K. RAVEENDRANATH AGED 50 YEARS HIGHER SECONDARY SCHOOL TEAHCER PRMK HIGHER SECONDARY SCHOOL, P.O. THUVAKUNNU RESIDING AT KUNIYIL, P.O. CHERUPARMABA KANNUR DISTRICT Vs. STATE OF KERALA AND OTHERS

JUDGEMENT

(1.) The petitioner who has been working as Higher Secondary School Teacher (hereinafter referred to as 'HSST' for short) in Economics since 4.7.2001 has filed this writ petition challenging Ext.P6 order dated 8.6.2009 by which the full time benefit which was given to him in the year 2007 with effect from 16.7.2001 was withdrawn and his pay was re-fixed in the scale of pay of Rs. 5,500-9,075.00.

(2.) The petitioner commenced his service as High School Assistant (HSA) in PRMK Higher Secondary School, which is an aided school under the management of the 4th respondent, on 7.8.1991. He was appointed as HSST (Economics) in the same school with effect from 4.7.2001. As per Ext.P1, his appointment was approved as HSST(Jr.) in the scale of pay of Rs. 5500-9075.00 from 28.6.2004 onwards. Later by Ext.P2 order dated 10.7.2007 the approval was ante-dated with effect from 16.7.2001 and he was granted full time scale of pay as applicable to HSST. The grant of full time scale i.e Rs. 6675-10550.00 was granted in terms of G.O.(Ms) No.351/04/G.Edn. dated 20.11.2004, which is produced as Ext.P3. Thereafter, by Ext.P6 order dated 8.6.2009, the Director of Higher Secondary Education reviewed the fixation of pay, in respect of the petitioner, saying that the petitioner's appointment was not under "by transfer" method, as there are only 23 sanctioned posts in the school and the number of by transfer appointment admissible in the school under 25% quota is only 6. Petitioner was the 8th teacher appointed by the Manager from among the HSAs under the 25% quota for the by transfer category. The full time benefit was granted only to the teachers appointed from among the HSAs in aided schools coming within the 25% quota for appointment by transfer.

(3.) This writ petition is filed, challenging Ext.P6 order, on the ground that the full time scale granted to him as per Ext.P2 cannot be withdrawn, as he was appointed while he was working as High School Assistant and that Ext.P3 does not distinguish the teachers who are appointed from the school, for the purpose of grant of full time benefit.