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Antony Joseph, H.S.S.T (Jr.), P.H.S.S. vs State of Kerala and Others

High Court Of Kerala · Decided on 21 March 2011 · Citation: (2011) 03 KL CK 0217

HON’BLE JUDGES
T.R. Ramachandran Nair, J
CASE NUMBER
Writ Petition (C) No. 32260 of 2010

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Judgment

5 paragraphs · 282 words

T.R. Ramachandran Nair, J.—The Petitioner, who is working as H.S.S.T (Junior) in Panthallur Higher Secondary School, Malappuram District, has approached this Court by filing this writ petition seeking to quash Exts.P6 and P7 and for a direction to the Respondents to reconsider the Petitioner''s case in the light of the power vested in the Government under Chapter 1 Rule 3 of the Kerala Education Rules. Mainly it is prayed that the Petitioner may be granted the scale of pay of H.S.S.T (Senior).

2.

During the pendency of the writ petition, the Petitioner has filed a representation as per Ext.P8 before the Government which is produced along with I.A. No. 4843/2011.

3.

It is the case of the Petitioner that in Malappuram District, Petitioner is the second senior most H.S.S.T among the H.S.S.T teachers in the District as per the seniority list. But, still he is continuing as H.S.S.T (Junior) since the number of periods for the subject is less than 16 in the Petitioner''s school, whereas many of the Petitioner''s juniors are continuing as H.S.S.T (Senior) only on the basis that there are more than 16 periods for the subject in the respective schools. It is submitted that this is an anomaly to be rectified in the Special Rules itself. It is up to the Government to take a decision on Ext.P8 representation. It is pointed out that the Petitioner will be retiring within one year.

There will be a direction to the Government to take a decision on Ext.P8 representation, after hearing the Petitioner and the Manager, within a period of four months from the date of receipt of a copy of this judgment.

This writ petition is accordingly disposed of.