KOCHU NAIR Vs. DIRECTOR OF PUBLIC INSTRUCTION KERALA

JUDGEMENT

(1.) The order of the Director of Public Instruction dated 12-9-67 once challenged in O. P. No. 3779 of 1967 before this Court is once again the subject of challenge in this petition.

(2.) By judgment dated 18th February, 1969 Gopalan Nambiyar, J. dismissed that O. P. on the ground that the order dated 12-9-67, already referred to. produced in that O.P. as Ext. P21, (it is Ext. P1 here) was in accordance with an order G. O. (MS) 356/64/Edn. dated 8-7-64 and there was no challenge of that order and that the State Government which passed the order was no party to that O. P. These defects have now been cured by making the State a party and by including a prayer for setting aside the order G. O. (MS) 356/64/Edn. dated 8-7-64.

(3.) The order G.O.(MS) 356/64/Edn. dated 8-7-64 has been challenged in this original petition on the ground that it has not been uniformly applied and that notwithstanding the provision therein the teachers similarly placed as detailed in Ext. P4 statement have been given the benefit of the new scale of pay of Rs. 80-5-120-7 1/2-165 which was also applicable to the First Grade Hindi Pandits to which class the petitioner belonged, whereas it has been denied to the petitioner.