STATE OF KERALA Vs. BESSY MATHEW

JUDGEMENT

(1.) State of Kerala and one of its officers are in appeal against the judgment of a learned Single Judge of this court in W.P (C) No.8000/2015 where it was held that the Writ Petitioners who were initially appointed on consolidated wages in aided vocational higher secondary schools are entitled to the benefit of a Government Order granting to them a scale of pay of Non-Vocational Teachers (Junior) from an earlier date.

(2.) The short facts are that the petitioners were working as Non- Vocational Teachers in 'General Foundation Course' in various aided Vocational Higher Secondary Schools. It is the case of the writ petitioners that they were selected following a transparent selection process and further that they are fully qualified to be appointed to the post. The appointment orders pertaining to the petitioners which are produced as Annexure-P1 series show that all the petitioners except the 2 nd petitioner were appointed on a consolidated pay. It is the case of the petitioners that by Ext.P2 order the Special Rules namely the Kerala Vocational Higher Secondary Education State Service Rules, 2004 and the Kerala Vocational Higher Secondary Education Subordinate Service Ru.es, 2004 were mutatis-mutandis made applicable to the aided vocational Higher Secondary Schools as well. Initially through Ext.P3 order the Director of Vocational Higher Secondary Education ('the Director') issued sanction for re-designation of the post of General Foundation course teachers working in aided Vocational Higher Secondary Schools as Non-Vocational Teachers (Junior) and also directed that the scale of pay of Rs.9190-15510/- which was extended to Non-Vocational Teachers (Junior) in VHSE Department and working below 15 hours per week shall be extended to such teachers in the aided sector as well. This was followed by a circular (Ext.P4) whereby certain clarifications were issued by the Director of VHSE regarding fixation of pay etc. However by Ext.P5 order the Director cancelled the proceedings marked as Ext.P3. It is the case of the petitioners that this was done without any notice to them.

(3.) They also contend that following the earlier order of the Director they were paid salary in the scale of pay indicated which was withdrawn following the issuance of Ext.P5. Following representations etc., on 29-05-2013 the Government issued Ext.P.6 order sanctioning the scale of pay of the Non-Vocational Teachers (Junior) to persons like the petitioners as well. The Government however directed that this benefit will apply only prospectively. The decision to restrict the benefits by granting them with prospective effect instead of granting it at least from the date on which the Director initially granted the scale of pay through Ext.P.3 was challenged by filing W.P (C) No.8000/2015. The learned Single Judge considered the matter in detail and found that limiting the benefit of scale of pay to the writ petitioners from the date of Ext.P6 order alone is arbitrary and illegal.