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
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
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
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
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
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.
