IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 28746 of 2007(V)
1. C.SASIKUMARI,
... Petitioner
Vs
1. THE STATE OF KERALA,REPRESENTED BY
... Respondent
2. THE DIRECTOR OF HIGHER SECONDARY
3. THE SENIOR ACCOUNTS OFFICER,
4. THE DEPUTY DIRECTOR OF EDUCATION
For Petitioner :SRI.P.J.MATHEW
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :13/10/2008
O R D E R
ANTONY DOMINIC, J
-----------------------------------------------------------
W.P.(C).No.28746/2007
-----------------------------------------------------------
Dated this the 13th day of October, 2008
JUDGMENT
Prayer in this writ petition is to quash Exts.P3 and P4
and to declare that the petitioner is entitled to be considered
as a full time HSST and to get consequential benefits,
including arrears of pay.
2. While working as a HSA, petitioner was promoted as
HSST with effect from 23.11.2995. However, on account of
the fact that the periods available were less than 15, the
petitioner was ordered to be treated as part time. While so,
Government issued an order dated 13.5.1998, ordering that
irrespective of the availability of periods, promotees will be
entitled to be treated on a full time basis. This claim of the
teachers like the petitioners was also recognized by this
court as per Exts.P11 and P12 judgments in Writ Appeal
WP(c).No.28746/07 2
No.460/2000 and WP(c).No.22511/2005. Despite all this,
the benefit of the Government order as confirmed in the
judgments referred to above, was not extended to the
petitioner and the petitioner was continued to be treated as
a part time teacher, for the reason that the Accountant
General has sought a clarification from the Government as
to whether it was permissible to grant the benefit to the
petitioner since she has been promoted prior to the issuance
of the Government Order. Government Pleader submits
that the matter is still pending with the Government and it
was therefore that full time status has not been given to the
petitioner.
In my view, the date on which the petitioner was
promoted by itself cannot be a ground for declining the
benefit of full time status to the petitioner, in view of the
Government Order dated 13.5.1998. The order certainly is a
declaratory one and if that be so, that should also be applied
to the petitioner also. For that reason the petitioner has to
WP(c).No.28746/07 3
be held as entitled to the benefit of the Government Order
dated 13.5.1998 and also to Exts.P11 and P12 judgments
referred above.
Accordingly, this writ petition will stand allowed
declaring that the petitioner is entitled to be treated as a full
time HSST and that she will be entitled to all consequential
benefits including arrears of pay as well.
ANTONY DOMINIC
JUDGE
vi.
WP(c).No.28746/07 4