Soorya Ben P C vs State Of Kerala

Kerala High Court

Soorya Ben P C vs State Of Kerala on 21 May, 2024

Author: Sathish Ninan

Bench: Sathish Ninan

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
           THE HONOURABLE MR. JUSTICE SATHISH NINAN
    TUESDAY, THE 21ST DAY OF MAY 2024 / 31ST VAISAKHA, 1946
                    WP(C) NO. 10379 OF 2015
PETITIONERS:

    1     SOORYA BEN P C
          AGED 25 YEARS
          PRE-PRIMARY TEACHER, GOVERNMENT LOWER PRIMARY
          SCHOOL, KULASEKHARAMANGALAM P.O., VAIKOM, PIN
          686608.
    2     MALINI MOHAN
          PRE-PRIMARY TEACHER, GOVERNMENT LOWER PRIMARY
          SCHOOL, VAIKOM TOWN, VAIKOM P.O., PIN 686141.
          BY ADVS.
          SRI.ABRAHAM VAKKANAL (SR.)
          SRI.ABY ABRAHAM
          SRI.DIJO SEBASTIAN
          SRI.PAUL ABRAHAM VAKKANAL
          SMT.VINEETHA SUSAN THOMAS


RESPONDENTS:

    1     STATE OF KERALA
          RPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL
          EDUCATION DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM-695001.
    2     DIRECTOR OF PUBLIC INSTRUCTION
          THIRUVANANTHAPURAM-695001.
    3     ASSISTANT EDUCATIONAL OFFICER
          VAIKOM-686142.
          BY ADVS.
          GOVERNMENT PLEADER

          SRI. BIJOY CHANDRAN, SR.GP.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                       Sathish Ninan, J.
                   ----------------------
                  WP(C) No.10379 of 2015
                 ------------------------
           Dated this the 21st day of May, 2024

                           JUDGMENT

1. The petitioners have been working in the Pre-Primary Teachers sections run by the Parent Teacher Association attached to the Government Lower Primary School, Kulasekharamangalam and Vaikom respectively. They have approached this Court aggrieved by the non payment of honorarium at the rates declared by this Court in Ext.P4 judgment.

2. The reliefs sought in the writ petition read thus:

"i. a writ of certiorari or other appropriate writ or order quashing Exts.P8 letter of the 1st respondent and P10 of the Dy. Director of Education, Kottayam denying honorarium to the petitioners, being arbitrary and illegal;

ii. to issue a writ of mandamus or other writ or direction directing the respondents to pay WP(C) No.10379/15 -: 2 :- honorarium at the rate fixed in Ext. P4 and P5 judgments from 1-8-2012 in the case of 1st petitioner and 22-5-2013 in the case of the 2 nd petitioner and other benefits granted in Ext. P4 and P5;

iii. to declare that the 1st petitioner is entitled to get honorarium of Rs. 5000/- from 1-8-2012 and the 2 nd petitioner from 22-5-2013 in the light of the judgments and Governments order."

3. It is reported that the 2nd petitioner has since been paid the benefits claimed. Hence the issue that survives is only with regard to the claim of the 1st petitioner.

4. As per Ext.P4 judgment this Court ordered that, if there is a Pre-Primary section in a Government School, and if the Head Master/Head Mistress of the school certifies that a particular person has been working as a Pre-Primary Teacher or Ayah as on 01.08.2012, such person will have to be paid @ Rs.5,000/- per month if the person is a Pre- Primary Teacher, or @ Rs.3,500/- per month if the WP(C) No.10379/15 -: 3 :- person was working as Ayah. Relying on Ext.P1 certificate issued by the Head Mistress of the school, the 1st petitioner claimed that she was working as a Pre-Primary Teacher from June 2010 onwards and entitled for honorarium as declared in Ext.P4 judgment.

5. The claim of the 1st petitioner was turned down by the respondents as per Ext.P8 order dated 29.05.2014. In Ext.P8 it is stated that, going by the student-staff strength ratio, there could be only one Teacher in the school, and that the senior teacher has been paid honorarium. Thus the claim was rejected. Challenging Ext.P8 the 1st petitioner has approached this Court.

6. I have heard the learned counsel for the petitioner and the learned Government Pleader.

7. As noted supra, in Ext.P4 judgment this Court directed payment of honorarium at the rates WP(C) No.10379/15 -: 4 :- of Rs.5,000/- per month for Pre-Primary Teacher and @ Rs.3,500/- for Ayah, provided the Head Master/Head Mistress of the school certify that the particular person had been working as on 01.08.2012.

8. After Ext.P4 judgment the Government had issued a circular attempting to bring in stipulations/conditions with regard to length of service, student-teacher strength etc. Thereupon this Court had passed Ext.P5 order dated 10.10.2013 clarifying that the directions in Ext.P4 judgment cannot be watered down or attempted to be modified by bringing in such stipulations like qualifications, length of service, mode of recruitment or student ratio. Ext.P4 and P5 judgment/order of the Division Bench have become final. Hence it is not open for the respondents to raise objection based on student strength as is WP(C) No.10379/15 -: 5 :- raised in Ext.P8.

9. The claim of the petitioner that she was working from 01.08.2012 has been duly certified by the Head Mistress of the school as per Ext.P1. That the 1st petitioner was working in the school on the relevant date is not disputed by the respondents. Therefore the 1st petitioner is entitled to be paid such honorarium as ordered by this Court.

In the light of the above Ext.P8 is quashed. It is declared that the 1st petitioner is entitled to be paid honorarium at the rate fixed in Exts.P4 and P5 judgment/order. Let the amounts be disbursed within a period of three months from the date of receipt of a copy of this judgment.

This writ petition is allowed as above.

Sd/-

Sathish Ninan, Judge SVP WP(C) No.10379/15 -: 6 :- APPENDIX OF WP(C) 10379/2015 PETITIONER EXHIBITS EXHIBIT-P1: TRUE COPY OF THE EXPERIENCE CERTIFICATE FROM THE HEADMISTRESS IN RESPECT OF THE 1ST PETITIONER DATED 13.02.2015. EXHIBIT-P2: TRUE COPY OF THE ACCEPTED RESIGNATION LETTER DATED 12.05.2013. EXHIBIT-P3: TRUE COPY OF THE CERTIFICATE OF THE HEAD MASTER OF GOVERNMENT LOWER PRIMARY SCHOOL VAIKOM TOWN DATED 04.12.2013. EXHIBIT-P4: TRUE COPY OF THE JUDGMENT IN W.A.NO.205/11 IN W.P.(C) NO.2700/2009 DATED 01.08.2012.

EXHIBIT-P5: TRUE COPY OF THE ORDER IN W.A.NO.205/11 DATED 10.10.2013. EXHIBIT-P6: TRUE COPY OF THE G.O.(MS.) NO.385/2012/G.EDN.DATED 07.12.2012. EXHIBIT-P6(A): TRUE COPY OF THE G.O.(MS) NO.146/2013 G.EDN DIRECTING TO PAY HONOURARIUM TO ALL PRE-PRIMARY STAFF DATED 25.04.2013.

EXHIBIT-P7: TRUE COPY OF THE G.O.(NS) NO.4/44009/DPI DATED 21.07.2014. EXHIBIT-P8: TRUE COPY OF THE REPLY RECEIVED FROM THE 1ST RESPONDENT DATED 29.05.2014. EXHIBIT-P9: TRUE COPY OF THE PETITION DATED 09.02.2015.

EXHIBIT-P9(A): TRUE COPY OF THE PETITION DATED 09.02.2015.

EXHIBIT-P10: TRUE COPY OF THE LETTER OF THE DY.DIRECTOR OF EDUCATION, KOTTAYAM DATED 06.12.2013.

EXHIBIT-P11: TRUE COPY OF THE REPRESENTATION DATED 03.07.2013.

EXHIBIT-P12: TRUE COPY OF THE REPRESENTATION DATED 11.03.2015.