Kerala High Court
K.M.Dhanya vs State Of Kerala on 18 May, 2022
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
WEDNESDAY, THE 18TH DAY OF MAY 2022 / 28TH VAISAKHA, 1944
WP(C) NO. 21368 OF 2021
PETITIONER :
K.M.DHANYA,
AGED 40 YEARS,
W/O.SAM.T.V., H.S.T. NATURAL SCIENCE,
SNTHSS PALLIPAD, HARIPAD, ALAPPUZHA-690 514,
RESIDING AT PONNAD HOUSE, RAINBOW AVENUE,
THATHAMPALLY P.O., ALAPPUZHA - 688 013.
BY ADVS.
T.G.SUNIL (PRANAVAM)
J.OM PRAKASH
C.X.ANTONY BENEDICT
T.G.MANOJ
T.G.SANTHOSH
T.G.MAHESH
EMMANUAL SANJU
RESPONDENTS :
1 STATE OF KERALA,
REPRESENTED BY PRINCIPAL SECRETARY,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 DIRECTOR OF GENERAL EDUCATION,
GENERAL EDUCATION DEPARTMENT,
THIRUVANANTHAPURAM - 695 01.
3 DEPUTY DIRECTOR OF EDUCATION,
COLLECTORATE, ALAPPUZHA - 688 001.
4 DISTRICT EDUCATIONAL OFFICER,
CHERTHALA, ALAPPUZHA - 688 524.
5 DISTRICT EDUCATIONAL OFFICER,
ALAPPUZHA, COLLECTORATE,
ALAPPUZHA - 688 001.
6 THE MANAGER, SN TRUST SCHOOL,
KOLLAM - 691 001.
W.P.(C) No.21368 of 2021
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7 HEADMASTER, SN TRUST HIGH SCHOOL,
PALLIPPAD, ALAPPUZHA - 690 512.
8 SUB TREASURY OFFICER,
TALUK OFFICE COMPLEX, POLICE STATION ROAD,
CHERTHALA, ALAPPUZHA - 688 524.
R1 TO R5 & R8 BY SMT.NISHA BOSE, SENIOR GOVT.PLEADER
ADV.S.KRISHNA MOORTHY
R6 BY ADV.A.N.RAJAN BABU
ADV.P.GOPALAKRISHNAN (MVA)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.03.2022, THE COURT ON 18.05.2022 DELIVERED THE
FOLLOWING:
W.P.(C) No.21368 of 2021
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BECHU KURIAN THOMAS, J.
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W.P.(C) No.21368 of 2021
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Dated this the 18th day of May, 2022
JUDGMENT
Petitioner seeks a direction to fix the pay of the petitioner in the post of HST (Natural Science) with effect from 01.06.2011 under Rule 28A of Part I KSR and thereafter to fix the pay in the revised scales granting the benefit of pay revision. Petitioner also seeks consequential time bound higher grades and also disbursement of the arrears of pay and allowances.
2. Petitioner claims to have been appointed as a UPSA in the SNGHSS, Chempazhanthi under the management of the 6 th respondent, in the promotion vacancy of one Smt.K.V. Dhanya, who was promoted as HSA (Natural Science). Though the statutory authorities declined to grant approval for the appointment, in the revision petition filed before the Government, petitioner was directed to be approved as UPSA with effect from 01.06.2011.
3. In the meantime, petitioner was appointed as a probationary HSA (Natural Science) with effect from 22.07.2009 to 02.09.2011 and again from 01.11.2011 to 02.12.2012. While working as a probationary HSA, petitioner availed Leave Without W.P.(C) No.21368 of 2021 4 Allowance for higher studies with effect from 17.09.2012 to 31.07.2014, which period was regularised by the Government after she rejoined service on 01.07.2014. Later, petitioner was transferred to SNTHS, Cherthala on 01.06.2015. While so, Ext.P6 communication was issued by the DEO, Cherthala directing the Sub Treasury Officer not to disburse the salary to the petitioner. The said communication was challenged before the first respondent, who later issued Ext.P8 Government Order, approving the appointment of the petitioner as HSA (Natural Science) with effect from 01.06.2011. The grievance of the petitioner is that, in spite of approval having been granted for her appointment as HSA, she is still being paid salary only as that of a UPSA and the pay has not been fixed in the higher post of HSA, apart from not being granted the benefits of pay revisions of the years 2009, 2014, 2019, including the first time bound higher grade on completion of 8 years in the post of HSA. Petitioner contends that respondents are bound to issue orders fixing the pay of the petitioner in the post of HSA (Natural Science) with effect from 01.06.2011 apart from granting the eligible benefits of subsequent pay revisions and the time-bound higher grade.
4. A counter affidavit has been filed by the 6 th respondent stating that petitioner was appointed as UPSA on W.P.(C) No.21368 of 2021 5 29.07.2005 in the SNGHSS, Chempazhanthi under the management of the 6th respondent and was later, promoted as HSA from 22.07.2009 which was approved from 01.06.2011 by order dated 14.01.2015 allowing the salary in the lower category from 22.07.2009 to 31.05.2011. The leave availed by the petitioner for study purposes from 17.09.2012 to 13.07.2014 was sanctioned by the Government on condition that the leave period will not be counted for any service benefits. According to the 6 th respondent, petitioner is entitled to have her pay fixed as per Rule 28A of Part I KSR in the post of HSA from 01.06.2011 and also entitled to be granted the revised scale of pay sanctioned from 2009, 2014 and 2019.
5. I have heard the learned counsel for the petitioner as well as the learned counsel for the respondents including the learned Senior Government Pleader.
6. During the course of hearing it was noticed that there was no controversy or any debatable issue that merits serious consideration, since the learned Government Pleader would admit that petitioner is entitled to have her pay fixed in the higher post of HSA with effect from the date of approval i.e. 01.06.2011 and that the benefits of pay revision effected in 2009, 2014 and 2019 are liable to be granted to the petitioner apart from the first time bound W.P.(C) No.21368 of 2021 6 higher grade on completion of 8 years in the post of HSA. It was further submitted that the reason for non-payment of the benefits mentioned above is due to a technical defect in the software SPARK. It was submitted that defects in the software will be rectified immediately. It was also pointed out that if the 7 th respondent forwards the statement of fixation to the District Educational Officer, Alappuzha and the salary bill is resubmitted, necessary action will be initiated in a time-bound manner.
In view of the above submissions, I deem it fit to direct respondents 1 to 5 to fix the pay of the petitioner in the higher post of HSA with effect from 01.06.2011 on the 7 th respondent furnishing the statement of fixation of the petitioner to the 5 th respondent. The said respondent shall thereafter take appropriate steps to cure the defects in the SPARK software and enable the grant of benefits of pay revision as well as the first time bound higher grade to the petitioner. The aforesaid steps shall be completed within a period of three months from the date of receipt of a copy of this judgment.
The writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS, JUDGE RKM W.P.(C) No.21368 of 2021 7 APPENDIX OF WP(C) 21368/2021 PETITIONER'S EXHIBITS :
Exhibit P1 TRUE COPY OF GOVERNMENT ORDER NO.GO(RT) 5707/11/G.EDN DATED 21.12.2011. Exhibit P2 TRUE COPY OF ORDER NO.SNT/236/2005 DATED 01.06.2006 ISSUED BY THE MANAGER, SNT SCHOOLS, KOLLAM WITH ENDORSEMENT ORDER NO.B4/647/12/K.DIS DATED 13.03.2012 OF DISTRICT EDUCATIONAL OFFICER, THIRUVANANTHAPURAM.
Exhibit P3 TRUE COPY OF ORDER NO.SNT/81/2009 DATED 03.11.2011 OF THE MANAGER, SN TRUST SCHOLS, KOLLAM.
Exhibit P4 TRUE COPY OF GOVERNMENT ORDER GO(RT) NO.58/2018/G.EDN DATED 04.01.2018.
Exhibit P5 TRUE COPY OF APPOINTMENT ORDER NO.SNT/81/2009 DATED 22.07.2009 WITH ENDORSEMENT ORDER NO.B2/1103/14/D.DIS DATED 14.01.2015.
Exhibit P6 TRUE COPY OF LETTER NO.B5/5345/2017 DATED 02.08.2017 OF THE DISTRICT EDUCATIONAL OFFICER, CHERTHALA ISSUED TO SUB TREASURY OFFICER, CHERTHALA.
Exhibit P7 TRUE COPY OF JUDGMENT DATED 05.12.2017 OF THIS HON'BLE COURT IN WOPC NO.31048/2017.
Exhibit P8 TRUE COPY OF GOVERNMENT ORDER NO.GO(RT) NO.986/2018/G.EDN DATED 07.03.2018.
Exhibit P9 TRUE COPY OF LETTER NO.B4/2319/2020 DATED 05.08.2020 OF THE DISTRICT EDUCATIONAL OFFICER, ALAPPUZHA ADDRESSED TO HEAD MASTER, SNTHS, PALLIPAD.
Exhibit P10 TRUE COPY OF LETTER NO.B4/2319/2020 DATED 07.09.2020 OF THE DISTRICT EDUCATIONAL OFFICER, ALAPPUZHA.
W.P.(C) No.21368 of 20218 Exhibit P11 TRUE COPY OF LETTER NO.B4/2319/2020 DATED 30.09.2020 OF THE DISTRICT EDUCATIONAL OFFICER, ALAPPUZHA.
Exhibit P12 TRUE COPY OF LETTER NO.B4/4948/2020 DATED 16.01.2021 OF THE 5TH RESPONDENT DISTRICT EDUCATIONAL OFFICER, ALAPPUZHA.
Exhibit P13 TRUE COPY OF GOVERNMENT CIRCULAR NO.75/2021/FIN. DATED 13.09.2021.