2025:KER:27416 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 12872 OF 2025 PETITIONER: JAHFAR P. AGED 55 YEARS, S/O ABOOBACKER P, VOCATIONAL INSTRUCTOR (MLT), CALICUT GIRL’S VHSS, KUDUNGAL, KOZHIKODE (RESIDING ATPUTHUPARAMBATH, MADAVOOR P.O, NARIKUNI VIA KOZHIKODE DISTRIC), PIN – 673003. BY ADVS. V.A.MUHAMMED M.SAJJAD RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM, PIN – 695001. 2 THE DIRECTOR OF GENERAL EDUCATION, (VOCATIONAL HIGHER SECONDARY WING),JAGATHY, THIRUVANANTHAPURAM, PIN – 695014. W.P.(C)No.12872 of 2025 :2: 2025:KER:27416 3 THE ASSISTANT DIRECTOR, VOCATIONAL HIGHER SECONDARY EDUCATION, REGIONAL OFFICE, VADAKARA, KOZHIKODE DISTRICT, PIN – 673101. 4 THE PRINCIPAL, CALICUT GIRL’S VHSS, KUDUNGAL, KOZHIKODE DISTRICT, PIN – 673003. BY ADV.SMT.ANIMA M, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.12872 of 2025 :3: 2025:KER:27416 J U D G M E N T Dated this the 28th day of March, 2025 The petitioner commenced service as Part Time Instructor in MLT in Calicut Girl’s VHSS School with effect from 08.01.1994 on hourly basis. Later, Government issued Ext.P1 order dated 13.01.1997, re-designating the post of Part Time Instructor as Vocational Instructor and sanctioning scale of pay to that post. 2. Since the initial appointment of the petitioner as Part Time Instructor was not followed by a selection process, the benefits of Ext.P1 was extended to the petitioner only with effect from 05.08.1997, after convening a Selection Committee. Accordingly, his pay was fixed in the 1997 pay revision with effect from that date. Still later, Government, as per Ext.P3 Government order dated 13.12.200, required to treat the Part W.P.(C)No.12872 of 2025 :4: 2025:KER:27416 Time Service of Vocational Instructor from 1992 to 12.01.1997 as Full Time Service on a regular time scale on notional basis and the entire service of the petitioner from 08.01.1994 was reckoned for service benefits, following Ext.P4 judgment and P5 order of the Director. 3. The petitioner submits that though the service of the petitioner from 08.01.1994 onwards is reckoned for service benefits, his pay in the 1997 pay revision was fixed with effect from 05.08.1997 prior to Ext.P3. Accordingly, since his service from 08.01.1994 is regularised, he is entitled to come over to 1997 pay revision with effect from 01.03.1997. 4. I find that as against Ext.P11, the petitioner has preferred Ext.P12 revision petition. In the facts of the case, it would be only just and proper that the 1st respondent considers Ext.P12 and takes appropriate decision thereon in accordance with law within a reasonable time. W.P.(C)No.12872 of 2025 :5: 2025:KER:27416 The writ petition is accordingly disposed of directing the 1st respondent to consider Ext.P12 revision petition and take appropriate decision thereon within a period of four months, in the light of Ext.P14 Government Order. Sd/- N. NAGARESH JUDGE ams W.P.(C)No.12872 of 2025 :6: 2025:KER:27416 APPENDIX OF WP(C) 12872/2025 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE G.O (MS) NO. 13/1997/G.EDN. DATED 13.01.1997 Exhibit P-2 TRUE COPY OF THE ORDER NO. E3/1370/98 DATED 18.04.1998 OF THE DIRECTOR OF VOCATIONAL HIGHER SECONDARY EDUCATION Exhibit P-3 TRUE COPY OF THE G.O(MS) NO. 408/2002/G.EDN.DATED 13.12.2002 Exhibit P-4 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 28086/2006 DATED 15.11.2011 Exhibit P-5 TRUE COPY OF THE ORDER NO. E3/16239/2006 DATED 09.01.2012 Exhibit P-6 TRUE COPY OF THE ORDER NO. VHS/18(A)/2012 DATED 30.01.2012 OF THE PRINCIPAL Exhibit P-7 TRUE COPY OF THE ORDER NO. B-251/2012 DATED 26.04.2012 OF THE ASSISTANT DIRECTOR Exhibit P-8 TRUE COPY OF THE PAY REVISION ORDER G.O(P) NO. 3000/1998//FIN DATED 25.11.1998 Exhibit P-9 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE PRINCIPAL DATED 20.05.2024 Exhibit P-10 TRUE COPY OF THE PROCEEDING OF THE PRINCIPAL VIDE NO. K.DIS 43(A) DATED 24.05.2024 W.P.(C)No.12872 of 2025 :7: 2025:KER:27416 Exhibit P-11 TRUE COPY OF THE LETTER NO. ROVHSE,-VKA / 424/2024-C DATED 28.11.2024 OF THE ASSISTANT DIRECTOR ADDRESSING THE PRINCIPAL Exhibit P-12 TRUE COPY OF THE REVISION PETITION SUBMITTED BEFORE THE GOVERNMENT DATED 11.12.2024 Exhibit P-13 TRUE COPY OF THE FORWARDING THE LETTER NO. VHS/123/2024 DATED 18.12.2024 OF THE PRINCIPAL ADDRESSING THE DIRECTOR OF GENERAL EDUCATION (VHSE SECTION) Exhibit P-14 TRUE COPY OF THE G.O (RT) NO. 4450/2017/G.EDN. DATED 20.11.2017