High Court of KeralaWP(C)/3333/2015disposed of

Nasla K v. State Of Kerala

2015-02-03Honourable Mr. Justice A.Muhamed Mustaque5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 3RD DAY OF FEBRUARY 2015/14TH MAGHA, 1936 WP(C).No. 3333 of 2015 (N) --------------------------- PETITIONER(S)/PETITIONER:

------------------------- NASLA K, HIGH SCHOOL ASSISTANT, ENGLISH ISHATHUL ULOOM HIGH SCHOOL, PARAPPUR, KOTTAKKAL MALAPPURAM BY ADVS.SRI.AUGUSTINE JOSEPH SRI.K.S.ROCKEY SRI.TONY AUGUSTINE SRI.M.STEPHEN RESPONDENT(S)/RESPONDENTS:

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

1. STATE OF KERALA, REP BY THE SECRETARY, GENERAL EDUCATION GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001

2. THE DISTIRCT EDUCATIONAL OFFICER TIRUR, MALAPPURAM -676101

3. THE MANAGER, ISHATHUL ULOOM HIGH SCHOOL, PARAPPUR, KOTTAKKAL MALAPPURAM-676503 R BY GOVERNMENT PLEADER SRI.M.A.FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 3333 of 2015 (N) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- P1:-TRUE COPY OF THE APPOINTMENT ORDER DTD 30/7/2010 OF THE PETITIONER P2:-TRUE COPY OF THE GOVERNMENT ORDER DTD 19/1/2006 P3:-TRUE COPY OF THE PETITION DTD 10/11/2013 P4:-TRUE COPY OF THE ORDER OF THE IST RESPONDENT DTD 12/1/2015 P5:-TRUE COPY OF THE PETITION DTD 15/1/2015 RESPONDENT(S)' EXHIBITS ------------------------ : NIL /TRUE COPY/ P.S. TO JUDGE.

A.MUHAMED MUSTAQUE, J.

- - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 3333 OF 2015 - - - - - - - - - - - - - - - - - - - - Dated this the 3rd day of February, 2015

JUDGMENT

The petitioner was appointed in a leave vacancy with effect from 30/7/2010 in an aided school. She submitted that her appointment was in regular scale with effect from 30/7/2010 to 31/3/2011. Petitioner further submits that she is entitled to get approval for the remaining period with effect from 1-4-2011 to 31-5-2011. She submits that she is entitled to get approval of her appointment on regular scale from 30/7/2010 to 31/5/2012 since she was a Rule 51 A claimant. However, petitioner submits that approval of her appointment has been only granted on daily wages. She submitted that though his service was regularlised, she was paid regular scale pay excluding the period from 1-4-2011 to 31/5/2011. She submits that in view of the judgment of this Court in NSS v. State of Kerala (2013 (4) KLT 921), she is entitled for vacation salary. Therefore, the petitioner approached the

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Government by filing Ext.P5.

2. In view of pendency of Et.P5,.there shall be a direction to the Government to dispose of Ext.P5, after hearing the petitioner, within a period of three months from the date of receipt of a copy of this judgment.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, Judge.

dpk /true copy/ PS to Judge.

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