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High Court of KeralaWP(C)/6326/2013disposed of

Jayasree T.G. v. State Of Kerala

2015-04-09Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 9TH DAY OF APRIL 2015/19TH CHAITHRA, 1937 WP(C).No. 6326 of 2013 (M) --------------------------- PETITIONER(S):

-------------- JAYASREE T.G.

CLUSTER RESOURCE CENTRE CO-ORDINATOR (CRC CO-ORDINATOR), BLOCK RESOURCE CENTRE ARANMULA ARANMULA, MEZHUVELI PATHANAMTHITTA, RESIDING AT SREEPADMAM, MOONNALAM ADOOR P.O., PATHANAMTHITTA - 689 001.

BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S):

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

1. STATE OF KERALA REP. BY THE SECRETARY DEPARTMENT OF GENERAL EDUCATION GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 695 001.

2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM - 695 004.

3. THE DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA - 689 001.

4. THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA - 689 001.

5. THE MANAGER, P.GOVIND PILLA MEMORIAL HIGH SCHOOL FOR BOYS, PARAKKODE (P.O) PATHANAMTHITTA - 691 554.

6. THE HEADMISTRESS, P.GOVIND PILLA MEMORIAL HIGH SCHOOL FOR BOYS, PARAKKODE P.O.

PATHANAMTHITTA - 691 554.

R1-R4 BY ADV. GOVERNMENT PLEADER: ADV. SMT. SUNITHA VINOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 6326 of 2013 (M) APPENDIX PETITIONER'S EXHIBITS:

EXT.P1: TRUE COPY OF THE APPOINTMENT ORDER DATED 3/6/2008 ISSUED BY THE 5TH RESPONDENT.

EXT.P2: TRUE COPY OF THE APPOINTMENT ORDER DATED 1-6-2009. EXT.P3: TRUE COPY OF THE APPEAL DATED 26/3/2009 SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 3RD RESPONDENT.

EXT.P4: TRUE COPY OF THE ORDER NO.K.DIS.B4/8928/09 DATED 15/7/2009 ISSUED BY THE 3RD RESPONDENT.

EXT.P5: TRUE COPY OF THE APPEAL DATED 28/07/2009 FILED BY THE 5TH RESPONDENT BEFORE THE 1ST RESPONDENT.

EXT.P6:TRUE COPY OF THE LETTER DATED 6/4/2010 ISSUED BY THE 1ST RESPONDENT.

EXT.P7: TRUE COPY OF G.O.(P) NO.56/11/G.EDN DATED 26/02/2011. EXT.P8: TRUE COPY OF THE REVIEW PETITION DATED 8/4/2011 FILED BY THE MANAGER BEFORE THE 3RD RESPONDENT.

EXT.P9: TRUE COPY OF THE LETTER DATED 25/5/2011 ISSUED BY THE 3RD RESPONDENT.

EXT.P10: TRUE COPY OF THE LETTER DATED 11/5/2011 ISSUED BY THE 1ST RESPONDENT.

EXT.P11: TRUE COPY OF THE JUDGMENT DATED 28/7/2010 IN WPC NO.31639/2009.

RESPONDENTS' EXHIBITS : NIL True Copy/ P A to Judge

A.MUHAMED MUSTAQUE, J.

========================= W.P(C).No.6326 of 2013 ============================ Dated this the 09th day of April, 2015

JUDGMENT

Petitioner was appointed as U.P.S.A in a regular vacancy on 03.06.2008. However, approval of appointment from 03.06.2008 to 31.03.2009 was granted to the petitioner on daily wage basis and thereafter from 01.04.2009 onwards on regular scale of pay. Petitioner relies on the judgment of this Court in State of Kerala Vs. Sneha Cherian (2013(1) KLT 755) and submits that petitioner is entitled for approval from the date of appointment.

2.

In the light of the judgment referred above, there shall be a direction to the first and second respondents to approve the appointment of petitioner on regular scale of pay and disburse arrears of salary within a period of three months from the date of receipt of a copy of this judgment.

The Writ Petition is disposed of.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sbna/18/04/15