High Court of KeralaWP(C)/933/2013disposed of

Sulfeth.T. v. State Of Kerala

2015-04-01Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 1ST DAY OF APRIL 2015/11TH CHAITHRA, 1937 WP(C).No. 933 of 2013 (N) -------------------------- PETITIONER(S):

-------------------------- SULFETH.T. AGED 28 YEARS D/O.USMAN T., KUTTAISSERI HOUSE, KUTHUKKAL ROAD MANJERI, MALAPPURAM DISTRICT.

BY ADVS.SRI.K.M.SATHYANATHA MENON SMT.KAVERY S THAMPI RESPONDENT(S):

----------------------------

1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM695 001.

2. THE DISTRICT EDUCATIONAL OFFICER WANDOOR, MALAPPURAM DISTRICT, PIN - 679 328.

3. THE MANAGER, THACHINGANADAM HIGH SCHOOL, THACHINGANADAM P.O. MALAPPURAM DISTRICT, PIN - 679 325.

R BY SR.GOVERNMENT PLEADER SMT.M.J.RAJASREE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC 933/2013 APPENDIX PETITIONER'S EXTS:

EXT.P1 TRUE COPY OF THE APPOINTMENT ORDER APPROVED BY R2 EXT.P2 TRUE COPY OF GO DT.10/06/2008 EXT.P3 TRUE COPY OF GO (P) NO.56/2011/G.EDN., DT.26/02/2011 EXT.P4 TRUE COPY OF THE JUDGMENT DT.3/10/2012 IN WPC 23773/2011 EXT.P5 TRUE COPY OF ORDER ISSUED BY THE SECRETARY, GENERAL EDN. (E) DEPT., DT.20/12/2014 RESPONDENT(S)' EXHIBITS : NIL ------------------------ ms \\TRUE COPY// P.S to Judge

A.MUHAMED MUSTAQUE, J.

~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.933/2013 ~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 1st Day of April, 2015

J U D G M E N T

The petitioner was appointed as High School Assistant on 07/07/2008.

However, approval of appointment of the petitioner was given effect only as daily wages from 07/07/2008 to 31/03/2009 and on regular basis from 01/06/2009 onwards.

In view of the fact that the petitioner's appointment was in a regular vacancy having duration of one year and above, I am of the view that the petitioner is entitled for regular scale of pay with effect from 07/07/2008 onwards in the light of the judgment of this Court in Unni Narayanan K. and others v. State of Kerala and others [2009 (2) KLT 604] and the judgment of the Hon'ble Supreme Court in State of Kerala and others v. Sneha Cheriyan [2013 (1) KLT 755 (SC)]. Therefore, necessary orders shall be passed to

W.P.(C).No.933/2013 -:2:- approve the appointment of the petitioner from 07/07/2008 onwards in regular scale of pay and thereafter disburse the entire arrears of pay within a period of three months.

The writ petition is disposed of as above. No costs.

SD/- A.MUHAMED MUSTAQUE, JUDGE ms