LAWS(KER)-2009-12-88

SANGEETA G. P. Vs. STATE OF KERALA

Decided On December 22, 2009
Sangeeta G. P. Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) THESE writ petitions are at the instance of the petitioners who are having approved service as HSST (Junior) in various subjects in different schools. The main prayer in the writ petitions is to grant a declaration that they are entitled to Full Time scale of pay and other ancillary benefits admissible to the post of HSST, granted by Ext. P3 Government Order to their counter parts appointed as HSST (Part - time).

(2.) THE petitioners herein have been appointed in various schools prior to the introduction of the statutory rules in Chapter XXXII K.E.R. i.e., on 12/11/2001. They have been appointed as HSST Part - time / Junior in aided higher secondary schools by direct recruitment, during the years 1999, 2000 and 2001 and the orders of appointment have been produced in these writ petitions.

(3.) IT is pointed out that the very same criteria will have to be adopted in the case of the petitioners who were appointed under the 75% category in the aided higher secondary schools and there cannot be any discrimination as such in granting the scale of pay to them. They were also appointed pursuant to the method provided in Ext. P4 and with regard to the qualifications, nature of duties, workload, etc. there is no distinction between Part - time teachers appointed under 75% category and by transfer appointees under 25% category. It is therefore contended that the denial of the benefit to them amounts to discrimination. They therefore seek the same benefit granted to others in Ext. P3.