Priya George v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN TUESDAY, THE 27TH DAY OF OCTOBER 2015/5TH KARTHIKA, 1937 WP(C).No. 14839 of 2015 (D) ---------------------------- PETITIONER(S):
-------------------------- PRIYA GEORGE U.P.S.A, ST.STEPHEN'S GIRLS HIGH SCHOOL KEERAMPARA P.O., KOTHAMANGALAM-686 681.
BY ADVS.SRI.ELVIN PETER P.J.
SRI.T.G.SUNIL (PRANAVAM) SRI.K.R.GANESH RESPONDENT(S):
----------------------------
1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM-695 001.
2. THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM-695 001.
3. THE DEPUTY DIRECTIOR OF EDUCATION ERNAKULAM.
4. THE DISTRICT EDUCATIONAL OFFICER KOTHAMANGALAM-686 691.
5. THE MANAGER ST.STEPHEN'S EDUCATIONAL AGENCY, CHELAD, KEERAMPARA KOTHAMANGALAM-686 681.
R BY GOVERNMENT PLEADER SMT. A. LOWSY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 14839 of 2015 (D) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1.
TRUE COPY OF THE ORDER DATED 9/7/2008 ISSUED BY THE 5TH RESPSONDENT EXT.P2.
TRUE COPY OF THE ORDER NO.B3-4505/2008/D.DIS DATED 19/1/2009 ISSUED BY THE 4TH RESPONDENT.
EXT.3.
TRUE COPY OF THE G.O.(P) NO.10/10/G.EDN. DATED 12/1/2010 ISSUED BY THE 1ST RESPONDENT EXT.4.
TRUE COPY OF STAFF FIXATION ORDER DATED 8/11/2010 ISSUED BY THE 4TH RESPONDENT EXT.P5.
TRUE COPY OF THE G.O.(P) NO.56/11/G.EDN. DATED 26/2/2011 ISSUED BY THE 1ST RESPONDENT EXT.P6.
TRUE COPY OF THE ORDER NO.B4/11372/K.DIS DATED 8/2/2012 ISSUED BY THE 3RD RESPONDENT EXT.P7.
TRUE COPY OF THE ORDER NO.EC2/64122/12001/K.DIS DATED 25/3/2013 ISSUED BY THE 2ND RESPONDENT EXT.P8.
TRUE COPY OF THE JUDGMENT DATED 4/2/2015 IN WPC NO.3572/2012 OF THIS HONOURABLE COURT.
EXT.P9.
TRUE COPY OF THE REVISION PETITION SUSBMITTED BY THE 5TH RESPONDENT BEFORE THE GOVERNMENT RESPONDENT(S)' EXHIBITS:
NIL --------------------------------------- // TRUE COPY // P.A TO JUDGE.
SB
K. VINOD CHANDRAN, J.
===================== ====================== Dated this the 27th day of October, 2015
J U D G M E N T
The petitioner was appointed as an U.P.S.A on 09.07.2008 as per Ext.P1. The staff fixation order at Ext.P2 dated 09.01.2009 provided for the post of U.P.S.A, but no sanction was granted for reason of a ban on appointments. By Ext.P3 Government Order dated 12.01.2010, the ban was lifted and the appointment made during such period were also directed to be approved. On the lifting of the ban for granting approval to the teachers, who were appointed during the ban period, it was also stipulated in Ext.P3 that an agreement had to be executed by the Manager to accommodate protected teachers for the next arising vacancies. The Assistant Educational Officers were directed to verify the student strength and sanction posts as per
the requirement under Kerala Education Rules. Ext.P4 is the staff fixation order sanctioning the U.P.S.A post in 2008-09 and 2009-10.
2. Admittedly, the Manger had executed an agreement as directed in Ext.P3. Subsequently approval was granted as per endorsement in Ext.P1, which however was only w.e.f. 09.07.2008 to 31.03.2009 on a daily wage basis, which was for the reason that appointment was made to a vacancy after the commencement of the academic year.
3. In fact Government Order No.56 of 2011, directed any appointment made, having 8 months duration to be approved regularly. However, the educational authorities were of the opinion that the Government Order does not have a retrospective effect and hence the earlier period can only be approved as on daily wages.
4. The issue is no longer res integra, since the same
has been considered by this Court in Nair Service Society v. State of Kerala v. [2013 (4) KLT 921]. The said decision proceeded on the basis of the decision of the Hon'ble Supreme Court in State of Kerala v. Sneha Cheriyan [2013 (1) KLT 755 (SC)]that, if the appointment is made to a regular post, even if it is in the midst of an academic year, the same has to be regularised as a regular appointment and not on daily wage basis.
5. In such circumstance, the petitioner's appointment has to be approved from the date of his initial appointment especially since there was a substantive vacancy arising as on that date. The approval granted in Ext.P1 shall stand modified to the extend that the petitioner is regularly appointed form 09.07.2008 itself. The written orders shall be passed in accordance with the directions herein above within a period of one month from the date of receipt of the certified copy of this
judgment and the salary disbursed within a period of two months thereafter.
The writ petition is allowed.
Sd/- K. VINOD CHANDRAN, JUDGE SB/28/ 10/2015 // True copy // P.A to Judge.