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High Court of KeralaWP(C)/24720/2015allowed

Sajeesh v. State Of Kerala

2015-09-02Honourable Mr.Justice K.Vinod Chandran8 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 2ND DAY OF SEPTEMBER 2015/11TH BHADRA, 1937 W.P.(C).No.24720 of 2015 (L) -------------------------------------------------- PETITIONER(S):- --------------------------

1. SAJEESH.S., HIGHER SECONDARY SCHOOL TEACHER (JR.) (BOTANY), KARIYAD NAMBIAR'S HIGHER SECONDARY SCHOOL, KARIYAD SOUTH PO, THALASSERY, KANNUR DISTRICT.

2. JIJESH.I.V., HIGHER SECONDARY SCHOOL TEACHER (PHYSICS ), KARIYAD NAMBIAR'S HIGHER SECONDARY SCHOOL, KARIYAD SOUTH PO, THALASSERY, KANNUR DISTRICT.

3. KAILAS.B., HIGHER SECONDARY SCHOOL TEACHER (ENGLISH), KARIYAD NAMBIAR'S HIGHER SECONDARY SCHOOL, KARIYAD SOUTH PO, THALASSERY, KANNUR DISTRICT.

4. HAREESH.K., HIGHER SECONDARY SCHOOL TEACHER (MAHTEMATICS), KARIYAD NAMBIAR'S HIGHER SECONDARY SCHOOL, KARIYAD SOUTH PO, THALASSERY, KANNUR DISTRICT.

5. VIBINLAL.C.H., HIGHER SECONDARY SCHOOL TEACHER (GEOGRAPHY), KARIYAD NAMBIAR'S HIGHER SECONDARY SCHOOL, KARIYAD SOUTH PO, THALASSERY, KANNUR DISTRICT.

6. DHANYA.M., HIGHER SECONDARY SCHOOL TEACHER (JR.) (ZOOLOGY), KARIYAD NAMBIAR'S HIGHER SECONDARY SCHOOL KARIYAD SOUTH PO, THALASSERY, KANNUR DISTRICT.

7. ANEESH.S., HIGHER SECONDARY SCHOOL TEACHER (HISTORY), KARIYAD NAMBIAR'S HIGHER SECONDARY SCHOOL KARIYAD SOUTH PO, THALASSERY, KANNUR DISTRICT.

W.P.(C).NO.24720 OF 2015 - 2 -

8. DHANYA T.V., HIGHER SECONDARY SCHOOL TEACHER (ECONOMICS), KARIYAD NAMBIAR'S HIGHER SECONDARY SCHOOL, KARIYAD SOUTH PO, THALASSERY, KANNUR DISTRICT.

9. MANJULA.E., HIGHER SECONDARY SCHOOL TEACHER(JR.) (HINDI), KARIYAD NAMBIAR'S HIGHER SECONDARY SCHOOL, KARIYAD SOUTH PO, THALASSERY, KANNUR DISTRICT.

10. SRUTHI.S HIGHER SECONDARY SCHOOL TEACHER (CHEMISTRY), KARIYAD NAMBIAR'S HIGHER SECONDARY SCHOOL, KARIYAD SOUTH PO, THALASSERY, KANNUR DISTRICT.

11. SABHITH. P.K., HIGHER SECONDARY SCHOOL TEACHER (MALAYALAM), KARIYAD NAMBIAR'S HIGHER SECONDARY SCHOOL, KARIYAD SOUTH PO, THALASSERY, KANNUR DISTRICT.

12. SMIJA. P.S., HIGHER SECONDARY SCHOOL TEACHER (COMMERCE), SEVAMANDIR POST BASIC HIGHER SECONDARY SCHOOL, RAMANATTUKARA, RAMANATTUKARA PO, KOZHIKODE DISTRICT.

13. ANISH KUNNATH, HIGHER SECONDARY SCHOOL TEACHER (MATHEMATICS), SEVAMANDIR POST BASIC HIGHER SECONDARY SCHOOL, RAMANATTUKARA, RAMANATTUKARA PO, KOZHIKODE DISTRICT.

14. SANTHOSH KUMAR. K.V., HIGHER SECONDARY SCHOOL TEACHER (MATHEMATICS), SEVAMANDIR POST BASIC HIGHER SECONDARY SCHOOL, RAMANATTUKARA, RAMANATTUKARA PO, KOZHIKODE DISTRICT. BY ADVS.SRI.K.T.SHYAMKUMAR SRI.HARISH R. MENON.

RESPONDENT(S):- ----------------------------

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

2. DIRECTOR FO HIGHER SECONDARY EDUCATION SANTHI NAGER, THIRUVANANTHAPURAM, PIN - 695 001.

3. REGIONAL DEPUTY DIRECTOR OF EDUCATION, HIGHER SECONDARY EDUCATION, REGIONAL OFFICE, KANNUR, PIN - 670 001.

W.P.(C).NO.24720 OF 2015 - 3 -

4. REGIONAL DEPUTY DIRECTOR OF EDUCATION, HIHGER SECONDARY EDUCATION, REGIONAL OFFICE, KOZHIKODE, PIN - 673 001.

R1 TO R4 BY GOVERNMENT PLEADER SMT.M.J.RAJASREE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:-

WP(C).No.24720 of 2015 (L) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:- --------------------------------------- EXT.P1A TRUE COPY OF THE GO (MS)NO.211/2011 DATED 24/10/11. EXT.P2A TRUE COPY OF THE CIRUCLAR NO. ACD-B5/47005/HSE/10 DATED 15.11.2011.

EXT.P3TRUE COPY OF THE ORDER NO A4/13990(7)/2011 DATED 22.10.2012 APPROVING THE APPOINTMENT OF THE 1ST PETITIONER.

EXT.P4TRUE COPY OF THE ORDER NO.A4/13990/2011(3) DATED 22.8.2012 APPROVING THE APPOINTMENT OF THE 2ND PETITIONER.

EXT.P5TRUE COPY OF THE ORDER NO.A4/13990/2011 (5) DATED 22.8.2012 APPROVING THE APPOINTMENT OF THE 3RD PETITIONER.

EXT.P6TRUE COPY OF THE ORDER NO.A4/13990/2011(1) DATED 22.8.2012 APPROVING THE APPOINTMENT OF THE 4TH PETITIONER.

EXT.P7TRUE COPY OF THE ORDER NO.A4/13990/2011(1) DATED 22.8.2012 APPROVING THE APPOINTMENT OF THE 5TH PETITIONER.

EXT.P8TRUE COPY OF THE ORDER NO.A4/13990/2011(2) DATED 22.8.2012 APPROVING THE APPOINTMENT OF THE 6TH PETITIONER.

EXT.P9TRUE COPY OF THE ORDER NO.A4/13990/2011 DATED 24.5.2012 APPROVING THE APPOINTMENT OF THE 7TH PETITIONER. EXT.P10TRUE COPY OF THE ORDER NO.A4/13990/2011(4) DATED 22.8.2012 APPROVING THE APPOINTMENT OF THE 8TH PETITIONER.

EXT.P11TRUE COPY OF THE ORDER NO.A4/13990/2011(6) DATED 22.8.2012 APPROVING THE APPOINTMENT OF THE 9TH PETITIONER.

EXT.P12TRUE COPY OF THE ORDER NO.A4/13990/2011(8) DATED 19.1.2013 APPROVING THE APPOINTMENT OF THE 10TH PETITIONER.

EXT.P13TRUE COPY OF THE ORDER NO.A4/13990/2011 DATED 24.5.2012 APPROVING THE APPOINTMENT OF THE 11TH PETITIONER.

W.P.(C).NO.24720 OF 2015 - 2 - EXT.P14TRUE COPY OF THE ORDER NO.A5/14004/2011/HSE(3) DATED 16.07.2012 APPROVING THE APPOINTMENT OF THE 12TH PETITIONER.

EXT.P15TRUE COPY OF THE ORDER NO.A5/14004/2011/HSE(2) DATED 16.07.2012 APPROVING THE APPOINTMENT OF THE 13TH PETITIONER.

EXT.P16TRUE COPY OF THE ORDER NO.A5/14004/2011 DATED 16.07.2012 APPROVING THE APPOINTMENT OF THE 14TH PETITIONER.

EXT.P17TRUE COPY OF THE GOVERNMENT ORDER NO.G.O(MS) NO.126/1992/G/.EDN, DATED 17.6.1992.

EXT.P18A TRUE COPY OF THE COMMUNICATION NO.ACD C3/53830/HSE/2013 DATED 19.12.2013.

EXT.P19A TRUE COPY FO THE ORDER NO. A3/12735/2011 DATED 19.4.2012.

EXT.P20TRUE COPY OF THE JUDGMENT DATED 4.12.2014 IN WP(C) NO.15651/2014.

EXT.P21TRUE COPY FO THE GOVERNMENT ORDER DATED 3.3.2015. EXT.P22TRUE COPY OF THE ORDER DATED 21.5.2015 ISSUED BY THE 2ND RESPONDENT.

RESPONDENT(S)' EXHIBITS:- ----------------------------------------- NIL.

Vku/- [ true copy ]

K. Vinod Chandran, J --------------------------------------- W.P.(C).No.24720 of 2015-L --------------------------------------- Dated this the 02nd day of September, 2015

JUDGMENT

The issue raised in the above writ petition with respect to eligibility for vacation salary is squarely covered by the decision of this Court in Exhibit P20, wherein it was held so:- "5. On a consideration of the facts and circumstances of the case as also the submissions made across the Bar, I find that in the orders issued by the 3rd respondent, approving the appointments of the petitioners to posts of HSST Junior in the respective Colleges, there is a condition inserted which qualified their approval by stating that the petitioners would not be entitled to vacation salary in the year of their appointment.

The orders passed by the 3rd respondent would indicate that the stand taken by the 3rd respondent was on account of Rule 49 of Chapter XIVA of KER which deals with the nonpayment of vacation salary to teachers appointed in terms of that Chapter under certain specified circumstances. While no provision has been brought to my notice that would suggest that there is a similar Rule applicable in respect of persons appointed as HSSTs in Higher Secondary Schools covered by Chapter XXXII of the KER, I note that by way of Ext.P22 order of the Government and Ext.

WP(C).No.24720 of 2015 - 2 - Secondary Education, it has been made clear that persons such as the petitioners, who were appointed to permanent vacancies in Higher Secondary Schools, would be entitled to vacation salary so long as the appointment persisted even for the period subsequent to 31st March of the calender year. In the light of Ext.P23 clarification, I do not see any reason why the petitioners should be denied the benefit of vacation salary, more so when there is no statutory provision that is brought to my notice which would indicate that the petitioners are not entitled to such vacation salary. It might also be relevant to refer to the judgment of the Division Bench of this Court in Pathanapuram Taluk Samajam Corporate Management Schools v.

Sreelatha [2006 (3) KLT 867], which was rendered in the context of a case where the applicability of Rule 51B of Chapter XIVA of the KER to appointments effected under Chapter XXXII of the KER, came up for consideration, and it was held that unless a similar provision, as contained in Rule 51B, was incorporated in Chapter XXXII, it was not possible to contend that the benefits of employment assistance available to dependents of aided High School and Primary School teachers could be extended to vacancies available in Higher Secondary Section.

WP(C).No.24720 of 2015 - 3 - cannot be legally sustained. Accordingly, I quash Exts.P3 to P21 in W.P.(C).No.15651/2014 and Exts.P3 and P4 in W.P.(C).No.11048/2014, to the extent they impose a condition that the candidate in question is not entitled to vacation salary in the year 2012 in terms of Rule 49 of Chapter XIVA of the KER. The respondents shall take immediate steps to disburse the vacation salary that is due and payable to the petitioners in the writ petitions within a period of three months from the date of receipt of copy of this judgment".

2. Accordingly, the above writ petition would stand allowed. The conditions in Exhibits P3 to P16 that the respective petitioners would not be entitled to salary during vacation of the year 2012 would stand set aside. The directions in the afore-cited judgment shall apply to the petitioners herein also. Sd/- K.Vinod Chandran Judge.

vku/- [ true copy ]