Merin Ann Koshy v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR TUESDAY, THE 4TH DAY OF AUGUST 2015/13TH SRAVANA, 1937 WP(C).No. 22267 of 2015 (G) ------------------------------------------ PETITIONER(S):
-------------------------- MERIN ANN KOSHY AGED 30 YEARS MEMURIYIL, PRAVEEN COTTAGE, PUTHUSSERIMALA PORANNI PATHANAMTHITTA- PRESENTALY WORKING ON LPSA AMMTTI & UP SCHOOL MARMOM, PATHNAMTHITTA PRESENTLY WORKING AS LPSA, AMM, TTI & UPSCHOOL MARAMON, PATHANAMTHITTA BY ADVS.SRI.POOVAMULLE PARAMBIL ABDULKAREEM SRI.SAJU J.VALLYARA RESPONDENT(S):
----------------------------
1. STATE OF KERALA REPRESENTED BY SECRETARY TO THE GOVERNMENTGENERAL EDUCATION DEPARTMENT SECRETARIAT, THIRUVANTHAPURAM-695 001
2. DISTRICT EDUCATIONAL OFFICER THIRUVALLA-689 549
3. DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA, THIRUVALLA-689 549
4. MANAGER AMMTTI& UP SCHOOL , MARMON, PATHANAMTHITTA-689 549 R BY GOVERNMENT PLEADER, SMT. LOWSY A THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-08-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 22267 of 2015 (G) --------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:
PHOTOCOPY OF THE APPOINTMENT ORDER ISSUED BY THE 4TH RESPONDENT MANGER EXT.P2:
PHOTOCOPY OF THE ORDER DT. 28/11/11 ISSUED BY THE 3RD RESPONDENTS EXT.P3:
PHOTOCOPY OF THE ORDER ISSUED BY THE 3RD RESPONDENT DT. 4/8/12 EXT.P4:
PHOTOCOPY OF THE PROCEEDINGS NO. B1/7022/12 D. DIS DT. 17/11/12 FROM 1/6/11 TO 29/2/12 OF THE D.EO, THIRUVALLA EXT.P5;
PHOTOCOPY OF THE REVISION PETITION FILED BY THE PETITIONER BEWFORE THE SECRETARY TO THE GOVERNMENT GENERAL EDUCATION DEPARTMENT IA No.10748/2015 EXT.P6 PHOTOCOPY OF THE LETTER ISSUED BY THE MANAGER TO THE 3RD RESPONDENT DATED 22.09.2010.
EXT.P7 PHOTOCOPY OF THE PROCEEDINGS ISSUED BY THE 3RD RESPONDENT DATED 22.09.2010 RESPONDENT(S)' EXHIBITS --------------------------------------- NIL // True copy // PA to Judge das
A.K.JAYASANKARAN NAMBIAR, J.
=========================================== W.P.(C). No. 22267 of 2015 ===================================================== Dated this the 4th day of August, 2015
JUDGMENT
The petitioner, who was appointed as an LPSA under the 4th respondent school in a leave without allowance vacancy, is aggrieved by the non approval of the said appointment with effect from 22.09.2010. It is the specific case in the writ petition that, appointment was approved only from 01.06.2011 by treating the appointment from 01.06.2011 as a fresh appointment. The facts in the writ petition would disclose that, the petitioner was initially appointed with effect from 22.09.2010 in a leave vacancy, the duration of which was more than one year. The said appointment having been effected on 22.09.2010, it was an appointment for less than eight months during the academic year 2010-2011. Taking note of the said factual position, and the decision of the Hon'ble Supreme Court in State of Kerala v.
Sneha Cheriyan [2013 (1) KLT 755] as also the decision of this Court in Nair Services Society v. State of Kerala [2013 (4) KLT 921], I am of the view that the petitioner is entitled to an approval of her appointment from 22.09.2010 on regular scale of pay basis. It is made clear, however, that the petitioner will not be entitled to vacation salary in 2010-2011, on account of the tenure of appointment being less than eight months.
-2W.P.(C). No. 22267 of 2015 directing the respondents to approve the appointment of the petitioner with effect from 22.09.2010 on regular scale of pay basis, subject to the observations made above. Sd/- A.K.JAYASANKARAN NAMBIAR JUDGE das