Kerala High Court
Fancy T.E vs State Of Ekrala on 30 June, 2016
Author: Anu Sivaraman
Bench: Anu Sivaraman
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 6TH DAY OF DECEMBER 2017/15TH AGRAHAYANA, 1939
WP(C).No. 37094 of 2017 (J)
----------------------------
PETITIONERS :
--------------------
1. FANCY T.E.,
RESOURCE TEACHER, BRC KUZHALMANNAM,
PALAVILAYIL HOUSE, JAWAHAR NAGAR,
KANJIKODE WEST P.O., PALAKKAD - 678 623.
2. BABITHA K.P.,
RESOURCE TEACHER, BRC PARALI,
THAZHATHETHIL HOUSE, PAYYANADAM P.O.,
MANNARKKAD VIA, PALAKKAD - 678 583.
BY ADVS.SRI.KALEESWARAM RAJ
KUM.THULASI K. RAJ
SRI.VARUN C.VIJAY
RESPONDENTS :
----------------------
1. STATE OF EKRALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2. SECRETARY TO GOVERNMENT,
DEPARTMENT OF SOCIAL WELFARE,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
3. DIRECTOR OF PUBLIC INSTRUCTIONS,
THIRUVANANTHAPURAM - 695 001.
4. UNION OF INDIA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
MINISTRY OF HUMAN RESOURCE DEVELOPMENT,
NEW DELHI.
R1 TO R3 BY GOVERNMENT PLEADER SRI.NISHA BOSE
R4 BY SRI.S.BIJU, CGC
BY SRI.N.NAGARESH, ASG OF INDIA
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 06-12-2017, ALONG WITH WPC. 37218/2017, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
bp
WP(C).No. 37094 of 2017 (J)
--------------------------------------
APPENDIX
PETITIONER(S)' EXHIBITS
-------------------------------------
EXHIBIT P1: TRUE COPY OF THE INTEGRATED EDUCATION FOR THE
DISABLED CHILDREN (IEDC) SCHEME.
EXHIBIT P2: TRUE COPY OF THE CENTRALLY SPONSORED SCHEME
OF INCLUSIVE EDUCATION OF THE DISABLED AT
SECONDARY STATE (IEDSS).
EXHIBIT P3: TRUE COPY OF THE JUDGMENT DATED 30.06.2016 IN
W.P.(C) NO.2470/2013, W.P.(C)25574/2013 AND W.P.(C)
NO.1181/2014.
EXHIBIT P4: TRUE COPY OF THE JUDGMENT DATED 27.06.2017 IN
W.P.(C) NO.34704/2015.
EXHIBIT P5: TRUE COPY OF THE REPRESENTATION SUBMITTED BY
THE PETITIONER NO.2 BEFORE THE 1ST RESPONDENT.
RESPONDENT(S)' EXHIBITS : NIL.
//TRUE COPY//
P.A. TO JUDGE
bp
ANU SIVARAMAN, J.
--------------------------------
W.P.(C).Nos.37094 & 37218 of 2017
---------------------------------
Dated this the 6th day of December, 2017
J U D G M E N T
------------------
These writ petitions are filed seeking directions to the respondents to pass orders regularizing the service of the petitioners as resource teachers in view of the directions contained under Ext.P3 judgment. It is also prayed that the benefits available to the petitioners in Ext.P3 judgment may be extended to the petitioners in these writ petitions also.
2. Heard learned counsel for the petitioners and learned Government Pleader.
3. It is submitted by the learned counsel for the petitioners that following Ext.P3 judgment, this Court passed Ext.P4 judgment, directing that the operative directions in Ext.P3 shall govern the case of similarly situated persons as well. I notice from Ext.P3 judgment that the directions therein are general in nature. It is also stated in Ext.P3 judgment that those teachers who have all the prescribed qualifications would be entitled to continue in service till a scheme is framed as directed in the judgment.
W.P.(C).Nos. 37094 & 37218 of 2017 2
4. In the above view of the matter, I am of the opinion that the same directions as contained in Exts.P3 and P4 judgments should be available to the petitioners in these writ petitions as well.
5. It is therefore held that the directions contained in Ext.P3 judgment dated 30.6.2016 in W.P.(C) No.2470/2013 shall govern the petitioners in these writ petitions also. The qualified hands among the petitioners shall not be terminated till a scheme is framed in accordance with the directions contained under Ext.P3.
These writ petitions are disposed of accordingly.
Sd/-
ANU SIVARAMAN JUDGE rmm/7/12 // True Copy// P.A. To Judge