High Court of KeralaWP(C)/11941/2015disposed of

M.Shabnamol v. The 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. 11941 of 2015 (P) ---------------------------- PETITIONER(S):

-------------- M.SHABNAMOL AGED 23 YEARS WIFE OF MUNEER, L.G.SANSKRIT TEACHER (APRT-TIME) ST.THOMAS U.P.SCHOOL, SOORANAD, KOLLAM DISTRICT. BY ADVS.SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENT(S):

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

1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM-695001.

2. THE DIRECTOR OF PUBLIC INSTRUCTIONS JAGATHY, THIRUVANANTHAPURAM-695014.

3. THE DEPUTY DIRECTOR OF EDUCATION THEVALLY, KOLLAM DISTRICT-691009.

4. THE ASSISTANT EDUCATIONAL OFFICER SASTHAMCOTTA, KOLLAM DISTRICT-690521.

5. THE CORPORATE MANAGER MMC CORPORATE MANAGEMENT SCHOOLS CATHOLICATE ARAMANA, DEVALOKAM, KOTTAYAM-686004.

6. THE HEADMASTER ST.THOMAS U.P.SCHOOL, SOORANAD KOLLAM DISTRICT-690522.

R BY GOVERNMENT PLEADER(SR): ADV.SRI.M A FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 11941 of 2015 (P) APPENDIX PETITIONER(S)' EXHIBITS :

----------------------- EXHIBIT-P1: TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 17.6.2009.

EXHIBIT-P2: TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 1.6.2010.

EXHIBIT-P3: TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 01.02.2015 WITHOUT EXHIBITS RESPONDENT(S)' EXHIBITS:NIL True Copy/ P A to Judge

A.MUHAMED MUSTAQUE, J.

========================= W.P(C).No.11941 of 2015 ============================ Dated this the 09th day of April, 2015

JUDGMENT

Petitioner was appointed against a regular vacancy with effect from 17.06.2009. Petitioner's grievance is that her appointment was approved on daily wage basis from 17.06.2009 to 31.03.2010 and thereafter on regular scale of pay from 01.06.2010 onwards. Petitioner submits that in terms of the decision of the Supreme Court in Sneha Cheriyan Vs. State of Kerala (2013(1) KLT 755) she is entitled to get approval on scale of pay basis from 17.06.2009 onwards. Petitioner approached the Government by Ext.P3 revision claiming approval of scale of pay from the date of appointment.

In the light of the above, there shall be a direction to the first respondent to consider and pass appropriate orders on Ext.P3 revision petition after affording an opportunity of hearing to 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.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sbna/17/04/15