SHAFI O.P. Vs. STATE OF KERALA

JUDGEMENT

(1.) These three writ petitions are filed by Resource Teachers appointed in Government schools/aided schools in the State based on contract for the reliefs related to regularisation of their service as well as for parity in pay scale and other service benefits along with regular teachers in the State.

(2.) W.P.(C).No.2470 of 2013 is filed by 433 teachers, W.P.(C).No.25574 of 2013 is filed by four teachers and W.P.(C).No.1181 of 2014 is filed by 11 teachers working in Government and aided schools. All these teachers have put at least 2 to 15 years of service in the respective schools.

(3.) Before proceeding to consider the crux of the issue, it is appropriate to refer the background of special education in the State. The Central Government formulated a scheme called Integrated Education for the Disabled Children (IEDC). This scheme was first introduced in the year 1974. The scheme intends to subserve teaching of the disabled students. The State of Kerala appears to be first among the States to implement the scheme with 100% financial support of Government of India in the year 1974. The teachers were appointed purely on contract basis for an academic year. During the year 2001 onwards, the Resource Teachers were appointed by the District Panchayat concerned. The Government of India revived the IEDC Scheme with a new scheme, namely, Inclusive Education for Disabled at Secondary Stage (IEDSS) with effect from 01/04/2009. Qualification of the Resource Teachers was also fixed by the Ministry of Human Resources Development. Taking note of the new qualification, the teachers who were not qualified as per the new scheme of IEDSS were terminated. These teachers were appointed by the District Panchayat. The qualified teachers are alone retained in the service.