IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 23373 of 2008(G)
1. KERALA AIDED SCHOOL NON-TEACHING
... Petitioner
2. RAJI T.S., FULL TIME MENIAL,
3. VINOD T.V. FULL TIME MENIAL,
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.V.M.KURIAN
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :18/09/2008
O R D E R
ANTONY DOMINIC, J.
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No. 23373 OF 2008 G
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Dated this the 18th day of September 2008
J U D G M E N T
In this writ petition what is under challenge is Ext. P3.
Petitioners are also seeking a declaration that the non-teaching staff
working in the aided schools are entitled to the benefit of the
reduced teacher student ratio of 1:40 granted to the teachers in
aided schools.
2. In my view, non-teaching staff, whom the petitioners are
representing and the teaching staff working in the aided schools are
belonging to different classes of employees and the service
conditions of one class cannot be compared with the service
conditions that are available to others. Article 14, the benefit of
which is sought by the petitioners, do not prohibit classification, but
only prohibits discrimination. To successfully set up a case of
discrimination, both set of employees should belong to the same
class of employees.
W.P.(C) No. 23373 OF 2008
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3. In my view, non-teaching staff and the teaching staff
belong to different classes of employees and therefore one cannot
complain of discrimination comparing itself with employees
belonging to the other class. In that view of the matter, I do not
find any justification in the plea of the petitioners that they should
be given parity with the conditions that are applicable to the
teaching staff.
Writ petition fails and is dismissed.
ANTONY DOMINIC
JUDGE
jan/-