REKHA B Vs. STATE OF KERALA

JUDGEMENT

(1.) HEARD Sri. N. Sasidharan Unnithan, the learned counsel appearing for the petitioners and Sri. A. J. Varghese, the learned government Pleader appearing for respondents 1 and 2. Since respondents 3 and 4 will not be adversely affected by the order that i propose to pass, I do not deem it necessary to issue notice to or hear them.

(2.) THE petitioners were initially appointed as Lower Division clerk and Vocational Instructor respectively, in the fourth respondent's school. The first petitioner was appointed on 20. 10. 1997 and the second petitioner on 27. 10. 1997. Though the vocational higher secondary classes commenced in the fourth respondent's school in the year 1997, the posts were sanctioned only in the year 1998. Therefore the petitioners were not paid salary and allowances applicable to them. After the posts were sanctioned, the selection process was undertaken and the petitioners were selected and appointed on 18. 3. 1999 and 1. 6. 1999 respectively. After they were thus appointed salary and allowances were disbursed with effect from 18. 3. 1999 and 1. 6. 1999. It appears that along with the petitioners certain other persons were also likewise appointed before the posts were sanctioned. They were also paid salary and allowances only after they were regularly appointed. Their claim for payment of salary at the rates applicable to guest staff, was also not sanctioned.

(3.) SOME of the persons appointed along with petitioners moved the Government. By Ext. P1 order dated 4. 2. 2005, the government directed that they will be paid remuneration applicable to the guest teachers. Claiming the same benefits, the petitioners moved the Government in Ext. P2 representation. Thereafter they filed W. P. (C) No. 32721 of 2008 in this Court seeking expeditious disposal of Ext. P2. The said writ petition was disposed of by Ext. P4 judgment delivered on 6. 11. 2008. Exts. P1 and P2 produced along with this writ petition were produced in W. P. (C) No. 32721 of 2008 also. However in Ext. P4 judgment by an inadvertent mistake it was stated that Ext. P1 is the representation filed by the petitioners. On that basis this Court directed the Government to consider Ext. P1 and pass orders thereon.