Ushavathy Cheruvanapally vs The State Of Kerala
2021 Latest Caselaw 23583 Ker

WP(C) NO. 21240 OF 2020       1



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943
                    WP(C) NO. 21240 OF 2020


PETITIONER/S:

    1     USHAVATHY CHERUVANAPALLY
          AGED 60 YEARS,
          W/O.BHUPANANDAN, USHUS, P.O.VADAKKUMPAD,
          THALASSERY-670 105, (RETIRED NEEDLE WORK TEACHER
          ALAVIL NORTH LP SCHOOL).

    2     KRISHNAKUMARI K.
          AGED 59 YEARS
          W/O.VIJAYAN, NANIYOOR NAMBRAM P.O.,
          MULLAKKODI-670 563, (RETIRED CRAFT TEACHER,
          MULLAKKODI-AUP SCHOOL).

    3     DHARMAJA.K.
          AGED 60 YEARS
          D/O.O.RAGHAVAN, AKSHAYA, PANNENPARA ROAD, CHALAD,
          KANNUR-14, (RETIRED CRAFT TEACHER, EDACHOVVA UP
          SCHOOL, CHOVVA NORTH, KANNUR-06).

    4     M.P.VENUGOPALAN,
          AGED 62 YEARS
          S/O.N.P.GOPALAN NAIR, SREEPADAM P.O., KADIRUR,
          KANNUR-670 642, (RETIRED DRAWING TEACHER, ERANHOLI
          WEST UP SCHOOL, ERANHOLI, THALASSERI).

    5     OMANA.K.
          AGED 59 YEARS
          W/O.SASIDHARAN, PUTHACHERY HOUSE, PALERI,
          MAMBA P.O., KANNUR DISTRICT-670 611,
          (RETIRED NEEDLE WORK TEACHER KOONHANCODE UP SHCOOL,
          ODATHILPEEDIKA P.O., MAMBA).

          BY ADVS.
          T.T.MUHAMOOD
          SRI.A.RENJIT
          SRI.V.E.ABDUL GAFOOR
          SRI.A.MOHAMMED SAVAD
          SRI.C.Y.VINOD KUMAR
 WP(C) NO. 21240 OF 2020          2



             SHRI.T.R.VISHNU



RESPONDENTS :

     1       THE STATE OF KERALA
             REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
             GENERAL EDUCATION DEPARTMENT,
             GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

     2       THE DIRECTOR OF GENERAL EDUCATION,
             DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
             THIRUVANANTHAPURAM-695 001.

     3       THE DEPUTY DIRECTOR OF EDUCATION,
             OFFICE OF THE DDE, KANNUR-670 001.

     4       THE ASST.EDUCATIONAL OFFICER,
             OFFICE OF THE AEO, CHOKLI,
             KANNUR DISTRICT-670 691.

     *5      THE MANAGER, CHAMPAD WEST UP SCHOOL,
             CHOKLI, KANNUR DISTRICT-670 691.


             * R5 IS DELETED FROM THE PARTY ARRAY,AT THE RISK OF
             THE PETITIONER AS PER ORDER DATED 21.12.2020 IN IA
             01/2020 IN WP(C) 21240/2020



             SMT. NISHA BOSE, SR. GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   30.11.2021,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 21240 OF 2020              3



                                  JUDGMENT

The petitioners herein, after having worked as Craft Teachers/Drawing

Teachers/Needle Work Teachers, have retired from service on various dates.

The petitioners rely on Exhibits P1 to P4 orders and it is contended that

though they are entitled to approval on a full-time scale from the date of their

appointment, their appointments were approved only as part-time specialist

teachers. It is in the afore circumstances that they have approached this Court

challenging Ext.P15 order passed by the Government and for a further

direction to the respondents to approve the appointment of the petitioners as

Full-Time Specialist Teachers with effect from the date of their appointments

and for the grant of all consequential service benefits including monetary

benefits and other pensionary benefits.

2. It is contended that by Exhibit P5 order, the Government had

granted full-time benefit to 102 part-time specialist teachers who had

completed 15 years of service. By the said order all the petitioners except the

3rd petitioner were granted full-time benefit. Later by Exhibit P6 order, the

third petitioner was granted full-time scale with effect from 01/01/2010.

According to the petitioners, they are also entitled to approval on a full-time

scale from the date of their appointment. Reliance is placed on Exhibits P7 to

P12 orders and it is contended that the teachers included in the said order

were granted full-time benefits from the date of appointment. The petitioners

further contend that this Court in Exhibit P13 judgment dated 27/06/2019 had

ordered the Government to grant benefits to the petitioners in the said Writ

petition holding that they are also entitled to get the very same benefits as

provided to the teachers in Exhibit P5 Government order. Pursuant to orders

issued by this Court in Exhibit P14 judgment the request of the petitioners

were considered by the Government and the same was summarily rejected by

Exhibit P 15 order. The petitioners contend that Exhibit P 15 order cannot be

sustained.

3. Sri. T.T. Muhamood, the learned counsel appearing for the

petitioners, would point out that Ext.P15 order was challenged by teachers

similarly placed as the petitioners herein by preferring WP(C) No.21206 of

2020. This Court after evaluating all facts and circumstances and taking note

of the law laid down by this Court in Ext.P13 judgment had held that the

teachers therein are entitled to be granted Full-time status as specialist

teachers from the date on which they were initially appointed.

4. The learned Government Pleader has opposed the submissions

advanced by the learned counsel. However, it is fairly submitted that the issue

is covered by Exhibits P13 and P16 judgments.

5. I have anxiously considered the submissions. I find that the

grievance of the petitioners in this Writ petition is that they were granted full-

time status much after the initial engagement. The very same question was

raised by teachers similarly placed as the petitioners herein and this Court by

relying on the very same Government orders, by Exhibit P13 judgement, had

held that when the benefits were granted to similarly placed teachers,

teachers such as the petitioners cannot be singled out for being denied the

same. Later, the teachers whose requests were rejected by Exhibit P15

Government order had approached this Court and by judgment dated

16/07/2021 in W.P.(C) No. 21206 of 2020 had held that the teachers therein

were entitled to the benefit of full-time status from the date of the initial

appointment.

6. Having considered the submissions and the findings in Exhibit P13

and P16 judgments, I am firm in my view that the petitioners are identically

placed and are entitled to the very same benefits as have been extended to

teachers who are similarly placed as the petitioners. In view of the above,

there will be a declaration that the petitioners are entitled to be granted Full-

time status as Specialist Teachers from the date on which they were initially

appointed.

Resultantly, Ext.P15 Government Order will stand quashed. There will

be a direction to the respondents to grant notional benefits to the petitioners

with effect from their respective date of appointments and monetary benefits

from January 2005 in terms of Ext.P12 order. As the petitioners have retired

from service, their pensionary benefits shall be recomputed and entire

consequential benefits shall be disbursed within a period of four months from

the date of receipt of a copy of this judgment.

This Writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE NS

APPENDIX OF WP(C) 21240/2020

PETITIONER(S) EXHIBITS :

EXHIBIT P1 TRUE COPY OF ORDER NO.K.DIS/C/1796/01 DTED 15.05.2001.

EXHIBIT P2          TRUE COPY OF APPOINTMENT ORDER
                    NO.K.DIS/5867/87 DATED 20.10.1987.

EXHIBIT P3          TRUE COPY OF APPOINTMENT DATED 04.06.1984.

EXHIBIT P4          TRUE COPY OF ORDER NO.E/K.DIS/1767/91
                    DATED 18.03.1992 ISSUED BY THE AEO KANNUR
                    SOUTH.

EXHIBIT P5          TRUE COPY OF GO(MS)NO.257/G.EDN DATED
                    31.12.2009 ISSUED BY THE GOVERNMENT.

EXHIBIT P6          TRUE COPY OF ORDER NO.B/602/2010 DATED
                    16.11.2011 ISSUED BY THE AEO, KANNUR
                    NORTH.

EXHIBIT P7          TRUE COPY OF GO(MS) NO.113/2000/G.EDN
                    DATED 06.04.2000.

EXHIBIT P8          TRUE COPY OF GO(RT)NO.2173/17/G.EDN DATED
                    03.07.2017.

EXHIBIT P9          TRUE COPY OF GO(RT)NO.4337/2016/G.EDN
                    DATED 23.12.2016.

EXHIBIT P10         TRUE COPY OF GO(RT)NO.2406/2017/G.EDN
                    DATED 20.07.2017 GRANTING FULL TIME
                    BENEFITS TO CERTAIN OTHER TEACHERS.

EXHIBIT P11         TRUE COPY OF GO(RT)NO.2855/2017/G.EDN
                    DATED 18.08.2017.

EXHIBIT P12         TRUE COPY OF GO(RT)NO.793/2019/G.EDN DATED
                    28.02.2019.

EXHIBIT P13         TRUE COPY OF JUDGMENT DATED 27.06.2019 IN
                    WPC NO.23163/18.





EXHIBIT P14         TRUE COPY OF JUDGMENT DATED 12.12.2019
                    PASSED BY THIS HON'BLE COURT IN WPC
                    NO.34068/2019.

EXHIBIT P15         TRUE COPY OF GO(RT) NO.2372/2020/G.EDN
                    DATED 03.08.2020.

EXHIBIT P16         TRUE COPY OF JUDGMENT DATED 16.07.2021 IN
                    W.P.(C) NO.21206/2020 PASSED BY THE
                    HON'BLE COURT.

RESPONDENT(S) EXHIBITS :

ANNEXURE I          TRUE COPY OF INTERIM ORDER IN CIVIL APPEAL

NO.9884/2013 AND CONNECTED MATTERS ARISING FROM SLP(C) NO.18990/2013.

ANNEXURE II TRUE COPY OF JUDGMENT IN WRIT APPEAL NO.560/2013.

ANNEXURE III TRUE COPY OF JUDGMENT IN WRIT APPEAL NO.539/2013.