High Court of KeralaWP(C)/22998/2015disposed of

Mayalakshmi V v. State Of Kerala

2015-09-17Honourable Dr. Justice A.K.Jayasankaran Nambiar5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 30TH DAY OF JULY 2015/8TH SRAVANA, 1937 WP(C).NO. 22998 OF 2015 (Y) ---------------------------- PETITIONER(S):

------------- MAYALAKSHMI.V LPSA, APM LOWER PRIMARY SCHOOL KOTTAKKATTUSERIKKARA, NOORANAD LSPO, NOORANAD (USHUS, PERRORKARAZHMA, CHARUMOOD) BY ADVS.SRI.K.SASIKUMAR SRI.S.ARAVIND SRI.R.ROHITH RESPONDENT(S):

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1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT GOVERNMENT SECRETARIAT THIRUVNANTHAPURAM-695001

2. DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVNANTHAPURAM-695001

3. DEPUTY DIRECTOR OF EDUCATION ALAPPUZHA 688001 4.DISTRICT EDUCATIONAL OFFICER MAVELIKARA-690101 5.ASSISTANT EDUCATIONAL OFFICER KAYAMKULAM-690109

6. HEADMISTRESS, APM LOWER PRIMARY SCHOOL KOTTAKKATTUSERIKKARA, NOORANAD LSPO, NOORANAD-690564

7. MANAGER, APM LOWER PRIMARY SCHOOL KOTTAKKATTUSERIKKARA, NOORANAD LSPO, NOORANAD-690564 BY GOVERNMENT PLEADER SMT.M.J.RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).NO. 22998 OF 2015 (Y) APPENDIX PETITIONER'S EXHIBITS:

EXT.P1: A TRUE COPY OF THE STAFF FIXATION ORDER DATED 13.07.2007 PASSED BY THE 5TH RESPONDENT IN THE SCHOOL FOR THE YEAR 2007-2008 EXT.P2: A TRUE COPY OF THE APPOINTMENT ORDER DATED 19.09.2007 ISSUED BY THE 7TH RESPONDENT APPOINTING THE PETITIONER AS LPSA IN THE SCHOOL FROM 19.9.2007 ONWARDS EXT.P3: A TRUE COPY OF THE ORDER DATED 21.2.2009 ISSUED BY THE 1ST RESPONDENT GOVERNMENT EXT.P4:A TRUE COPY OF THE ORDER DATED 02.06.2008 ISSUED BY THE 7TH RESPONDENT EXT.P5: A TRUE COPY OF THE GO(P) 169/04/G.EDN. DATED 15.6.2004 ISSUED BY THE 1ST RESPONDENT EXT.P6: A TRUE COPY OF THE GO(P) 164/08/G.EDN. DATED 10.6.2008 ISSUED EXT.P7: A TRUE COPY OF THE JUDGMENT DATED 8.6.2009 IN W.P.(C). NO.9615/2009 OF THIS HON'BLE COURT.

EXT.P8: A TRUE COPY OF THE ORDER DATED 12.03.2010 IN CONTEMPT CASE (C). NO. 1238/2009 EXT.P9: A TRUE COPY OF THE GO (P) 56/11/G.EDN., DATED 26.02.2011 ISSUED BY THE `1ST RESPONDENT EXT.P10: A TRUE COPY OF THE GO (P) 144/13/G.EDN., DATED 22.04.1013 EXT.P11: A TRUE COPY OF THE JUDGMENT DATED 3.7.2015 IN WP(C) NO.19978/2015 RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P A TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

............................................................. W.P.(C).No.22998 of 2015 ............................................................. Dated this the 30th 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 petitioner by the decision of the Supreme Court in State of Kerala v. Sneha Cheriyan - [2013 (1) KLT 755 (SC)] 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 the 5th respondent to approve the appointment of the petitioner on regular scale of pay with effect from the date of her appointment, so as to enable her to draw vacation salary as well. The 5th respondent 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 petitioner shall be effected within a period of one month thereafter. A.K.JAYASANKARAN NAMBIAR JUDGE mns