLT 846) and also Exts.P4 and P5 Government Orders. Petitioner also relies on Ext.P8 judgment passed by a learned Single Judge of this Court in W.P.(C) No.11931 of WP(C) No.19261/2008 2 2007, in which the Division Bench judgment in Sujakumari's case (supra) was referred to. The learned Government Pleader submitted that the matter is now pending before the Supreme Court and several appeals have been filed against the decision of the Kerala High Court in Sujakumari's case (supra) and other connected cases. 3. The petitioner has submitted Ext.P7 representation dated 24.5.2008, addressed to the Secretary to the Government, Director of Higher Secondary Education and Regional Deputy Director, in which a request was made to sanction and disburse 2006 pay revision benefits and increments to the petitioner, by accepting petitioner's B.Ed. Degree qualification. There is also a request to regularize his service with all other consequential service benefits. Ext.P7 representation is pending disposal. 4. The fourth respondent Manager has filed a counter affidavit supporting the contentions raised by the petitioner. Learned counsel for the petitioner has also pointed out that the Government has subsequently passed orders in some other cases, accepting the B.Ed. Degree granted by the Indira Gandhi National Open University as sufficient qualification subject to the decision of the Supreme Court in pending Special Leave Petitions. 5. The reliefs prayed for in the Writ Petition are the following:- WP(C) No.19261/2008 3 “i) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent No.3 to sanction and disburse 2006 pay revision benefits and increments legally due to the petitioner by accepting B.Ed. degree qualification of the petitioner awarded by IGNOU as evidenced by Ext.P3(b) and regularizing his service accordingly within such time as this Hon'ble Court may deem fit and proper in the interest of justice; ii) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent Nos.1 to 3 to consider and pass final orders on Ext.P7 representation within such time as this Hon'ble Court may deem fit and proper in the interest of justice; iii) To issue a declaration that denial of 2006 pay revision benefits and increments legally admissible to the petitioner on the ground that the B.Ed. degree obtained by the petitioner was one awarded by IGNOU is absolutely unsustainable in law in the light of Exts.P4. P5, P6 and ruling of this Hon'ble Court in State of Kerala Vs. Sujakumari (2006 (1) KLT 846); WP(C) No.19261/2008 4 iv) To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent Nos.2 & 3 to regularize the service of the petitioner by accepting B.Ed. degree qualification evidenced by Ext.P3(b) and grant all consequential service benefits pursuant to such regularization within such time as this Hon'ble Court may deem fit and proper in the interest of justice; and v) To mould and grant such other reliefs, as this Hon'ble Court shall deem just and proper in the interest of justice, including costs.” 6. Learned counsel for the petitioner confines the reliefs to a direction to dispose of Ext.P7 representation. It is submitted that Ext.P7 representation is to be disposed of by the third respondent, the Regional Deputy Director. In the facts and circumstances of the case, the Writ Petition is disposed of as follows:- WP(C) No.19261/2008 5 (i) The third respondent, Regional Deputy Director, shall dispose of Ext.P7 representation submitted by the petitioner expeditiously and at any rate within a period of two months, after affording an opportunity of being heard to the petitioner and the Manager. (ii) The petitioner shall produce a copy of the Writ Petition, a copy of I.A.No.9325 of 2008 and certified copy of the judgment before the third respondent. (iii) The third respondent shall consider Ext.P7 representation on the merits and shall take note of the binding precedents including Ext.P8 judgment and orders passed by the Government. K.T. SANKARAN, JUDGE. cks