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High Court of KeralaWP(C)/22745/2014disposed of

Anoop C v. State Of Kerala

2015-02-24Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 24TH DAY OF FEBRUARY 2015/5TH PHALGUNA, 1936 WP(C).No. 22745 of 2014 (P) ---------------------------- PETITIONER:

----------- ANOOP C AGED 31 YEARS S/O.LATE C RAMANCHANDRAN NAIR, CHELATH HOUSE POOVATHIKKAL P O, AREA CODE(VIA)MALAPPURAM DIST PIN-673639 BY ADVS.SRI.P.K.MOHAMED JAMEEL SRI.ABDUL SHUKOOR MUNDAMBRA RESPONDENTS:

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

1. STATE OF KERALA REP BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM-695001

2. THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM-695014

3. THE DEPUTY DIRECTOR OF EDUCATION MALAPPURAM-676505

4. THE DISTRICT EDUCATIONAL OFFICER WANDOOR-679328, MALAPPURAM DIST

5. THE MANAGER SUBULUSSALAM HIGHER SECONDARY SCHOOL, MOORKANAD URANGATTIRI P O, MALAPPURAM DIST, PIN-673639 R5 BY ADV. SRI.N.RAGHUNATH R BY GOVERNMENT PLEADER: SMT. LOWSY A THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 22745 of 2014 (P) APPENDIX PETITIONER(S)' EXHIBITS:

------------------------ P1:-TRUE COPY OF THE PETITIONERS APPOINTMENT ORDER DTD 29/7/2009 P2:-TRUE COPY OF THE PETITIONERS APPOINTMENT ORDER DTD 1/6/2011 P3:-TRUE COPY OF THE ORDER PASSED BY 3RD RESPONDENT DTD 21/5/2011 P4:-TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DTD 25/8/2011 P5:-TRUE COPY OF THE JUDGMENT IN WPC NO 9284/2014 P6:-TRUE COPY OF THE ORDER PASSED BY IST RESPONDENT DTD 16/7/2014 P7:-TRUE COPY OF THE SAID ORDER ISSUED BY IST RESPONDENT 9/7/2014 RESPONDENT(S)' EXHIBITS: NIL True Copy/ P A to Judge

A.MUHAMED MUSTAQUE, J.

========================= W.P(C).No.22745 of 2014 ============================ Dated this the 24th day of February, 2015

JUDGMENT

Petitioner's appointment as HSA was approved only on daily wage basis for the period from 29.07.2009 to 31.03.2010 and thereafter, it was approved on scale of pay. The relief sought in this Writ Petition is for treating the period worked by the petitioner from 29.07.2009 to 31.03.2010 as period approved on scale of pay. Petitioner submits that since the appointment was for a vacancy of having duration of more than one year, he is entitled for scale of pay with effect from the date of appointment. By Ext.P1, petitioner was appointed in a vacancy arising out of leave without allowance from 11.07.2009 to 10.07.2014. petitioner relies on the judgment of the Apex Court in State of Kerala Vs. Sneha Cherian (2013(1) KLT 755) where it is held that if the duration of vacancy exceeds one academic year that can be filled up on scale of pay basis. Petitioner requests that his appointment can also be approved on scale of pay from 29.07.2009 to 31.03.2010.

2.

Accordingly, there shall be a direction to the fourth respondent to approve the period of appointment of petitioner

W.P(C).No.22745 of 2014 with effect from 29.07.2009 to 31.03.2010 and disburse salary in the scale of pay for a period from 29.07.2009 to 31.03.2010 within a period of three months from the date of receipt of a copy of this judgment.

The Writ Petition is disposed of.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sbna/24/02/15