High Court of KeralaWP(C)/16306/2015disposed of

Sandhyamol.P.R v. State Of Kerala

2015-06-17Honourable Dr. Justice A.K.Jayasankaran Nambiar5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR WEDNESDAY, THE 17TH DAY OF JUNE 2015/27TH JYAISHTA, 1937 WP(C).NO. 16306 OF 2015 (K) ---------------------------- PETITIONER(S):

-------------- SANDHYAMOL.P.R, W/O.RAJESHKUMAR K.R., POOVARASUMMOOTTIL HOUSE THIRUMOOLAPURAM PO, THIRUVALLA PATHANAMTHITTA-689 115 (HIGH SCHOOL ASSISTANT (ENGLISH) SREE NARAYANA VILASAM SANSKRIT HIGH SCHOOL (SNV SANSKRIT HS) THIRUMOOLAPURAM PO, THIRUVALLA) BY ADV. SRI.S.SUBHASH CHAND RESPONDENT(S):

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

2. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER THIRUVALLA-689 001.

3. THE MANAGER, SREE NARAYANA VILASAM SANSKRIT HIGH SCHOOL (SNV SANSKRIT HS) THIRUMOOLAPURAM PO, THIRUVALLA-689 541.

BY GOVERNMENT PLEADER SMT.M.J.RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).NO. 16306 OF 2015 (K) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------- P1 : TRUE COPY OF THE APPOINTMENT ORDER DATED 30-7-2008 UPON WHICH RESPONDENT NO.2 HAS ENDORSED THE APPROVAL ORDER BEARING NO.B1/5475/10/D.DIS DATED 22-10-2011 P2 : TRUE COPY OF THE GOVERNMENT ORDER BEARING GO(P) NO.104/2008/G.EDN DATED 10-6-2008.

P3 : TRUE COPY OF THE APPOINTMENT ORDER DATED 19-6-2009 ISSUED BY RESPONDENT NO.3 AND APPROVED BY RESPONDENT NO.2. P4 : TRUE COPY OF THE APPROVED APPOINTMENT ORDER DATED 18-7-2007 ISSUED BY RESPONDENT NO.3 P5 : TRUE COPY OF THE GOVERNMENT ORDER DATED 26-12-2014 PASSED BY RESPONDENT NO.1.

P6 : TRUE COPY OF GOVERNMENT ORDER DATED 24-12-2014 PASSED BY RESPONDENT NO.1 P7 : TRUE COPY OF THE STATUTORY REVISION PETITION DATED 6-4-2015 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.1. RESPONDENT(S)' EXHIBITS:NIL ------------------------ //TRUE COPY// P.A TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

............................................................. Dated this the 17th day of June, 2015 J U D G M E N T The petitioner, who was appointed in a regular vacancy of UPSA at the Sreenarayana Vilasam Sanskrit High School, Thirumoolapuram, with effect from 30.07.2008, is aggrieved by the decision of the educational authority in not granting approval to the said appointment on the regular scale of pay. It is her case in the writ petition that, the appointment for the period from 30.07.2008 to 31.03.2009 was approved only on daily wages, and the approval on regular scale of pay was granted only with effect from 01.06.2009. The petitioner is therefore aggrieved by the nonapproval, on a regular scale of pay, for the period from 30.07.2008 to 31.03.2009.

There is also a prayer for the grant of vacation salary during the year in question. I note that, agitating her grievance, the petitioner has preferred Ext.P7 revision petition before the 1st respondent. In the light of the decision of the Supreme Court in State of Kerala v. Sneha Cherian [2013 (1) KLT 755], I am of the view that, the 1st respondent can take an expeditious decision in the matter. Thus, I dispose the writ petition with a direction to the 1st respondent to consider and pass orders on Ext.

decision of the Supreme Court referred to above, as also Exts.P5 and P6 orders that have been issued by the 1st respondent in respect of other teachers in the same School. The 1st respondent shall pass orders as directed within a period of one month from today, after hearing the petitioner. To enable the 1st respondent to do so, I direct the petitioner to produce a copy of the writ petition along with a copy of this judgment before the 1st respondent for further action.

A.K.JAYASANKARAN NAMBIAR JUDGE mns