High Court of KeralaWP(C)/6690/2015disposed of

Nisha Rani v. The State Of Kerala

2015-03-19Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 19TH DAY OF MARCH 2015/28TH PHALGUNA, 1936 WP(C).No. 6690 of 2015 (I) --------------------------------------- PETITIONER(S) :

-------------------------- NISHA RANI.V.V, AGED 40 YEARS, W/O.MURALIDHARAN.P.K, SANSKRIT TEACHER, MUNDERI CENTRAL U.P.SCHOOL, PO MUNDERI, KANNUR, NORTH KANNUR.

BY ADVS.SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE RESPONDENT(S) :

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

1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

2. ASSISTANT EDUCATIONAL OFFICER, KANNUR NORTH, PIN-670 001.

3. MANAGER, MUNDERI CENTRAL U.P.SCHOOL, PO MUNDERI, PIN-670 591. R1 & R2 BY SR.GOVERNMENT PLEADER SRI.V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

Msd.

WP(C).No. 6690 of 2015 (I) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:

TRUE COPY OF APPOINTMENT ORDER DATED 04.06.2008. EXT.P2:

TRUE COPY OF ORDER DATED 29.03.2012 OF 2ND RESPONDENT. EXT.P3:

TRUE COPY OF THE DECISION REPORT IN 2013(1)KHC 660(SC) DATED 20.02.2013.

EXT.P4:

TRUE COPY OF DECISION IN 2013(4) KHC SN 35.

EXT.P5:

TRUE COPY OF THE REPRESENTATION DATED 15.01.2015. RESPONDENT(S)' EXHIBITS ----------------------------------------- NIL //TRUE COPY// P.S.TO JUDGE.

Msd.

A. MUHAMED MUSTAQUE, J.

------------------------------------------------ W.P.(C) No.6690 of 2015 ------------------------------------------------ Dated this the 19th day of March, 2015

JUDGMENT

The petitioner was appointed as Sanskrit Teacher in Munderi Central U.P. School, by the Manager on 04.06.2008. However, the petitioner's approval of appointment in regular pay scale was only with effect from 01.06.2009 onwards and the period from 04.06.2008 to 31.03.2009 was approved only on daily wages.

2. The issue is covered in favour of the petitioner in the light of the decision reported in 'State of Kerala & others v. Sneha Cherian & another' [2013 (1) KHC 666 (SC) SN 35].

3. In the light of the above dictum, and since the petitioner has been appointed in a regular vacancy, she is entitled for approval of appointment from 04.06.2008 on a regular scale of pay. If any amount is due to the petitioner, the same shall be paid within a period of three months from the date of receipt of a copy of this judgment.

W.P.(C) No.6690 of 2015 The writ petition is disposed of as above.

Sd/- A. MUHAMED MUSTAQUE, JUDGE.

//true copy// P.S. to Judge st/-