Indian Kanoon - Search engine for Indian Law

2. The petitioner in W.P.(C) No.12425/2008 entered service as a U.P.S.A. from 5.6.1995 and she was promoted as H.S.A. with effect from 1.8.2000. The Higher Secondary Course was sanctioned in the school in the year 1998-99. In terms of the qualifications and eligibility, the petitioner was entitled to get appointment as HSST under 25% quota for in- 

wpc 12425/08 & service candidates. But the fourth respondent who was working in a leave vacancy at that point of time, was granted the appointment. She is the petitioner in W.P.(C) No.13559/2008. This was challenged by the petitioner in W.P.(C) No.12425/2008 and later by Ext.P1, her claim was accepted. There were various writ petitions before this Court in the matter. Suffice it to say that ultimately as directed by this Court, the second respondent again passed Ext.P2 order recognising her right. The said order was under challenge in various writ petitions and ultimately, by Ext.P3 judgment, the petitioner was ordered to be appointed as Full Time HSST. Accordingly, by Ext.P4, the third respondent appointed the petitioner on 1.8.2003 as HSST. Ext.P5 is the order passed by the first respondent in a revision petition filed by the contesting respondents again in the light of the direction issued by this Court in Ext.P3. Therein also, the entitlement of the petitioner for appointment in the vacancy which arose during 1998-99 (first post) was confirmed. As regards the 4th respondent, it was ordered that she is entitled for the third vacancy which arose during 2001-2002 and the fifth respondent was found eligible for the second vacancy which arose during 1999-2000. This order was challenged in W.P.(C) No.12345/2004 by the 4th respondent and in terms of the interim order to maintain status-  wpc 12425/08 & quo, the second respondent granted provisional approval to the petitioner to draw salary in the junior post as per Exts.P6 and P7 which was subject to the final outcome of the writ petition. As already noticed, Ext.P8 is the judgment in her favour passed by the learned Single Judge and Ext.P9 is the judgment in the Writ Appeal filed by the 4th respondent against Ext.P8. The petitioner is presently aggrieved by Ext.P10 order which was passed by the second respondent in terms of the directions issued in Exts.P8 and P9 judgments. As per Ext.P10, the petitioner's appointment has been approved from 1.8.2003 to 2.8.2007 as HSST (Junior) and from 3.8.2007 as HSST till the post exists. She is granted notional seniority with effect from 22.9.1998 as HSST. The dispute is regarding the direction in Ext.P10 whereby it is specified that the petitioner is eligible for the scale of pay and other monetary benefits attached to the full time post only with effect from 3.8.2007 ( the date of Ext.P8 judgment).

3. As regards the 4th respondent who is the petitioner in W.P.(C) No.13559/2008, the period of service with effect from 22.9.1998 to 15.7.2001 is treated as provisional appointment without any claim for the regular post of HSST. The approval is granted from 16.7.2001 as HSST (Junior) till the post exists. Emoluments drawn by her have been protected  wpc 12425/08 & in terms of Ext.P8 judgment. She is aggrieved by the further direction that excess salary drawn for the period from 3.8.2007 till the date of order, shall be recovered in lump sum.

7. After the appointment of various Higher Secondary School Teachers as HSST (Junior) as they were allowed only a different scale of pay, the matter was challenged before this Court in various writ petitions. This Court directed the respondents to grant Full Time scale of HSST to those teachers. Even though W.A. No.460/2000 and connected cases were filed against the judgments in the writ petitions, they were dismissed. S.L.P. (C) No.9421 -22/2003 filed before the Apex Court also was dismissed. Ultimately, the Government passed Ext.P14 order No.GO (Ms) 351/2004/G.Edn. dated 20.11.2004. The Government ordered to grant 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 Govt. Higher Secondary School Teachers as ordered in G.O.(MS) No.162/98/G.Edn. dated 13.5.1998 (Ext.P13). It is further clarified that this order will not be  wpc 12425/08 & applicable to those who were appointed under the provisions of the Special Rules since 12.11.2001.

12. In the counter affidavit filed in W.P.(C) No.13559/2008, justification is sought for the recovery. It is explained that the recovery is effected only from the date of Ext.P8 judgment, but in the light of Ext.P14, as referred to earlier, both the petitioners are entitled for the benefit of scale of pay as applicable to HSST (Full Time) and the same is declared.

13. Therefore, the impugned orders are quashed to the extent of denying the benefit of scale of pay to the petitioners. W.P.(C) No.12425/2008 is thus allowed and Ext.P10 to the extent it denies the petitioner the Full Time salary of HSST with effect from 1.8.2003 is quashed. There will be a direction to respondents 1 and 2 to sanction Full Time salary of HSST to the petitioner with effect from 1.8.2003 and appropriate orders in that regard should be passed and consequential benefits shall be disbursed within a period of three months from the date of receipt of a copy of this judgment.