Allowed

Priya.P.R v. Government of Kerala

Kerala HC15 Nov 2012WP(C)/1225/2012

Case brief

AI extract

What is this about?

This court allowed a writ petition filed by a high school assistant challenging the endorsement of her appointment on a daily wage basis. The court directed approval on a regular basis subject to an undertaking to reimburse salary if pending appeals in a cited precedent are allowed.

What did the court decide?

Director of Education directed to grant approval on regular basis from date of appointment subject to undertaking to reimburse salary if SLPs allowed.

Priya.P.R Vs Government of Kerala — Pension and Retirement Benefits | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON

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THURSDAY, THE 15TH DAY OF NOVEMBER 2012/24TH KARTHIKA 1934

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WP(C).No. 1225 of 2012 (C)

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PETITIONER):

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PRIYA.P.R, AGED 30 YEARS HIGH SCHOOL ASSISTANT, (PHYSICAL SCIENCE) LV HIGH SCHOOL, POTHENCODE P.O. THIRUVANANTHAPURAM DISTRICT.

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BY ADVS.SRI.P.N.MOHANAN

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SMT.I.VINAYAKUMARI

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RESPONDENTS:

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GOVERNMENT OF KERALA

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REPRESENTED BY THE SECRETARY TO GOVERNMENT

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SECRETRIAT, THIRUVANANTHAPURAM-695 001.

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THE DEPUTY DIRECTOR OF EDUCATION

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THIRUVANANTHAPURAM-695 001.

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THE DISTRICT EDUCATIONAL OFFICER

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THIRUVANANTHAPURAM-695 001.

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THE MANAGER

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L.V.HIGH SCHOOL, POTHENCODE-695 584

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THIRUVANANTHAPURAM.

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R1 TO R3 BY SR. G.P. SRI.M.A.FAYAZ

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 15-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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APPENDIX(WPC 1225/2012)

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PETITIONER'S EXHIBITS

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EXHIBIT P1. A TRUE COPY OF THE APPOINTMENT ORDER AND THE ORDER OF APPROVAL DATED 5/1/2011 OF THE DISTRICT EDUCATIONAL OFFICER.

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EXHIBIT P2. A TRUE COPY OF THE APPOINTMENT ORDER AND THE ORDER OF APPROVAL DATED 22/5/2008 OF THE DISTRICT EDUCATIONAL OFFICER.

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EXHIBIT P3. A TRUE COPY OF THE JUDGMENT REPORTED IN 2009 (2) KLT 604. EXHIBIT P4. A TRUE COPY OF THE G.O.(P) NO.56/11 G.EDN. DATED 26/2/2011. EXHIBIT P5. A TRUE COPY OF THE ORDER DTATED 20/8/2011 OF THE 1ST RESPONDENT.

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EXHIBIT P6. A TRUE COPY OF THE LETTER DATED 20/8/2011 OF THE DISTRICT EDUCATIONAL OFFICER.

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EXHIBIT P7. A TRUE COPY OF THE ORDER DATED 16/12/2011 OF THE DEPUTY DIRECTOR.

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RESPONDENTS' EXHIBITS - NIL

TRUE COPY

P.A. to Judge

pms

P.R. RAMACHANDRA MENON J.

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W.P. (C) No. 1225 of 2012

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JUDGMENT

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The petitioner, who was appointed as 'HSA' vide Ext.P1 order against an anticipated vacancy, challenges endorsement of the 3^rd respondent on Ext. P1, approving her appointment from '06.06.2006 to 31.03.2007 ' only on the daily wage basis and on regular basis from 04.06.2007, and seeks for a direction to approve the service w.e.f. 06.06.2006 on Scale of pay.

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The learned Counsel for the petitioner submits that, in view of the dictum laid down by a Division Bench of this Court in Unni Narayanan vs. State of Kerala (2009(2) KLT 604), the petitioner is entitled to get approval from the date of appointment i.e. from 06.06.2006. The learned counsel further submits that though an SLP is pending against the said verdict, similar matters were disposed of by this Court, with a direction that the dictum of the Division Bench

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in Unni Narayanan' s case (cited supra) shall be given effect to and approval can be granted to the petitioners therein on

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W.P.(C) No. 1225 of 2012

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: 2 :

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submitting an undertaking that in the event of the Special Leave Petitions being allowed, salary will be reimbursed to the Government.

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In the said circumstances, the petitioner is entitled to succeed in the writ petition. This writ petition is allowed and Ext. P1, to the extent approval is granted only on daily wage basis for the relevant period mentioned therein, is quashed. The petitioner will be granted approval on regular basis on the scale of pay, on giving an ' undertaking' that, in the event of the Special Leave Petitions challenging the judgment of this Court in Unni Narayanan v. State of Kerala ( 2009(2) KLT 604 ) are allowed, the petitioner will reimburse the amount drawn as salary. Appropriate orders shall be issued within a period of two months from the date of receipt of a copy of this judgment and the monetary benefits, less the amount already drawn, shall be disbursed accordingly.

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sd/-

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P. R. RAMACHANDRA MENON, (JUDGE)

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kmd /True copy/

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P. A. to Judge

Priya.P.R v. Government of Kerala

Case brief

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Priya.P.R v. Government of Kerala

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