Petitioner challenged denial of enhanced honorarium for pre-primary teacher appointed after relevant date. Court noted later government communication clearing petitioner's entitlement. Petition disposed of with direction to pay arrears from April 2014.
Directed 4th respondent to pay honorarium at Rs. 5,000/- with arrears from April 2014 within one month.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY, THE 5TH DAY OF JANUARY 2015/15TH POUSHA, 1936
WP(C).No. 31828 of 2014 (C) ----------------------------
PETITIONER(S):
JEETHY C.CHERIYAN AGED 39 YEARS W/O. BIJU JACOB, MULAKKAL HOUSE, MUNDATHANAM P.O. KANGAZHA KOTTAYAM DISTRICT (NOW WORKING AS PRE PRIMARY SCHOOL TEACHER GOVERNMNET HIGH SCHOOL, VAZHOOR, KOTTAYAM)
BY ADV. SRI.A.SHAFEEK (KAYAMKULAM)
RESPONDENT(S):
1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 695 001.
2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM- 695 014.
3. THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM - 686 001.
4. THE DISTRICT EDUCATION OFFICER, KANJIRAPALLY - 686 570.
5. GOVERNMENT HIGH SCHOOL, VAZHOOR - 686 504, REPRESENTED BY ITS HEADMISTRESS.
R BY GOVERNMENT PLEADER: SRI VIJULAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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APPENDIX
PETITIONER(S)' EXHIBITS:
EXHIBIT-P1-TRUE COPY OF THE PRE PRIMARY TEACHER TRAINING CERTIFICATE ISSUED BY THE GOVERNMENT OF KERALA.
EXHIBIT-P2-TRUE COPY OF THE ORDER DATED 26/09/2012 SANCTIONING PRE PRIMARY SCHOOL AT THE 5TH RESOPNDENT SCHOOL ISSUED BY THE 3RD RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION.
EXHIBIT-P3-TRUE COPY OF THE G.O(RT) 465/88/G.EDN. DATED 06/02/1988
EXHIBIT-P4-TRUE COPY OF THE G.O(RT0 2453/88/G.EDN. DATED 05/07/1988
EXHIBIT-P5-TRUE COPY OF THE G.O(MS) 385/2012/G.EDN. DATED 07/12/2012 ISSUED BY THE IST RESPONDENT.
EXHIBIT-P6-TRUE COPY OF THE G.O(MS) 146/2013/G.EDN. DATED 25/04/2013 ALONG WITH ITS ENGLISH TRANSLATION.
EXHIBIT-P7-TRUE COPY OF THE LETTER DATED 17/12/2012 OF THE 5TH RESPONDENT TO THE 4TH RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION.
EXHIBIT-P8-TRUE COPY OF THE CERTIFICATE DATED 23/09/2014 ISSUED BY THE 5TH RESPONDENT ALONG WITH ITS ENGLISH TRANLSATION.
EXHIBIT-P9-TRUE COPY OF THE CIRCULAR NO. NS 4/44009/14/DPI DATED 28/06/2014 ALONG WITH ITS ENGLISH TRANSLATION.
EXHIBIT-P10-TRUE COPY OF THE REPLY DATED 28/08/2014 SENT BY THE 3RD RESPONDENT ALONG WITH ITS ENGLISH TRANSLATION.
EXHIBIT-P11-TRUE COPY OF THE REPLY DATED 10/10/2014 SENT BY THE 2ND RESPONDENT ALONG WITH ITS ENGLISH TRANLSATION.
RESPONDENT(S)' EXHIBITS:NIL
True Copy/
P A to Judge
A.MUHAMED MUSTAQUE, J.
=========================
W.P(C).No.31828 of 2014C
============================ Dated this the 05th day of January, 2015
JUDGMENT
Petitioner is working as pre-primary school teacher attached to Government High School, Vazhoor. Petitioner has been appointed by the Parent-Teachers Association. Pre-primary teachers was paid honorarium at the rate of 3,500/-. The Division Bench of this Court in the judgment in **Kerala Pre-primary Teachers and Ayahs Association and Ors. Vs. State of Kerala and Anr. (2012(3) KHC 608)** held that pre-primary teachers are entitled for 5,000/- as honorarium and Government was directed to pay honorarium at the rate of `5,000/-. Judgment was rendered on 01.08.2012. Petitioner was appointed with effect from 16.10.2012. The Government by Ext.P5 Government Order dated 07.12.2012 ordered that all pre-primary qualified teachers are entitled for honorarium at the rate of Rs.5,000/- with effect from 01.08.2012. Petitioner accordingly was paid honorarium at the above rate till March 2014. However, this was abruptly stopped. It is stated in Ext.P10 order that only persons who are in service as on 01.08.2012 alone are eligible for honorarium and petitioner's appointment only subsequent to 01.08.2012 is not entitled for
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honorarium based on Ext.P5 Government order. The Director of Public Instruction affirmed the decision of the Deputy Director of Education as made in Ext.P10 by Ext.P11 order. It is challenging these orders petitioner filed this Writ Petition.
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honorarium to the petitioner. There shall be a direction to the 4th respondent to pay the honorarium at the rate of `5,000/- to the petitioner along with arrears from April 2014 onwards within a period of one month from the date of receipt of a copy of this judgment.
The Writ Petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE, JUDGE.
Sbna/05/01/15
3 issues framed by the court
Whether the writ petitioner, appointed as a pre-primary teacher after the qualifying date, is entitled to the enhanced honorarium of Rs. 5,000/- ordered by a previous judgment.
Whether any bar on new appointments existed at the time of the petitioner's appointment affecting eligibility for enhanced pay.
Whether the directorate's denial of enhanced honorarium based on the strict interpretation of a government order was justified.
Colour shows how this judgement treated each authority
Kerala Pre-primary Teachers and Ayahs Association and Ors. Vs. State of Kerala and Anr.Applied¶40
Kerala Pre-primary Teachers and Ayahs Association and Ors. Vs. State of Kerala and Anr. (2012(3) KHC 608)
1 provisions across 1 enactments
JEETHY C.CHERIYAN
STATE OF KERALA
SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT
DIRECTOR OF PUBLIC INSTRUCTIONS
DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM
DISTRICT EDUCATION OFFICER, KANJIRAPALLY
A.MUHAMMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
