High Court of KeralaWP(C)/19978/2015disposed of

M.S.Shibu v. The State Of Kerala

2015-07-03Honourable Dr. Justice A.K.Jayasankaran Nambiar3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 3RD DAY OF JULY 2015/12TH ASHADHA, 1937 WP(C).No. 19978 of 2015 (V) ---------------------------- PETITIONER(S):

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1. M.S.SHIBU, AGED 32 YEARS PHYSICAL EDUCATION TEACHER LIGHT TO THE BLIND SPECIAL SCHOOL, VARKALA

2. T.R. SOUMYA GEORGE, HSA (PHYSICAL SCIENCE), VRINDAVAN HS, VLATHANKAR NEYYATTINKARA BY ADVS.SRI.C.P.SUDHAKARA PRASAD (SR.) SRI.S.RAMESH SRI.NAVEEN.T SMT.POOJA SURENDRAN RESPONDENT(S):

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

2. THE DISTERICT EDUCATION OFFICER ATTINGAL 695 101

3. THE DISTRICT EDUCATION OFFICER NEYYATINKARA 695 0121

4. THE DEPUTY DIRECTOR OF EDUCATION THIRUVANANTHAPURAM 695 001

5. THE MANAGER, LMS SCHOOLS PALAYAM, THIRUVANANTHAPURAM 695 001

6. THE MANAGER, VRINDAVAN HS, VLATHANKARA, NEYYANTTINKARA 695 121 R BY GOVERNMENT PLEADER SMT.M.J.RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 19978 of 2015 (V) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1: A TRUE COPY OF THE ORDER OF APPOINTMENT DATED 1/10/12 EXRT.P1(A): A TRUE COPY OF THE ORDER APPROVAL GRANTED BY THE 2ND RESPONDENT NO. B5/6274/12/D.DIS DATED 4/5/13 EXT.P2; A TRUE COPY OF THE APPOINTMENT ORDER DATED ORDER DATED 23/11/2009 EXT.P3: A TRUE COPY OF THE STAFF FIXTION ORDER OF THE DEO, ATTINGAL DATED 13/8/2010 EXT.P4: A TRUE COPY OF THE STAFF FIXATION ORDER DEO, ATTINGAL DATED `18/8/2009 EXT.P5: A TRUR COPY OF HE GOVERNMENT ORDER NO. G.O.NO.62/73/S. EDN DATED 2/5/1973 EXT.P6: A TRUE COPY OF THE GOVERNEMNT ORDER NO G.L(P) NO. 144/2013/G/EDN DATED 22/4/2013 RESPONDENT(S)' EXHIBITS:

NIL.

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

A.K.JAYASANKARAN NAMBIAR, J.

------------------------------- W.P.(C).NO.19978 OF 2015 (V) ----------------------------------- Dated this the 3rd day of July, 2015

J U D G M E N T

The issue involved in the writ petition is squarely covered in favour of the petitioners by the decision of the Supreme Court in State of Kerala v. Sneha Cheriyan - [2013 (1) KLT 755 9SC)] and a decision of this Court in Nair Service Society v. State of Kerala - [2013 (4) KLT 921]. Accordingly, the writ petition is disposed by directing respondents 2 and 3 to approve the appointment of the petitioners on regular scale of pay with effect from the date of their appointments, so as to enable them to draw vacation salary as well. The respondents 2 and 3 shall do the needful within a period of three weeks from the date of receipt of a copy of this judgment, and the disbursal of the arrears of salary and other benefits due to the petitioners shall be effected within a period of one month thereafter.

A.K.JAYASANKARAN NAMBIAR JUDGE prp