Unnikrishnan P vs State Of Kerala
2025 Latest Caselaw 4852 Ker

Kerala High Court

Unnikrishnan P vs State Of Kerala on 6 March, 2025

Author: N.Nagaresh

Bench: N.Nagaresh

                                           2025:KER:19973

        IN THE HIGH COURT OF KERALA AT ERNAKULAM

                        PRESENT

          THE HONOURABLE MR.JUSTICE N.NAGARESH

THURSDAY, THE 6TH DAY OF MARCH 2025 / 15TH PHALGUNA, 1946

                 WP(C) NO. 8773 OF 2025

PETITIONERS:

    1    UNNIKRISHNAN P.
         AGED 59 YEARS
         S/O. PURUSHOTHAMAN PILLAI, DRAWING TEACHER
         (RETIRED) , MIM UP SCHOOL,
         CHENKULAM, P.O. OYOOR, KOLLAM DISTRICT,
         RESIDING AT 'KALA', MALAPPEROOR, MANJAPPARA
         P.O., AYOOR, KOLLAM DISTRICT.,
         PIN - 691533

    2    USHA ALEXANDER
         AGED 61 YEARS
         W/O. G.ABRAHAM, SEWING TEACHER (RETIRED),
         MIM UP SCHOOL CHENKULAM, P.O. OYOOR,
         KOLLAM DISTRICT, RESIDING AT 'ABHUSHAS',
         VILAVOORKONAM P.O., KALLUVATHUKKAL,
         KOLLAM DISTRICT., PIN - 691578

    3    C. MURALEEDHARAN PILLAI
         AGED 68 YEARS
         S/O. G. CHELLAPPAN PILLAI,
         PHYSICAL EDUCATION TEACHER (RETIRED),
         SAB UP SCHOOL CHEPPRA, CHEPPRA P.O., VELIYAM,
         KOTTARAKKARA, KOLLAM DISTRICT, RESIDING AT
         'LEKSHMEEVILASOM', KUDAVATTOOR P.O.,
         ODANAVATTOM, KOLLAM DISTRICT.,
         PIN - 691512

    4    MARYKUTTY G.
         AGED 67 YEARS
         W/O. DANIEL V.C., SEWING TEACHER (RETIRED),
         SC LP SCHOOL VALAKOM, VALAKOM P.O., KOLLAM
         DISTRICT, RESIDING AT 'ELIPPAMOOTTIL',
                                             2025:KER:19973
WP(C) NO.8773 of 2025

                             2


          AMPALAKKARA P.O., KOLLAM DISTRICT.,
          PIN - 691532

    5     VIJAYAKUMARI AMMA G.
          AGED 67 YEARS
          W/O. LATE B.CHANDRA SEKHARAN PILLAI,
          PHYSICAL EDUCATION TEACHER (RETIRED), UP SCHOOL
          KUDAVATTOOR, KUDAVATTOOR P.O., KOLLAM DISTRICT,
          RESIDING AT 'VAISHNAVAM', ELAYAM,
          VAKKANADU P.O., KOLLAM DISTRICT.,
          PIN - 691509

    6     SUSEELA B.
          AGED 68 YEARS
          W/O. LATE NEELAMBARAN K., DRAWING TEACHER
          (RETIRED), D. KRISHNAN POTTY MEMORIAL HIGH
          SCHOOL KOTTAVATTOM,
          KOTTAVATTOM P.O., KOLLAM DISTRICT,
          RESIDING AT 'THEJUS', ELAMADU P.O.,
          AYOOR, KOLLAM DISTRICT., PIN - 691533

    7     Y. THOMAS
          AGED 62 YEARS
          S/O. I. YOHANNAN, DRAWING TEACHER (RETIRED),
          UP SCHOOL KUDAVATTOOR, KUDAVATTOOR P.O.,
          KOLLAM DISTRICT, RESIDING AT 'PORUNNEL PUTHEN
          VEEDU', TRIPPILAZHIKOM P.O.,
          KOLLAM DISTRICT., PIN - 691509

    8     AMBILY S.K.
          AGED 56 YEARS
          W/O. PRASAD J., SEWING TEACHER (RETIRED),
          UP SCHOOL ATTOORKONAM, KARINGANNOOR P.O.,
          KOLLAM DISTRICT, RESIDING AT 'UDAYAM',
          ATTOORKONAM, KARINGANNOOR P.O.,
          KOLLAM DISTRICT., PIN - 691516


          BY ADVS.
          BABU JOSEPH KURUVATHAZHA
          C.P.SIVADASAN NAIR
                                              2025:KER:19973
WP(C) NO.8773 of 2025

                             3




RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
          DEPARTMENT OF GENERAL EDUCATION,
          GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.,
          PIN - 695001

    2     ACCOUNTANT GENERAL (A&E)
          KERALA, AG'S OFFICE COMPLEX,
          CANTONMENT STATION ROAD, STATUE, PALAYAM,
          THIRUVANANTHAPURAM., PIN - 695001

    3     DIRECTOR OF GENERAL EDUCATION
          DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
          THIRUVANANTHAPURAM., PIN - 695014

    4     DEPUTY DIRECTOR OF EDUCATION
          KOLLAM, O/O THE DDE KOLLAM, THEVALLY, KOLLAM
          DISTRICT., PIN - 691009

    5     DISTRICT EDUCATIONAL OFFICER
          KOTTARAKKARA, O/O THE DEO KOTTARAKKARA,
          KOLLAM DISTRICT., PIN - 691506

    6     ASSISTANT EDUCATIONAL OFFICER VELIYAM
          O/O THE AEO VELIYAM, ODANAVATTOM P.O.,
          KOLLAM DISTRICT., PIN - 691512


          SMT.ANIMA M., GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP           FOR
ADMISSION ON 06.03.2025, THE COURT ON THE SAME           DAY
DELIVERED THE FOLLOWING:
                                                2025:KER:19973
WP(C) NO.8773 of 2025

                                  4




                           JUDGMENT

Dated this the 6th day of March, 2025

The petitioners joined in service as Probationary

Specialist Teachers and their services were regularised long

after their continuous service.

2. The Government issued Exts.P13 to P15, P19 and

P19(a) orders in identical situation extending the Full Time

benefits of part time teachers with effect from their

appointments by regularising their service with pay and

allowances with retrospective effect. Relying upon those

orders, the Division Bench of this Court issued Ext.P16

judgment, based upon Exts.P17 and P18 judgments of the

Hon'ble Apex Court.

3. Claiming similar benefits, the petitioners submitted

Ext.P20 representation before the 1st respondent. However, 2025:KER:19973 WP(C) NO.8773 of 2025

no action has been taken by the 1 st respondent so far.

Aggrieved by the delay in considering Ext.P20 representation,

the petitioners have approached this Court filing this writ

petition.

4. I have heard the learned counsel for the petitioners

and the learned Government Pleader representing the

respondents.

5. The grievance of the petitioners is that the

petitioners are not extended with the Full Time benefit with

effect from the date of initial appointment by regularising their

service, with pay and allowance.

6. Going through the pleadings, I find that the

petitioners have preferred Ext.P20 representation in this

regard. In the facts of the case, it would be only just and

proper that the 1st respondent considers Ext.P20

representation and takes a decision thereon, in accordance 2025:KER:19973 WP(C) NO.8773 of 2025

with law.

The writ petition is accordingly disposed of directing the

1st respondent to consider Ext.P20 representation and take

appropriate decision thereon within a period of four months,

adverting to Exts.P19 and P19(a) also.

Sd/-

N.NAGARESH JUDGE hmh 2025:KER:19973 WP(C) NO.8773 of 2025

APPENDIX OF WP(C) 8773/2025

PETITIONERS' EXHIBITS

Exhibit-P1 TRUE COPY OF THE CERTIFICATE ISSUED BY THE HEADMISTRESS, MIM UP SCHOOL, CHENKULAM, PERTAINING TO THE SERVICE RENDERED BY THE 1ST PETITIONER.

Exhibit-P2 TRUE COPY OF THE 1ST PAGE OF THE PENSION PAYMENT ORDER OF THE 1ST PETITIONER DATED 09.06.2021.

Exhibit-P3 TRUE COPY OF THE CERTIFICATE DATED 12.02.2025 ISSUED BY THE HEADMISTRESS OF MIM UP SCHOOL, CHENKULAM, PERTAINING TO THE SERVICE RENDERED BY THE 2ND PETITIONER.

Exhibit-P4 TRUE COPY OF THE 1ST PAGE OF THE PENSION PAYMENT ORDER OF THE 2ND PETITIONER DATED 05.06.2020.

Exhibit-P5 TRUE COPY OF THE CERTIFICATE DATED 06.02.2025 ISSUED BY THE HEADMISTRESS SAB UP SCHOOL, CHEPRA, PERTAINING TO THE SERVICE RENDERED BY THE 3RD PETITIONER.

Exhibit-P6 TRUE COPY OF THE STATEMENT OF FIXATION OF PAY IN THE REVISED SCALE SANCTIONED AS PER G.O.(P) NO.85/2011/FIN DATED 26.2.2011, EXERCISED BY THE 3RD PETITIONER.

Exhibit-P7 TRUE COPY OF THE CERTIFICATE DATED 12.02.2025 ISSUED BY THE HEADMISTRESS, SCLP SCHOOL, VALAKOM, PERTAINING TO THE SERVICE RENDERED BY THE 4TH PETITIONER.

2025:KER:19973 WP(C) NO.8773 of 2025

Exhibit-P7(a) TRUE COPY OF THE PROCEEDING OF THE ASSISTANT EDUCATIONAL OFFICER, VELIYAM, BEARING ORDER NO.F.1377/88 DATED 3.5.2009, REVISING THE SCALE OF PAY OF THE 4TH PETITIONER.

Exhibit-P8 TRUE COPY OF THE ORDER OF APPOINTMENT DATED 22.06.1981 ISSUED BY THE MANAGER OF UPS, KUDAVATTOOR, APPOINTING THE 5TH PETITIONER AS PROBATIONARY PHYSICAL EDUCATION TEACHER.

Exhibit-P9 TRUE COPY OF THE CERTIFICATE DATED 10.02.2025 ISSUED BY THE HEADMASTER, D. KRISHNAN POTTY MEMORIAL HIGH SCHOOL, KOTTAVATTOM IN KOLLAM DISTRICT, PERTAINING TO THE SERVICE RENDERED BY THE 6TH PETITIONER.

Exhibit-P10 TRUE COPY OF THE RELEVANT PAGES OF THE STATEMENT OF FIXATION OF PAY, IN THE REVISED SCALE SANCTIONED AS PER G.O. (P) NO.85/2011/FIN DATED 26.2.2011, EXERCISED BY THE 6TH PETITIONER.

Exhibit-P11 TRUE COPY OF THE ORDER OF APPOINTMENT, DATED 02.06.1986, APPOINTING THE 7TH PETITIONER AS PART TIME DRAWING TEACHER.

Exhibit-P11(a) TRUE COPY OF THE STATEMENT OF FIXATION OF PAY IN THE HIGHER GRADE OF TEACHERS DATED 22.6.2018, PERTAINING TO THE SERVICE OF THE 7TH PETITIONER.

Exhibit-P11(b) TRUE COPY OF THE ORDER OF APPOINTMENT DATED 01.06.1988 APPOINTING THE LAST PETITIONER AS PROBATIONARY SEWING TEACHER.

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Exhibit-P12 TRUE COPY OF THE CERTIFICATE DATED 07.02.2025 ISSUED BY THE HM, UP SCHOOL, ATTOORKONAM, PERTAINING TO THE SERVICE RENDERED BY THE 8TH PETITIONER.

Exhibit-P12(a) TRUE COPY OF THE 1ST PAGE OF THE PENSION PAYMENT ORDER DATED 15.05.2024 PERTAINING TO THE SERVICE RENDERED BY THE 8TH PETITIONER.

Exhibit-P13 TRUE COPY OF G.O.(RT) NO.5081/2000/G.EDN. DATED 12.12.2000 ISSUED BY THE 1ST RESPONDENT.

Exhibit-P14 TRUE COPY OF G.O. (RT) NO.1324/2001/G.EDN. DATED 30.3.2001 ISSUED BY THE 1ST RESPONDENT.

Exhibit-P15 TRUE COPY OF G.O. (RT) NO.3269/05/G.EDN. DATED 1.7.2005 ISSUED BY THE 1ST RESPONDENT.

Exhibit-P16 TRUE COPY OF THE JUDGMENT DATED 26.9.2017 IN W.A. NO.1854/2013 OF THIS HON'BLE COURT.

Exhibit-P17 TRUE COPY OF THE JUDGMENT OF THE HON'BLE SUPREME COURT IN MAHARAJ KRISHNAN BHATT AND ANOTHER V. STATE OF JAMMU AND KASHMIR AND OTHERS (2008) 9 SCC 24).

Exhibit-P18 TRUE COPY OF THE JUDGMENT OF THE HON'BLE SUPREME COURT IN UNION OF INDIA & OTHERS V. N.S. RATHNAM AND SONS (2015) 10 SCC 681.

Exhibit-P19 TRUE COPY OF G.O.(RT) 2025:KER:19973 WP(C) NO.8773 of 2025

NO.3853/2024/GEDN DATED 18.6.2024 ISSUED BY THE 1ST RESPONDENT.

Exhibit-P19(a) TRUE COPY OF G.O.(RT) NO.7457/2024/GEDN DATED 21.10.2024 ISSUED BY THE 1ST RESPONDENT.

Exhibit-P20 TRUE COPY OF THE REPRESENTATION DATED 15.2.2025 SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT.