IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 7TH JANUARY 2011 / 17TH POUSHA 1932 WP(C).No. 31327 of 2004(D) ----------------------------------------- PETITIONER(S): --------------------- 1. ABDU RAZZAK.K.M., HSST (JR-HISTORY), E.M.E.A. HIGHER SECONDARY SCHOOL, KONDOTTY. 2. ABDU RAHIMAN MANNITHODI, HSST (JR-ARABIC), E.M.E.A. HIGHER SECONDARY SCHOOL, KONDOTTY. 3. FAIZAL.K., HSST (JR-SOCIOLOGY), E.M.E.A. HIGHER SECONDARY SCHOOL,KONDOTTY. 4. ABDURAHIMAN.U., HSST (JR-URDU), E.M.E.A. HIGHER SECONDARY SCHOOL, KONDOTTY. 5. P.V.RASHEED, HSST (ENGLISH), E.M.E.A. HIGHER SECONDARY SCHOOL, KONDOTTY. BY ADV. SRI.BENOY THOMAS RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER SRI. T.T. MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.31327/2004 D APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF G.O.(MS) NO.18/91/G.EDN. DTD. 01/02/91 ISSUED BY R1. P2: COPY OF G.O.(MS) NO.162/98/G.EDN. DTD. 13/05/98. P3: COPY OF THE APPROVAL ORDER OF THE PETITIONERS ISSUED BY THE 2ND RESPONDENT DTD. 19/09/2003. P4: COPY OF THE REPLY SENT BY THE SECRETARY, GENERAL EDUCATION TO THE LAWYER NOTICE. P5: COPY OF THE JUDGMENT IN WA.NO.469/2000 PASSED BY THIS HON'BLE COURT DTD. 28/11/2002. P6: COPY OF THE JUDGMENT IN O.P.NO.2138/2000 DTD. 25/06/03 PASSED BY THIS HON'BLE COURT. P7: COPY OF THE JUDGMENT IN O.P.NO.33223/02 PASSED BY THIS HON'BLE COURT ON 28/08/2003. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R.RAMACHANDRAN NAIR,J. ------------------------------------- W.P.(C)No.31327 Of 2004 ----------------------------------------------------- DATED THIS THE 7th DAY OF JANUARY, 2011 J U D G M E N T The petitioners herein have been appointed as Part Time HSSTs by transfer originally. Their grievance is that their appointment is to be approved as full time irrespective of the workload with effect from the date of their appointment, since their counter parts in Government Schools have been treated as full time HSSTs irrespective of the workload. 2. The learned Government Pleader produced before me for perusal a copy of G.O.(MS)No.351/04/G.Edun. dated 20.11.2004, whereby the Government ordered to grant the benefit of full time scale of pay to all the aided Higher Secondary School Teachers appointed by transfer from among qualified HSAs/UPSAs/LPSAs irrespective of the periods of teaching as in the case of Government Higher Secondary School Teachers as ordered in G.O.(MS)No.162/98/G.Edn. dt.13.5.1998. 3. In the light of the above, the petitioners will be entitled for similar reliefs. If the petitioners have not so far been granted the benefits, it is upto them to move the Government by W.P.(C)No.31327/04 -2- way of appropriate representation, which will be considered and benefit will be granted to them in terms of G.O.(MS)No. 351/04/G.Edn. dated 20.11.2004. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn