IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 21ST MARCH 2011 / 30TH PHALGUNA 1932 WP(C).NO. 32260 OF 2010(F) -------------------------- PETITIONER: ------------------ ANTONY JOSEPH,H.S.S.T(JR.),P.H.S.S. PANTHALLUR,P.O.KADAMBODE,MALAPPURAM DISTRICT, RESIDING AT ATHIRAKULANGARA HOUSE, P.O.KADAMBODE, MANJERI VIA, MALAPPURAM DISTRICT. BY ADV. SRI.R.RAMADAS RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY TO GOVERNMENT,SECRETARIAT, THIRUVANANTHAPURAM,PIN-695001. 2. THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. 3. THE DIRECTOR, HIGHER SECONDARY EDUCATION DEPARTMENT,THIRUVANANTHAPURAM-695001. 4. THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM,PIN-676505. 5. THE MANAGER, PANTHALLUR HIGHER SECONDARY SCHOOL, KADAMBODE, MANJERI, MALAPPURAM DIST-676121. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA R5 BY ADV. SRI.JIJO PAUL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).NO. 32260 OF 2010(F) ------------------------------------- APPENDIX --------------- PETITIONER'S EXHIBITS ------------------------------------ EXT.P1. COPY OF THE REPRESENTATION DATED 03.11.2008 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P2. COPY OF THE REPRESENTATION DATED 17.09.2009 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P3. COPY OF THE REPRESENTATION DATED 22.09.2009 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. EXT.P4. COPY OF THE REPRESENTATION DATED 02.11.2009 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. EXT.P5. COPY OF THE REPRESENTATION DATED 01.04.2010 BEFORE THE 3RD RESPONDENT. EXT.P6. COPY OF THE LETTER DATED 20.07.2010 EXT.P7. COPY OF THE LETTER DATED 29.07.2010. RESPONDENT'S EXHIBITS : NIL -------------------------------------- / TRUE COPY / P.A. TO JUDGE VK T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.32260 OF 2010 --------------------------------------- Dated this the 21th day of March, 2011. J U D G M E N T The petitioner, who is working as H.S.S.T (Junior) in Panthallur Higher Secondary School, Malappuram District, has approached this Court by filing this writ petition seeking to quash Exts.P6 and P7 and for a direction to the respondents to reconsider the petitioner's case in the light of the power vested in the Government under Chapter 1 Rule 3 of the Kerala Education Rules. Mainly it is prayed that the petitioner may be granted the scale of pay of H.S.S.T (Senior). 2. During the pendency of the writ petition, the petitioner has filed a representation as per Ext.P8 before the Government which is produced along with I.A.No.4843/2011. 3. It is the case of the petitioner that in Malappuram District, petitioner is the second seniormost H.S.S.T among the H.S.S.T teachers in the District as per the seniority list. But, still he is continuing as H.S.S.T (Junior) since the number of periods W.P.(C) No.32260/2010 2 for the subject is less than 16 in the petitioner's school, whereas many of the petitioner's juniors are continuing as H.S.S.T (Senior) only on the basis that there are more than 16 periods for the subject in the respective schools. It is submitted that this is an anomaly to be rectified in the Special Rules itself. It is upto the Government to take a decision on Ext.P8 representation. It is pointed out that the petitioner will be retiring within one year. There will be a direction to the Government to take a decision on Ext.P8 representation, after hearing the petitioner and the Manager, within a period of four months from the date of receipt of a copy of this judgment. This writ petition is accordingly disposed of. T.R. RAMACHANDRAN NAIR JUDGE smp