High Court of KeralaWP(C)/15072/2014disposed of

Haridareshmi.R. v. The State Of Kerala

2015-03-25Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 25TH DAY OF MARCH 2015/4TH CHAITHRA, 1937 WP(C).No. 15072 of 2014 (H) ---------------------------- PETITIONER:

------------------- HARIDARESHMI.R., AGED 32 YEARS, WIFE OF SUVINSUNDAR, HIGH SCHOOL ASSISTANT(ENGLISH), M.K.A.M.HIGH SCHOOL, P.O.PALLANA-690 515, ALAPPUZHA DISTRICT.

BY ADVS.SRI.M.SAJJAD SRI.V.RAJASEKHARAN NAIR RESPONDENT(S):

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

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

2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-695 014.

3. THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA-688001.

4. THE DISTRICT EDUCATIONAL OFFICER, ALAPPUZHA DISTRICT - 688 011.

5. THE MANAGER.

M.K.A.M. HIGH SCHOOL, PALLANA, PALLANA-690 515 ALAPPUZHA DISTRICT.

R1 TO R4 BY GOVT. PLEADER SMT.SUNITHA VINOD R5 BY ADV. SRI.V.A.MUHAMMED THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25-03-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

mbr/

WP(C).No. 15072 of 2014 (H) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXT.P1 - TRUE COPY OF THE ORDER OF APPOINTMENT OF THE PETITIONER DATED 6-6-2007.

EXT.P2 - TRUE COPY OF THE PETITION FILED BY THE MANAGER DATED 30-05-2008.

EXT.P3 - TRUE COPY OF THE PETITION FILED BY THE PETITIONER DATED 18-10-2012.

EXT.P4 - TRUE COPY OF THE REPLY DATED 22-5-2013 OF THE GOVERNMENT ALONG WITH REPORT OF THE DISTRICT EDUCATIONAL OFFICER DATED 30-03-2013.

EXT.P5 - TRUE COPY OF THE G.O(P)NO.104/2008/G.EDN. DATED 10-6-2008 OF THE GOVERNMENT.

EXT.P6 - TRUE COPY OF THE G.O(P)NO.56/2011/G.EDN. DATED 26-2-2011 OF THE GOVERNMENT.

EXT.P7 - TRUE COPY OF THE G.O(P)NO.144/2013/G.EDN. DATED 22-4-2013 OF THE GOVERNMENT.

EXT.P8 - TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 7-6-2014.

RESPONDENT(S)' EXHIBITS:

- NIL --------------------------------------- /TRUE COPY/ P.S. TO JUDGE mbr/

A.MUHAMED MUSTAQUE, J.

***************************************************** W.P.(C) No.15072 of 2014 ***************************************************** Dated this the 25th day of March, 2015

JUDGMENT

The petitioner was appointed as High School Assistant (English) from 6.6.2007 in a regular vacancy. The appointment was approved with effect from 6.6.2007 to 31.3.2008 on daily wage basis and thereafter, from 2.6.2008 onwards on regular scale of pay. The petitioner submits that she is entitled for regular scale of pay in the light of the judgment of this Court in State of Kerala and Others v. Sneha Cheriyan and Another [2013(1) KLT 755]. The issue is covered in favour of the petitioner in the light of Sneha Cheriyan's case (supra). Thus, the petitioner is entitled for regular scale of pay with effect from 6.6.2007 onwards. I am of the view, the issue is covered in favour of the petitioner. Therefore, the petitioner is entitled for regular scale of pay with effect from 6.6.2007 onwards. The monetary benefits shall be released to the petitioner within a period of three months.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln