Kerala High Court
Anju.C.R vs State Of Kerala on 16 November, 2020
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 16TH DAY OF NOVEMBER 2020 / 25TH KARTHIKA, 1942
WP(C).No.22731 OF 2020(N)
PETITIONER:
ANJU.C.R., AGED 33 YEARS
W/O. KRISHNA PRASAD, KARIATTUPARAMBIL HOUSE,
AKSHAYA GARDENS, CHEMBUKAVU, THRISSUR 680 020
NOW WORKING AS CO-ORDINATOR, BRC, CHERPU,
THRISSUR 680 561
BY ADV. SRI.U.BALAGANGADHARAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION
DEPARTMENT, GOVERNMENT SECRETARIAT (ANNEX)
THIRUVANANTHAPURAM 695 001
2 DIRECTOR OF GENERAL EDUCATION,
THRUVANANTHAPURAM 695 014
3 DEPUTY DIRECTOR OF EDUCATION,
THRISSUR 680 003
4 DISTRICT EDUCATIONAL OFFICER,
THRISSUR 680 020
5 MANAGER, SANTHA HSS, AVANUR,
THRISSUR 680 541
6 HEADMISTRESS
SANTHA HSS, AVANUR, THRISSUR 680 541
BY SMT. NISHA BOSE - SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.11.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 22731/20
2
JUDGMENT
The petitioner, who is stated to be working as a Co-ordinator of the Block Resource Centre, Trissur, has approached this Court, seeking a direction to the 4th respondent to approve her appointment as a High School Teacher (HST) in English, in the 6th respondent-School, from 02.09.2013 to 01.06.2014 on scale-of-pay basis, with all consequential benefits.
2. The petitioner has also prayed for a declaration that she is entitled to get service as HST (English) approved from 02.09.2013 to 01.06.2014 on scale-of-pay basis, relying on the judgment of the Honourable Supreme Court in Sneha Cherian v. State of Kerala [2013(1)KLT 755] and NSS v. State of Kerala [2013(4) KLT 921]. She says that the question, whether an appointment to a substantive post during the mid of an academic WPC 22731/20 3 year is liable to be approved on the scale-of- pay basis or daily wages, has already been answered by these judgments in her favour and that these have already been implemented by the Government through Exts.P4 and P5 proceedings. She, therefore, prays that the 4th respondent be directed to approve her appointment as HST (English) for the aforementioned period within a time frame to be fixed by this Court.
3. In response to the afore submissions made on behalf of the petitioner by her learned counsel, Sri.U.Balagangadharan, the learned Senior Government Pleader, Smt.Nisha Bose, submitted that the petitioner's appointment has not been approved on scale-of- pay basis only because, in Ext.P1, she has been shown to be appointed on daily wages by the Manger of the School. She says that, therefore, the petitioner cannot seek any WPC 22731/20 4 relief other than what has been offered to her through Ext.P1.
4. Even when I hear the learned Senior Government Pleader on the afore lines, the fact remains that the Manager has issued Ext.P1 only because, going by the then extant Government orders, the appointment of a teacher made midway of an academic year was directed to be only approved on daily wage basis. However, with the declaration of law by the Honourable Supreme Court in Sneha Cherian (supra) and NSS (supra), the position has been completely altered and every such appointment is also entitled to be approved on scale-of- pay basis.
5. Obviously, therefore, even when Ext.P1 shows the petitioner's appointment to be only on daily wages basis, she is entitled to be approved on scale-of-pay basis going by the afore declarations of the Honourable WPC 22731/20 5 Supreme Court; and hence, the entries in Ext.P1 would be irrelevant, since the same cannot hold contrary to the said position of law.
6. In fact, to a pointed question from this Court, the learned Senior Government Pleader was constrained to concede that, strictly going by the facts that are pleaded, the judgment in Sneha Cherian (supra) and NSS (supra) will apply to the case of the petitioner herein also.
In the afore circumstances, I order this writ petition and direct the 4th respondent- District Educational Officer to immediately take steps to approve the appointment of the petitioner as HST in English in the 6th respondent-School from 02.09.2013 to 01.06.2014 on scale of pay basis, adverting to Sneha Cherian (supra) and NSS (supra), thus leading to an appropriate order as WPC 22731/20 6 expeditiously as is possible, but not later than two months from the date of receipt of a copy of this judgment.
Sd/-
DEVAN RAMACHANDRAN
RR JUDGE
WPC 22731/20
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE APPOINTMENT
ORDER DATED 02-09-2013
EXHIBIT P2 A TRUE COPY OF THE ORDER DATED 29-
11-2014 OF THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, ERNAKULAM EXHIBIT P3 A TRUE COPY OF THE ORDER OF THE APPROVAL GIVEN BY THE FOURTH RESPONDENT DATED 09-08-2018 EXHIBIT P4 A TRUE COPY OF THE COMMUNICATIOND ATED 14-10-2015 OF THE FIRST RESPONDENT EXHIBIT P5 A TRUE COPY OF THE COMMUNICATION DATED 05-03-2018 OF THE FIRST RESPONDENT EXHIBIT P6 TRUE COPY OF THE JUDGMENT RENDERED BY THIS HONOURABLE COURT IN W.P(C) NO. 10027/2017 DATED 06-04-2017 EXHIBIT P7 TRUE COPY OF THE JUDGMENT RENDERED BY THIS HONOURABLE COURT IN W.P(C) NO. 17158/2017 DATED 05-06-2017 EXHIBIT P8 A TRUE COPY OF THE REVISION PETITION DATED 22-09-2020 SUBMITTED BY THE PETITIOENR TO THE FIRST RESPONDENT.