Pious A vs State Of Kerala,

Raja Vijayaraghavan V, J

The petitioner states that he commenced approved continuous service as a Non-vocational Lecturer in General Foundation Course (GFC) in

St.Michaels VHS School, Kumbalam, an Aided Vocational Higher Secondary School, under the 4th respondent management. By Ext.P3 order, the

scale of pay was sanctioned to the GFC teachers taking note of various aspects. In Ext.P3, it was ordered that the post of GFC teachers working on

consolidated pay be renamed as Non-vocational Teacher (Junior) with a scale of pay of Rs.9510-15510/-. Later, by Ext.P4 order, the Assistant

Directors of Regional Offices were directed to grant the very same scale of pay to all GFC teachers in aided schools and in accordance with the

same, the petitioner was also granted the very same scale of pay after redesignating his post as Non-vocational Teacher (Junior) in GFC.

According to the petitioner, by Ext.P5 order dated 30.8.2008, the Government has directed the Director to cancel Ext.P3 order. By Ext.P6 order,

the Director followed suit and cancelled Ext.P3. Thereafter, Ext.P7 order was passed by the Government limiting the benefits prospectively. Being

aggrieved by Ext.P7 order, certain persons similarly placed as the petitioner preferred W.P.(C) No. 8000/2015 and by judgment dated 27.11.2019, the

writ petition was disposed of with directions. Though the judgment was challenged in appeal, the same was dismissed by Ext.P9 judgment. Though a

review petition was filed, the same was dismissed by Ext.P10 order. According to the petitioner, in view of the above, all the GFC teachers

irrespective of whether they were qualified as per the Special Rules or not, were entitled to the benefits of scale of pay from March 2008 to

September 2008. According to the petitioner, he is also entitled to get the benefits granted vide Ext.P3 order and Ext.P8 judgment. In the said

circumstances, he has preferred Ext.P11 revision petition before the Government seeking to grant a regular scale of pay of Non-vocational Teacher

(Junior), in GFC with effect from 9.8.2007. It is contended that though the revision was filed as early as on 21.1.2021, no orders have been passed. It

is in the afore circumstances that the petitioner has approached this Court seeking the following reliefs:-

Call for the records relating to Ext.P6 order and set aside the original of the same by the issue of a writ of certiorari or other appropriate writ or order.

Issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents to grant regular scale of pay of Non Vocational Teacher (Junior)

in GFC with effect from 9.8.2007 the date when he was assigned the scale of pay of Rs.9190 - 15510 by the Director in terms of the provisions in the Special Rules in

force at that time to the petitioner.

Issue a writ of mandamus or other appropriate writ order or direction commanding the 1st respondent to consider and pass appropriate orders upon Ext.P11

Revision Petition after affording an opportunity of being heard to the petitioner within a time frame.

I have heard Sri. M.Sajjad, the learned counsel appearing for the petitioner and Smt.Nisha Bose, the learned Government Pleader.

Sri. Sajjad submitted that though various other reliefs are claimed, the petitioner limits his prayer for early consideration of Ext.P11 revision petition

in the light of Ext.P8 judgment.

The learned Government Pleader on instructions submits that the petitioner is not similarly placed as the petitioners who were granted reliefs as per

Ext.P8 judgment. However, it is submitted that since the limited relief is for expeditious consideration of Ext.P11, there cannot be any impediment.

Having regard to the facts and circumstances and the submissions made across the Bar, this writ petition is disposed of directing the 1st respondent

to pass final orders in Ext.P11 Revision Petition, with due notice to the petitioner and affected parties, if any. Orders shall be passed as per procedure

and in accordance with law expeditiously, in any event, within a period of two months from the date of production of a copy of this judgment.

The petitioner may produce a copy of the writ petition along with this judgment before the 1st respondent to ensure compliance.