IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 26TH MAY 2011 / 5TH JYAISHTA 1933 WP(C).No. 25098 of 2007(K) ---------------------------------- PETITIONER: --------------- SANDHYA RANI V., HIGHER SECONDARY SCHOOL TEACHER (HINDI), NARAYANAN NAIR MEMORIAL HIGHER SECONDARY SCHOOL, CHELEMBRA, MALAPPURAM DISTRICT. BY ADV. DR.GEORGE ABRAHAM RESPONDENT(S): ------------------- 1. STATE OF KERALA - REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 3. REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, KOZHIKODE. ADV. SMT. RANI DIOTHIMA - GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 26/05/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25098 of 2007 APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF ORDER OF THE DIRECTOR OF HIGHER SECONDARY EDUCATION DATED 16-3-94 APPROVING APPOINTMENT OF PETITIONER AS HSST. EXT.P2; COPY OF G.O.(MS) NO.351/2004/GEN. EDN. DATED 20-11-2004. EXT.P3: COPY OF COMMUNICATION ISSUED BY THE REGIONAL DY. DIRECTOR, HIGHER SECONDARY EDUCATION, KOZHIKODE DATED 14-11-05 TO THE DIRECTOR OF HIGHER SECONDARY EDUCATION. EXT.P4: COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER DATED 22-8-2006 TO THE 2ND RESPONDENT. EXT.P5: COPY OF G.O.(Rt)NO.2771/07/G.EDN DATED 20-6-07. EXT.P6: COPY OF GOVERNMENT ORDER G.O.(MS) 169/09/G.EDN DATED 19-8-2009. EXT.P7: COPY OF JUDGMENT DATED 21-3-2011 IN W.P.(C)NO.22380/08 TRUE COPY PA TO JUDGE. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.25098 OF 2007 --------------------------------------- Dated this the 26th day of May, 2011. J U D G M E N T The petitioner is working as Higher Secondary School Teacher (Hindi) in the NNM Higher Secondary School, Chelembra in Malappuram District. The challenge is against Ext.P5 order whereby the petitioner has been denied the full time benefit as HSST for the period from 01.08.1992 to 13.05.1998. 2. The petitioner was appointed as HSA on 29.09.1986 and was posted as HSST (Hindi) on 01.08.1992. Initially, a fixed Special Pay of Rs.250/- was being paid in terms of G.O.(MS) No.138/90/Gen.Edn. dated 27.06.1990. The appointment of the petitioner as HSST was approved as per Ext.P1 order. 3. It is the case of the petitioner that by G.O.(MS) No.85/92/Gen.Edn. dated 07.04.1992, the direct recruited HSSTs were sanctioned a scale of pay of Rs.1450-2825 which was being revised from time to time. The same is the basis of the claim of the petitioner. W.P.(C) No.25098/2007 2 4. During the pendency of the writ petition, the Government has passed an order as per G.O.(MS) No.169/2009/G.Edn. dated 19.08.2009. As per the said Government Order, the Government has sanctioned the scale of pay applicable to the Part Time Higher Secondary School Teachers who were appointed on a consolidated pay of Rs.1000/- during 1990-95 with effect from 07.04.1992 or from the date of their approval whichever is later. In the light of the above, Ext.P5 is quashed. The matter will be reconsidered by the Government. If the petitioner files a detailed representation seeking the benefit of G.O.(MS) No.169/2009/G.Edn. dated 19.08.2009 (Ext.P6), the same will be considered by the Government and appropriate orders will be passed, after hearing the petitioner, within a period of four 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