Petitioner sought regular approval for her UP.A. appointment. Court allowed petition directing authorities to grant regular approval upon undertaking to reimburse salary if the Unni Narayanan judgment is overruled by Supreme Court.
Grant of regular approval upon acceptance of undertaking to reimburse salary if Unni Narayanen judgment is set aside.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
MONDAY, THE 17TH DAY OF DECEMBER 2012/26TH AGRAHAYANA 1934
WP(C).No. 28989 of 2012 (W)
PETITIONER :
SHEENA M. MATHEW, MOOLACKAL SHIJU BHAVAN, NIRANAM P.O., THIRUVALLA, (UPPER PRIMARY SCHOOL ASSISTANT, ST.MARY'S HIGH SCHOOL NIRANAM) 689 621
BY ADV. SRI.S.SUBHASH CHAND
RESPONDENTS :
1. THE STATE OF KERALA
2. DISTRICT EDUCATIONAL OFFICER,
3. MANAGER,
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
RKM
WP(C).No. 28989 of 2012 (W)
APPENDIX
PETITIONER'S EXHIBITS :
RESPONDENTS' EXHIBITS : NIL
TRUE COPY
PA TO JUDGE
RKM
P.R.RAMACHANDRA MENON, J.
W.P.(c) No.28989 OF 2012
JUDGMENT
The petitioner was appointed as U.P.S.A. with effect from 1/11/2007 vide Ext.P1 by the third respondent. The approval was however granted by the second respondent only 'on daily wages' with effect from 1.11.2007 to 31.3.2008 and on a regular basis with effect from 02.06.2008. The petitioner contends that she is entitled to get approval on regular basis from the date of her appointment and hence is under challenge in this writ petition.
W.P.(C)No.28989/2012
2
supra) will be implemented and approval can be granted to the petitioner therein on submitting an undertaking that in the event of the Special Leave Petitions being allowed, salary will be reimbursed to the Government.
Writ petition is disposed of.
P.R.RAMACHANDRA MENON JUDGE
sv.
W.P.(C)No.28989/2012 3
W.P.(C)No.28989/2012 4
2 issues framed by the court
Whether the petitioner is entitled to regular approval for her appointment as Upper Primary School Assistant retrospectively from the date of appointment.
Whether the petitioner can secure regular appointment by undertaking to reimburse salary if the Unni Narayanan judgment is ultimately set aside by the Supreme Court.
Colour shows how this judgement treated each authority
Unni Narayanan v. State of KeralaRelied on¶40
Unni Narayanan v. State of Kerala (2009 (2) KLT 604)
Unni Narayanan v. State of KeralaRelied on¶42
Unni Narayanan's
Sheena M. Mathew
The State of Kerala
District Educational Officer
Manager, St.Mary's High School, Niranam
P.R. Ramachandran Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
