INDIRA, M. Vs. STATE OF KERALA

JUDGEMENT

(1.) These Original Petitions and O. P. No. 10125 of 1989 have come before us pursuant to the order of reference dated 25th June 1996 by a Division Bench, which held that the decision in W. A. Nos. 965 of 1987 and 51.9 of 1.988 requires re - consideration. The Division Bench itself had them on a reference made by order passed on O. P. No. 301 of 1988 dated 10th January 1993, where a doubt was expressed as to the correctness of some of the findings and observations in the above writ appeals. But before we consider the questions raised in these Original Petitions, we must record the submission that O. P. No. 1.0125 of 1.989 is in regard to a different question, which will not fall for consideration along with the above Original Petitions, where alone common questions of law are involved. Accordingly that Original Petition shall stand deleted from O. P. Nos. 301 of 1988 and 31.13 of 1989 and is directed to be placed before the appropriate court.

(2.) The petitioners are respectively Headmistresses of Parvathi Vilasom L.P.S., Kailasamkunnu and U.M.A.L.P.S. Chathangottupuram, under the management of the concerned Managers arrayed as respondents 3 and 4 in those Original Petitions. The order of appointment of the petitioner in O.P. No. 301 of 1988 is Ext. P1. The other petitioner was stated to have been appointed as Headmistress on 13th June 1976. These appointments were approved by the Assistant Educational Officers, Kilimanoor and Quilon respectively. The staff fixation of Parvathi Vilasom L. P. School was made as per Ext.'P - 2 order dated 15th July 1976, where the post of Headmaster was also included among the staff of the school. As per G.O. (Ms.) 55/73 / G. Edn., dated 24th April 1973, which is Ext. P - 3 in O.P. 301 of 1988 (Ext. P1 in the other O.P.), the Government sanctioned a new scale of pay for Headmasters of L.P. and U.P. schools with effect from 1st June 1973. They have said that they were not given that scale of pay, which was subsequently revised with effect from Ist July 1,978 in view of G.O.(Ms.)242/74 / G.Edn., dated 11th December 1974, which is Ext. P - 4 in O.P. 301 of 1988 and Ext. P - 2 in the other O.P. One Ambika Kumari Amma, Headmistress, Ayiravilly U. P. School, who was similarly placed as the petitioners, challenged Ext. P - 4 / P - 2 in O. P. No. 3260 of 1980 and by Ext. P - 5 / P - 3 Judgment this Court repelled the contention of the Government and held that Headmasters of both aided and Government Upper Primary Schools should get the same scale of pay, that the Government Order violated the said rule and it was accordingly set aside. It was further held that:

(3.) Claiming the same benefits as granted to Ambika Kumari Amma, petitioners submitted representations. By G.O. (Rt.) No. 884/86 / G. Edn., dated 10th March 1986, the petitioner in O.P. No. 301 of 1988 was found entitled to get the Headmasters' scale of pay from 1st July 1976. Copy of the order is Ext. P - 7. But in the case of the other petitioner, Government turned down her request by Order, Ext. P - 9 in O.P. No. 3113 of 1989 on the ground that she will be entitled to claim Headmasters' scale only after completing 15 years of service as a teacher, relying upon Ext. P - 10 order, which was already considered in O.P. No. 3160 of 1980, where it was held that it will not apply to appointments made earlier than 1st July 1978, the date on which the order was given effect to. It is submitted by petitioner in O.P. No. 301 of 1988 that in spite of Ext. P - 7 Government Order, she was not given the Headmasters' scale of pay. Allegedly the Assistant Educational Officer wrote to the Director of Public Instruction that she could not be paid Headmasters' scale since the school became a High School only during 1980. He had in turn informed the Government as per Ext. P - 8 dated 22nd July 1986. She sent a detailed representation on 10th September 1987 to the Government, copy of which is Ext. P - 9. Thereafter, the Government as per G.O. (Rt.) No. 30911/87 / G. Edn, dated 19th October 1987, copy of which is Ext. P - 10, cancelled Ext. P - 7, whereby she was held not entitled to claim Headmasters' scale of pay from the date of her appointment. The petitioner in O.P. No. 3113 of 1.989 received Ext. P - 11 communication dated 5th June 1985, to which she sent Ext. P - 12. Since nothing was heard, she filed O.P. No. 10812 of 1985 to quash Ext. P - 9 and for a direction to give her the scale of pay as due to Headmasters from 13th June 1976, that was dismissed as per Ext. P - 13, against which she filed W.A. No. 66 of 1986, pending which the Government amended R.1 in Chap.26 of the K.E.R, by substituting sub-rule (1) in the place of the earlier one, as per G.O. (P) No. 136/88 / G.Edn., dated 8th September 1988, copy of which is Ext. P - 11 in O.P. No. 301 of 1988 and Ext. P - 14 in the other. Eventually by Ext. P - 15 (in O.P. No. 3113 of 1989) Judgment the Writ Appeal was dismissed as withdrawn, giving the petitioner liberty to file a fresh petition challenging the amendment to the rule as aforesaid. In both these petitions petitioners have challenged Ext. P11/14 as illegal, unconstitutional and ultra vires. The petitioner in O.P. No. 301 of 1988 has prayed for the following, reliefs: