GRACY Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is a non cadre II Grade Professor in Physical Education in a Government College. By this writ petition she seeks a direction to the respondents for payment of salary and allowances due to her for the period she was denied promotion as Instructor in Polytechnic and as Lecturer in Government College. The petitioner was initially recruited into Government service on 21-3-1959 as a Teacher in Physical Education in a Government High School. As per G.O.MS. 613/ Edn. dated 9-11-1965 the Government had prescribed the qualifications and the procedure for recruitment as Physical Education Teacher in Government High Schools and for their promotion to the higher categories of Instructor in Polytechnics and of Lecturer in Government Colleges. The qualifications prescribed were a Degree of a recognised University and a Diploma in Physical Education awarded by Government College of Physical Education or other recognised institution. The feeder category for promotion to the posts of Instructors in Polytechnics is of Teachers in Physical Education in Government High Schools. It is only in the absence of personnel in the feeder category that direct recruitment is permitted. Further promotion to the posts of Lecturers in Government Colleges is from among Instructors in Polytechnics and it is only in their absence direct recruitment is to be resorted to. The 2nd respondent, the Director of Collegiate Education, called for applications from Physical Education Teachers in Government High Schools in the year 1965 for promotion to four posts of Instructors in Government Polytechnics. The petitioner was fully qualified. Her application was however rejected for the reason that being a woman she is not eligible for appointment to the post. The 2nd respondent thereafter requested the Kerala Public Service Commission to select four candidates for appointment by direct recruitment.

(2.) It is clear from the judgments Exts. P7 and P3 that the petitioner was wrongly declined promotion to the post of Instructor in Physical Education in Polytechnic for the reason that she is a woman. It was for that reason that this Court directed her retrospective promotion with effect from the dates on which Santhamma, a direct recruit, was appointed as Instructor in Polytechnic and promoted as Lecturer in Government College. Ext. P5 order of Government had rectified the mistakes and the petitioner was given retrospective promotions with effect from the, dates on which she was entitled to such promotions. The only question now before us is as to whether the petitioner is entitled to salary and allowances as Instructor from 9-11-1967 and as Lecturer from 5-12-1967 with effect from which dates the petitioner is given promotions as per Ext. P5 order of Government.

(3.) Khalid J. (as he then was) in the decision in Narayana Menon v. State of Kerala ( 1978 KLT 29 ) after consideration of the case law on the point has stated thus at page 32:-