IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 25TH MARCH 2008 / 5TH CHAITHRA 1930 OP.No. 26250 of 2002(Y) --------------------------------- PETITIONER: ----------------- TOMY PAUL, S/O. LATE K.P.PAULOSE, KOTHOLY, ILANJI P.O., KOOTHATTUKULAM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.K.SATHEESH KUMAR RESPONDENTS: ----------------------- 1. THE DIRECTOR, VOCATION HIGHER SECONDARY EDUCATION, TRIVANDRUM. 2. THE GOVERNMENT OF KERALA REP. BY SECRETARY, GENERAL EDUCATION DEPARTMENT, TRIVANDRUM. BY GOVERNMENT PLEADER SMT. SMITHA BABU THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 25/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP NO. 44650/2002 IN OP NO. 26250/2002 Y. DISMISSED 25/03/2008. SD/- T.R.RAMACHANDRAN NAIR, JUDGE. APPENDIX PETITIONER'S EXHIBITS EXT.P1. COPY OF THE GOVT. ORDER NO. E1. 2723/97 DT. 3/6/97 ISSUED BY THE R1. EXT.P2. COPY OF THE ORDER NO. E1. 14209/97 DATED 16/03/1998 ISSUED BY THE IST RESPONDENT. EXT.P3. COPY OF THE ORDER DT. 13/5/98 BY THE R2. EXT.P4. COPY OF THE COMMUNICATION RECEIVED BY THE PETITIONER FROM THE R1. EXT.P5. COPY OF THE REQUEST DATED 27/6/2002 SUBMITTED BY THE PETITIONER TO THE R2. RESPONDENT'S EXHIBITS NIL. True copy tga T.R.RAMACHANDRAN NAIR, J. ======================= O.P.No.26250 of 2002-Y. ======================= Dated this the 25th day of March, 2008. J U D G M E N T The substantial prayer in the writ petition is for a direction to the respondents to regularise the service of the petitioner from 9.6.1997 to 23.3.1998 as full time service and grant all consequential benefits to the petitioner. 2. The petitioner was originally appointed as a member of ministerial staff in the Vocational Higher Secondary Department. He was appointed provisionally as Lecturer as per Ext.P1. By Ext.P2 he was posted as a full time Lecturer. The period from 9.6.1997 to 23.3.1998 was considered as part time service only. The petitioner by relying upon Ext.P3 moved the authorities for rendering similar treatment to him. The said claim was rejected by Ext.P4. It is under these circumstances he has approached this Court seeking various reliefs. O.P.No.26250 of 2002-Y. -: 2 :- 3. In the counter affidavit filed by the respondents it is submitted that as per Government Order G.O.(Rt.)No.566/97 sanction was accorded to appoint qualified ministerial staff working in the Vocational Higher Secondary Education Department as Non-Vocational Lecturer (Part Time) as per Rule 9 (a)(i) of the KS & SSR pending finalisation of Special Rules in VHSE Department. Such appointments are made purely on provisional basis. The petitioner's posting was not by way of a promotion. It is also pointed out that Ext.P3 applies only in the case of Higher Secondary Department and not in respect of VHSE Department. 4. It is true that by Ext.P1 the petitioner was provisionally appointed by transfer as Lecturer (part time). It is clear from para.1 of the order itself that the appointment was to a part time post. Therefore till he was appointed on a full time basis by Ext.P2 he was holding the post only on a part time basis, that too as an appointee under Rule 9(a)(i) of the General Rules of KS & SSR. Ext.P3 relates to the method of appointment of teachers in O.P.No.26250 of 2002-Y. -: 3 :- Government Higher Secondary Schools and Aided Higher Secondary Schools. 5. The petitioner is relying upon para.3 of the said order to contend for the position that the part time service rendered by him should have been treated as full time service. As far as the stipulation in para.3 is concerned, that applies only in respect of the teachers appointed from General Education Subordinate Service to Higher Secondary Schools. In their case the appointments will be treated as appointment by promotion and they will be full time teachers irrespective of the periods to be taught. There is no case that Ext.P3 is applicable to VHSE Department. The learned counsel contends that a similar treatment should have been meted out to persons like the petitioner. I am unable to accept the said contention. These two departments are different and the method of appointment are regulated by the procedures laid down from time to time.Therefore the principles that would have been available with the Higher Secondary School Department cannot have any application in the O.P.No.26250 of 2002-Y. -: 4 :- VHSE Department. The petitioner was only appointed under Rule 9(a)(i) of KS & SSR, when he was appointed on a part time basis as per Ext.P1. It was not by promotion also. In that view of the matter the petitioner cannot claim regularisation of the period from 3.6.1997 to 16.3.1998 as full time service. There is no rule, or any Government Order permitting the same also. Therefore the writ petition fails and the same is dismissed. T.R.RAMACHANDRAN NAIR, JUDGE. kvs/-