IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE K.VINOD CHANDRAN FRIDAY, THE 18TH NOVEMBER 2011 / 27TH KARTHIKA 1933 WA.No. 2014 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.10796/2009 Dated 02/04/2009 .................... APPELLANT(S): PETITIONER ------------------------ B.T.SHEEBA, W/O.M.KESARI DHAS, AGED 35 YEARS, HIGH SCHOOL ASSISTANT (HINDI), EVAN'S HIGH SCHOOL, PARASSALA, TRIVANDRUM-695 502. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): RESPONDENTS -------------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, TRIVANDRUM. 4. THE DISTRICT EDUCATIONAL OFFICER, NEYYATTINKARA, TRIVANDRUM. 5. THE MANAGER, EVANS HIGH SCHOOL, PARASSALA, TRIVANDRUM DISTRICT-695 502. MR.GEORGE MECHERIL, GOVERNMENT PLEADER THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 18/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & K.VINOD CHANDRAN, JJ. .................................................................... C.M.Appl.No.928 of 2009 in W.A. No.2014 of 2009 & W.A. No.2014 of 2009 .................................................................... Dated this the 18th day of November, 2011. J U D G M E N T Ramachandran Nair, J. This belated Writ Appeal is filed against the judgment of the learned Single Judge declining to grant full pay and allowances to the appellant for the period prior to her acquiring required qualification for appointment as High School Assistant. 2. We have heard learned counsel for the appellant and learned Government Pleader for the respondents. 3. The appellant though not qualified to be appointed as a Hindi teacher in the High School was appointed in a leave vacancy in October, 1998, and after two months with a break she was again appointed in a leave vacancy for another three months from December, 1998 to February, 1999. By virtue of Rule 51A claim she was appointed in a retirement vacancy on W.A.No.2014/2009 2 05/06/2000. However, when approval was sought for the appointment, the educational authorities declined to approve the appointment for the reason that the appellant was not qualified. However, leniency was shown by the Government by allowing her to continue and teach in the School by drawing basic salary and gave facility to the appellant to acquire the required qualification within three years. The appellant admittedly, acquired qualification for regular appointment as HSA in Hindi on 31/10/2007, and ever since she is a confirmed teacher drawing full pay and allowances. The only prayer made by the appellant is to grant increments and grade pay for the period when she did not have the qualification i.e. from 05/06/2000 to 31/10/2007. The learned Single Judge declined relief and hence this writ appeal is filed. 4. After hearing the appellant and learned Government Pleader, we do not find any justification for appellant's demand because but for the leniency shown by the Government, the appellant would not have been entitled for W.A.No.2014/2009 3 appointment in the retirement vacancy on 05/06/2000. Even though learned counsel for the appellant submitted that the Government servants are paying grade pay and increment during the period they underwent training, we do not think wrong things if done in the case of others, justify repeatation of the same in every case. Consequently, the delay condonation petition and the Writ Appeal are dismissed. (C.N.RAMACHANDRAN NAIR, JUDGE) (K.VINOD CHANDRAN, JUDGE) jg