Kerala High Court
George Varghese vs Director Of Higher Secondary Education on 21 March, 2011
Author: T.R.Ramachandran Nair
Bench: T.R.Ramachandran Nair
IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 22380 of 2008(L)
1. GEORGE VARGHESE,
... Petitioner
Vs
1. DIRECTOR OF HIGHER SECONDARY EDUCATION,
... Respondent
2. STATE OF KERALA, REPRESENTED BY
3. REGIONAL DEPUTY DIRECTOR,
For Petitioner :DR.GEORGE ABRAHAM
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :21/03/2011
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C) No.22380 OF 2008
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Dated this the 21th day of March, 2011.
J U D G M E N T
The petitioner is working as Higher Secondary School Teacher in the Sree Vivekananda Higher Secondary School in Malappuram District. The petitioner was appointed in the year 1991 and the appointment is approved only as HSST part time upto 1998 and thereafter as HSST (senior). The limitation was made in the light of the non availability of periods above 15.
2. Learned counsel for the petitioner submitted that the petitioner moved the Government but the Government granted the benefit only from 01.06.1995 which is evident from Ext.P5 order. It is pointed out that by a later order passed by the Government as G.O.(MS)No.169/2009/G.Edn. dated 19.08.2009, certain benefits have been granted to which the petitioner is also eligible. Reliance is also placed on the decision of this Court in Sangeetha vs. State of Kerala (2010 (1) KLT 612). It is prayed that in the light of the above, Government may be W.P.(C) No.22380/2008 2 directed to reconsider the matter. The Government Order dated 19.08.2009 reads thus:
"....... In view of the above facts and circumstances Government are pleased to sanction the scale of pay applicable to the Part Time Higher Secondary School Teachers who were appointed on a consolidated pay of Rs.1000/- during 1990-1995 w.e.f.07.04.1992 or from the date of their approval whichever is later. The mode of payment of arrear salary will be done as in the case of the Full Time Higher Secondary School Teachers".
In the light of the above, if the petitioner files a detailed representation seeking the benefit of the Government Order dated 19.08.2009 and the judgment in Sangeetha vs. State of Kerala (2010 (1) KLT 612), 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