High Court of KeralaWP(C)/18826/2015disposed of

Kavitha P.Nair v. State Of Kerala

2015-07-28Honourable Dr. Justice A.K.Jayasankaran Nambiar3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 28TH DAY OF JULY 2015/6TH SRAVANA, 1937 WP(C).No. 18826 of 2015 (C) ---------------------------- PETITIONER(S):

-------------------------- KAVITHA P.NAIR, AGED 28 YEARS HIGH SCHOOL ASSISTANT (MALAYALAM) C.A.H.S.S KOYALMANNAM, PALAKKAD DISTRICT.

BY ADV. SRI.MVS.NAMBOOTHIRY RESPONDENT(S):

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

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

2. THE DEPUTY DIRECTOR OF EDUCATION PALAKKAD.

3. THE DISTRICT EDUCATIONAL OFFICER PALAKKAD.

4. THE MANAGER C.A.H.S.S KOYALMANNAM, PALAKKAD DISTRICT.

5. THE HEADMASTER C.A.H.S.S KOYALMANNAM, PALAKKAD DISTRICT.

6. THE REGIONAL DEPUTY DIRECTOR HIGHER SECONDARY EDUCATION, B2 BLOCK, CIVIL STATION MALAPPURAM.

R BY GOVERNMENT PLEADER SMT.M.J.RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 18826 of 2015 (C) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1. COPY OF THE APPOINTMENT ORDER OF THE PETITIONER WITH APPROVAL ENDORSED BY THE 3RD RESPONDENT.

EXHIBIT P2. COPY OF THE PROCEEDINGS DATED 14.11.14 ISSUED BY THE 6TH RESPONDENT.

EXHIBIT P3. COPY OF THE RELEVANT PAGES OF THE AUDIT OBJECTION ISSUED BY THE 2ND RESPONDENT.

RESPONDENT(S)' EXHIBITS:

NIL.

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

A.K.JAYASANKARAN NAMBIAR, J.

------------------------------- W.P.(C).NO.18826 OF 2015 (C) ----------------------------------- Dated this the 28th day of July, 2015

J U D G M E N T

It is not in dispute in the instant case that the issue involved in the writ petition is squarely covered by the decision of the Supreme Court in State of Kerala v. Sneha Cheriyan [2013 (1) KLT 755 (SC)] and of this Court in Nair Service Society v. State of Kerala [2014 (4) KLT 921]. Accordingly, Ext.P3 audit objection, as against the petitioner, stands quashed, and it is declared that the approval granted to the appointment of the petitioner as HSA (Malayalam) from 7.12.2010, on scale of pay basis, is legal and valid. The respondents shall disburse the monetary benefits flowing from the said approval, to the petitioner, if not already paid, within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed as above.

A.K.JAYASANKARAN NAMBIAR JUDGE prp