Kerala High Court
Sandhya C vs The Manager on 4 June, 2012
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 28TH DAY OF FEBRUARY 2018 / 9TH PHALGUNA, 1939
WP(C).No. 4716 of 2018
PETITIONER:
SANDHYA C.
UPSA, KRISHNA U.P. SCHOOL, THACHINGANADAM P.O.,
MALAPPURAM DISTRICT
BY ADV.DR.GEORGE ABRAHAM
RESPONDENT(S):
1. THE MANAGER, CRESECENT HIGHER SECONDARY SCHOOL
ADAKKAKUNDU, MALAPPURAM DISTRICT, PIN:676525
2. DEPUTY DIRECTOR OF EDUCATION,
MALAPPURAM-676 505
3. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM
PIN: 695 014
4. STATE OF KERALA, REPRESENTED BY SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM-695001
BY GOVERNMENT PLEADER SMT. NISHA BOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28-02-2018,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
PBS
13/3/2018
WP(C).No. 4716 of 2018 (L)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED
04.06.2012 ISSUED TO THE PETITIONER
EXHIBIT P2 TRUE COPY OF THE ORDER SHOWING APPROVAL OF
THE PETITIONER'S APPOINTMENT
EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS OF THE ASSISTANT
EDUCATION OFFICER DATED 25.03.2013
EXHIBIT P4 TRUE COPY OF THE ORDER OF THE ASSISTANT
EDUCATION OFFICER, MELATTOOR DATED 13.02.2017
EXHIBIT P5 TRUE COPY OF THE REVISION FILED BY THE
PETITIONER BEFORE THE 4TH RESPONDENT
RESPONDENT'S EXHIBIT NIL
/TRUE COPY/
PA TO JUDGE
PBS
13/3/2018
ANU SIVARAMAN, J.
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W.P.(C).No.4716 of 2018
====================
Dated this the 28th day of February, 2018
JUDGMENT
The writ petition is filed challenging Exts.P2 and P4 orders to the extent it affects the appointment of the petitioner as daily wage basis from 4.06.2012 to 31.3.2013. It is submitted that the petitioner had been appointed in a leave vacancy from 4.6.2012 to 31.3.2013. It is stated that the teacher who had availed leave had resigned from service and the said resignation was duly accepted and approved. As per Ext.P2, the appointment of the petitioner from 4.6.2012 to 31.3.2013 was approved on daily wages and from 01.06.2013 onwards on a regular scale of pay.
2. The petitioner contends that since the leave vacancy had continued and the petitioner had been continued in the vacancy on account of the resignation of the teacher who had availed leave, the appointment is liable to be approved from 4.6.2012 onwards on a regular basis. It is stated that the resignation of the teacher who had availed leave had been accepted with effect from 25.02.2013 by Ext.P3 dated W.P.(C).No.4716 of 2018 2 25.03.2013. It is therefore clear that the petitioner's appointment had continued from the initial date of appointment 4.6.2012 and that she would be entitled to approval on a regular basis and payment of vacation salary in terms of the decision of the Apex Court in State of State of Kerala v. Sneha Cheriyan [2013 (1) KLT 755 (SC).
3. The learned Government Pleader submits that that the petitioner was initially appointed from 4.6.2012 to 31.03.2013 in a short term leave vacancy. It is stated that though the resignation of the teacher who had availed leave had been accepted with effect form 25.02.2013, the petitioner having been appointed in a leave vacancy would be entitled only for approval for the said period on daily wages and thereafter it would be only with effect from 01.06.2013 that she would be entitled to approval on a regular basis.
4. I have considered the contentions advanced. It is clear that the petitioner had been appointed in a leave vacancy from 4.6.2012 onwards. During the subsistence of leave vacancy the teacher who had availed leave had submitted resignation and the petitioner was accommodated against the resignation vacancy. The resignation had been accepted by Ext.P3 with effect from 25.2.2013. It is admitted that the Manager had W.P.(C).No.4716 of 2018 3 submitted a revised proposal for approval of the appointment of the petitioner from 4.6.2012 onwards on a regular basis. This is rejected by Ext.P4.
5. The petitioner who had continued service from 4.6.2012 was entitled to approval with effect from the said date on a regular basis itself. The issue is covered by the decision of Apex Court in Sneha Cheriyan's case (Supra) and of this Court in Nair Service Society v. State of Kerala [2013(4) KLT 921]. The impugned orders to the extent they deny the benefit of approval on a regular basis from 4.6.2012 to 25.02.2013 are set aside. There will be a direction to the respondents to approve the appointment of the petitioner from 4.6.2012 to 25.02.2013 in a leave vacancy from 26.02.2013 onwards in the regular vacancy on a regular scale of pay basis and to pay all consequential benefits to the petitioner, within a period of three months from the date of receipt of a copy of this judgment.
The writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
rmm // True copy //
P.A. to Judge