High Court Kerala High Court

K.Muraleedharan vs State Of Kerala Represented By Its on 3 January, 2011

Kerala High Court
K.Muraleedharan vs State Of Kerala Represented By Its on 3 January, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 1395 of 2010()


1. K.MURALEEDHARAN,LECTURER IN ENGLISH
                      ...  Petitioner

                        Vs



1. STATE OF KERALA REPRESENTED BY ITS
                       ...       Respondent

2. THE DIRECTOR OF VOCATIONAL HIGHER

                For Petitioner  :SRI.S.RAMESH BABU

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice M.L.JOSEPH FRANCIS

 Dated :03/01/2011

 O R D E R
    C.N.RAMACHANDRAN NAIR & M.L.JOSEPH FRANCIS, JJ.
            ----------------------------------
                      W.A.No.1395 of 2010
            ---------------------------------
            Dated, this the 3rd day of January, 2011

                          J U D G M E N T

Ramachandran Nair, J.

This Writ Appeal is filed against the judgment of the learned

Single Judge rejecting appellant’s claim for salary as a Full Time

Lecturer from 1995 onwards.

2. We have heard learned counsel for the appellant and

learned Government Pleader for the respondents.

3. Appellant was appointed as a Lecturer on contract basis

on a consolidated pay of Rs.1,000/- per month in an aided school,

which is not a party in the Writ Petition or in the Writ Appeal. Vide

Ext.P3 order, the Government granted pay scale of Rs.2,000-

3,200/- per month to permanent teachers who were engaged for 12

to 20 hours in the week in a School. The School, admittedly had

only 24 hours teaching in the subject “English”, and since there was

already one teacher on full time basis, appellant’s appointment itself

was unnecessary. However the appellant was given wages under

contract employment by the Management. The appellant’s claim for

being treated as a regular teacher from 1995 to 2001 was turned

down for the reason that the teacher senior to the appellant could

W.A.No.1395/2010
-2-

have been engaged for taking classes for 24 hours, which was

permissible under the Rules. However later, on account of

commencement of new courses, the working hours went up to 36

hours providing vacancies of two full time lecturers, of which one

was granted to the appellant. The appellant, in fact, got the scale of

pay of full time lecturers from 01/06/2001 onwards, and the same

is clarified by the learned Single Judge in the order in

R.P.No.521/2002. The Writ Appeal is filed for a direction to the

respondents to grant scale of pay to the appellant treating him as a

Full Time Lecturer from 1995 to June 2001. We are unable to accept

this contention because considering the fact that the working hours

of an English teacher in the School was only 24 hours and after

engaging a permanent teacher for 20 hours the balance working

hours left for the appellant was only 4 hours. Consequently the

appellant’s claim was rightly declined by the learned Single Judge.

We do not find any merit in the Writ Appeal and the same is

accordingly dismissed.

(C.N.RAMACHANDRAN NAIR, JUDGE)

(M.L.JOSEPH FRANCIS, JUDGE)
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