P.RADHAMANI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner says that she was appointed as a Higher Secondary School Teacher (Junior) [HSST (Jr)] on 25.07.2001, in the services of the 'H.S.S., Thivampady'; and that she has been forced to approach this Court impugning Ext.P9 order of the 2nd respondent-Director of General Education (DGE), declining her the benefit of Ext.P3 Government Order, dated 20.11.2004, which in effect denied the claim for full-time benefits.

(2.) The petitioner says that Ext.P3 order was issued specifically to grant full-time benefits to all HSST Juniors, who were appointed 'by Transfer' from among High School Teachers, Upper Primary School Teachers and Lower Primary School Teachers during the period between 13.05.1998 and 12.11.2001, as was offered to the transferees in the Government School through Ext.P12 Government Order, dated 13.05.1998. She asserts that even though, through Ext.P3, all Higher Secondary School Teachers in the school were given full-time status during the period between 07.12.1999 and 12.11.2001 - during when matters were pending before the Honourable Supreme Court (commonly referred to as the 'Dollichan' case) and the notification of the Special Rules - she has been singled out to be denied this benefit through Ext.P9 proceedings of the 2nd respondent, merely saying that her appointment was not within the statutorily fixed 25% quota from among the High School Teachers.

(3.) The petitioner contends that Ext.P9 is completely without basis because it has upset the settled positions in law, particularly that appointments between 07.12.1999 and 12.11.2001 need not have complied with the statutory ratio because the matter was pending before the Honourable Supreme Court and the Special Rules had not been published until latter date. She, therefore, prays that Ext.P9 be set aside and the competent educational Authorities be directed to grant her the benefit of Full-Time Higher Secondary School Teacher as per Ext.P3, within a time frame to be fixed by this Court.