High Court of KeralaWP(C)/34019/2015disposed of

Dhanya K v. The Regional Deputy Director

2015-11-20Honourable Mr.Justice K.Vinod Chandran5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN FRIDAY, THE 20TH DAY OF NOVEMBER 2015/29TH KARTHIKA, 1937 ---------------------------- PETITIONER(S):

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1. DHANYA K, AGED 32 YEARS HIGHER SECONDARY SCHOOL TEACHER, BOTANY, AKMHSS KOTTOR, INDIANOOR, KOTTAKKAL MALAPPURAM

2. SAILATH . P.K HIGHER SECONDARY SCHOOL TEACHER, CHEMISTRY, AKMHSS KOTTOR, INDIANOOR, KOTTAKKAL MALAPPURAM

3. MOHAMMED KUTTY. T HIGHER SECONDARY SCHOOL TEACHER, ARABIC, AKMHSS KOTTOR, INDIANOOR, KOTTAKKAL MALAPPURAM

4. JISMITH . B. C HIGHER SECONDARY SCHOOL TEACHER, MATHEMATICS, AKMHSS KOTTOR, INDIANOOR, KOTTAKKAL MALAPPURAM

5. ALI KADAVANDI, HIGHER SECONDARY SCHOOL TEACHER, COMMERCE, AKMHSS KOTTOR, INDIANOOR, KOTTAKKAL MALAPPURAM

6. JENOY MATHEW HIGHER SECONDARY SCHOOL TEACHER, PHYSICS, AKMHSS KOTTOR, INDIANOOR, KOTTAKKAL MALAPPURAM

7. ABDUL LATHEEF. A.C HIGHER SECONDARY SCHOOL TEACHER, ECONOMICS, AKMHSS KOTTOR, INDIANOOR, KOTTAKKAL MALAPPURAM

8. ABDUL GAFOOR. T.C HIGHER SECONDARY SCHOOL TEACHER COMPUTER APPLICATION, AKMHSS, KOTTOR INDIANOOR, KOTTAKKAL, MALAPPURAM -2-

-2- ---------------------------------------- BY ADVS.SRI.AUGUSTINE JOSEPH SRI.K.S.ROCKEY SRI.TONY AUGUSTINE SRI.GEORGE RENOY RESPONDENT(S):

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1. THE REGIONAL DEPUTY DIRECTOR HIGHER SECONDARY EDUCATION, MALAPPURAM-676 505

2. THE DIRECTOR HIGHER SECONDARY EDUCATION THIRUVANANTHAPURAM-695001

3. STATE OF KERALA REPRESENTED BY THE SECRETARY GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-695 001 R1-3 BY GOVERNMENT PLEADER SMT.A.NANCY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VS

--------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:

TRUE COPY OF THE APPROVAL OF APPOINTMENT OF 1ST PETITIONER DT. 19/11/13 EXT.P1(B):

TRUE COPY OF THE APPROVAL OF APPOINTMENT OF 2ND PETITIONER DT. 19/11/13 EXT.P1(C):

TRUE COPY OF THE APPROVAL OF APPOINTMENT OF 3RD PETITIONER DT. 19/11/13 EXT.P1(D):

TRUE COPY OF THE APPROVAL OF APPOINTMENT OF 4TH PETITIONER DT. 13/11/13 EXT.P1(E):

TRUE COPY OF THE APPROVAL OF APPOINTMENT OF 5TH PETITIONER DT. 13/11/13 EXT.P1(F):

TRUE COPY OF THE APPROVAL OF APPOINTMENT OF 6TH PETITIONER DT. 13/11/13 EXT.P1(G):

TRUE COPY OF THE APPROVAL OF APPOINTMENT OF 7TH PETITIONER DT. 13/11/13 EXT.P1(H):

TRUE COPY OF THE APPROVAL OF APPOINTMENT OF 8TH PETITIONER DT. 13/11/13 EXT.P2:

TRUE COPY OF THE LETTER DT. 12/8/15 FROM THE 1ST RESPONDENT EXT.P3:

TRUE COPY OF THE JUDGMENT IN WPC 11048/14 DT. 4/12/14 EXT.P4:

TRUE COPY OF THE LETTER DT. 19/12/13 FROM THE 2ND RESPONDENT RESPONDENT(S)' EXHIBITS NIL ---------------------------------------- /TRUE COPY/ PA TO JUDGE VS

K.VINOD CHANDRAN, J.

----------------------------------------------- W.P.(C).No.34019 of 2015 ----------------------------------------------------------- Dated this the 20th day of November, 2015

JUDGMENT

The petitioners' grievance in the above writ petition is that they were not granted vacation salary on the ground that Rule 49 of Chapter XIV-A of Kerala Education Rules, 1959; applies to the Higher Secondary section also.

2. The issue is no longer res integra, since the judgment in W.P.(C).No.15651 of 2014 and connected case, dated 04.12.2014, has held that Rule 49 of Chapter XIV-A KER is not applicable to the Higher Secondary section.

3. In the above circumstance, Exhibits P1 series are modified to the extent it declines vacation salary to the petitioners, allowing the same. The question of vacation salary shall be considered afresh in accordance with law, on the petitioners producing a certified copy of this judgment along with a copy of the aforecited

W.P.(C).No.34019 of 2015 judgment. The consideration shall be made in accordance with the directions of this Court and the arrears disbursed within a period of six months from the date of production of a certified copy of this judgment.

The writ petition is disposed of as above.

Sd/- K.VINOD CHANDRAN JUDGE vs