BHASKARA PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) These three petitions are by three "Language Teachers" in aided High Schools complaining of prejudicial treatment in the matter of promotions as first grade teachers.

(2.) The petitioner in O. P. No. 1519 of 1963 is a Hindi Vidwan, appointed on June 30, 1962, a Language Teacher in the E.C.E.K. Union High School, Kuthiyathodu. He has passed the B.A. Degree examination in September, 1956, and the B. Ed. degree examination in 1960.

(3.) Among the Language Teachers in the State employ are many graduates. They were treated as a class distinct from other graduate teachers and were not eligible for promotion to the post of Headmasters. While the Kerala Education Bill (subsequently become Act 6 of 1959) was pending consideration before the State Legislature, the Government wanted to do away with the anomaly 'of differentiating between graduates in Languages and graduates in other subjects' and declared by a G. O. dated November 7, 1958, that Language Teachers who are trained graduates would be promoted as Headmasters and Officers in the Education Department. To effectuate that policy, directions were issued by a G. O. dated July 1, 1959, to make an integrated list of first grade Graduate teachers and first grade Graduate Language teachers "as on July 1, 1959, taking into account the length of their continuous service in Grade I", and to promote the seniormost in such list as Headmasters. To make the parity more effective the ratio 2:7 maintained between first grade posts and second grade posts among the graduate teachers was extended by a G. O. dated September 29, 1961, to graduate Language teachers as well. By a G. O. issued on April 29, 1963, it was made clear that the said ratio 2:7 applies only to graduates among the Language teachers in High Schools, and that for non graduate teachers the ratio 1: 9 will continue as before.