Disposed

S. Shylaja Devi v. the State of Kerala

Kerala HC24 May 2013WP(C)/37402/2007

Case brief

AI extract

What is this about?

Petitioners, school employees appointed to sanctioned posts, sought retrospective salary approval from their initial dates. The Court directed the Secretary to Government to dispose of their representation under Rule 92 of Chapter XIV A of Kerala Education Rules within six months to consider retrospective approval. The writ petition was subsequently disposed of.

What did the court decide?

Directed the Secretary to Government, General Education to dispose of Ext.P18(a) within six months treating it under Rule 92 of Chapter XIV A of Kerala Education Rules.

S. Shylaja Devi Vs the State of Kerala — Service and Employment | Kerala HC (2013)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:

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THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

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FRIDAY, THE 24TH DAY OF MAY 2013/3RD JYAISHTA 1935

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WP(C).No. 37402 of 2007 (C)

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PETITIONER(S):

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1. S. SHYLAJA DEVI, KADAMPATTU HOUSE, PEROORKARANMA, VEDARAPLAVU (PO) CHARUMMOOD (NOW WORKING AS CLERK, V.V.HIGHER SECONDARY SCHOOL, THAMARAKKULAM, CHARUMMOOD (P.O).

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2. T.T. SREEJITH, THAIVILAYIL HOUSE, PEROORKARANMA, CHARUMMOODU (P.O) (NOW WORKING AS CLERK, V.V.HIGHER SECONDARY SCHOOL THAMARAKKULAM, CHARUMMOOD (P.O).

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3. M.G. RAJEEV, RAJEEV BHAVAN, PEROORKARANMA, CHARUMMOODU (P.O) (NOW WORKING AS PEON, V.V.HIGHER SECONDARY SCHOOL THAMARAKKULAM, CHARUMMOOD (P.O).

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4. R.BIJU, THAYYIL HOUSE, VEDARAPLAVU (P.O), CHARUMMOODU (NOW WORKING AS PEON, V.V.HIGHER SECONDARY SCHOOL THAMARAKKULAM, CHARUMMOOD (P.O).

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5. P. VIJAYAMMA, PUTHENVEETTIL KIZHAKKATHIL, THENGAMAM (P.O) KOLLAM DISTRICT, (NOW WORKING AS FULL TIME MENIAL (FTM), V.V. HIGHER SECONDARY SCHOOL, THAMARAKKULAM CHARUMMOODU (P.O).

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BY ADVS.SRI.T.K.MARTHANDAN UNNITHAN

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SRI.V.JAYAKUMAR

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RESPONDENT(S):

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1. THE STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY GOVERNMENT OF KERALA, THIRUVANANTHAPURAM.

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2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM.

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3. THE DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA, ALLEPPEY DISTRICT.

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4. THE MANAGER, V.V. HIGHER SECONDARY SCHOOL, THAMARAKKULAM CHARUMMOODU (P.O), PIN-690 505.

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5. THE HEADMASTER, V.V. HIGHER SECONDARY SCHOOL, THAMARAKKULAM CHARUMMOODU (P.O), PIN-690 505.

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R1-3 BY ADV. GOVERNMENT PLEADER SMT. MADHUBEN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 24-05-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 37402 of 2007 (C)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1 : TRUE COPY OF APPOINTMENT ORDER DT 1.7.1999 ISSUED BY THE 4TH RESPONDENT TO THE 1ST PETITIONER

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EXT.P2 : TRUE COPY OF APPOINTMENT ORDER DT 1.7.1999 BY WHICH THE 2ND PETITIONER WAS APPOINTED AS FULL TIME MENIAL.

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EXT.P3 : TRUE COPY OF APPOINTMENT ORDER DT 2.7.1999 BY WHICH THE 3RD PETITIONER WAS APPOINTED AS FULL TIME MENIAL

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EXT.P4 : TRUE COPY OF APPOINTMENT ORDER DT 2.7.1999 BY WHICH THE 4TH PETITIONER WAS APPOINTED AS FULL TIME MENIAL

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EXT.P5 : TRUE COPY OF APPOINTMENT ORDER DT 23.10.2000 BY WHICH THE 5TH PETITIONER WAS APPOINTED AS F.T.M

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EXT.P6 : TRUE COPY OF CERTIFICATE DT 4.11.2007 ISSUED BY THE HEADMISTRESS TO THE 1ST PETITIONER

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EXT.P6(a) : TRUE COPY OF CERTIFICATE DT 14.11.2007 ISSUED BY THE HEADMISTRESS TO THE 2ND PETITIONER

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EXT.P6(b) : TRUE COPY OF CERTIFICATE DT 14.11.2007 ISSUED BY THE HEADMISTRESS TO THE 3RD PETITIONER

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EXT.P6(c) : TRUE COPY OF CERTIFICATE DT 14.11.2007 ISSUED BY THE HEADMISTRESS TO THE 4TH PETITIONER

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EXT.P6(d) : TRUE COPY OF CERTIFICATE DT 14.11.2007 ISSUED BY THE HEADMISTRESS TO THE 5TH PETITIONER

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EXT.P7 : TRUE COPY STAFF FIXATION ORDER DT 24.1998 FOR THE YEAR 1998-99 ISSUED BY THE D.E.O

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EXT.P8 : TRUE COPY OF STAFF FIXATION ORDER DT 27.11.1999 ISSUED BY THE D.E.O FOR THE YEAR 1999-2000

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EXT.P9 : TRUE COPY OF STAFF FIXATION ORDER DT 31.8.2000 FOR THE YEAR 2000-01 EXT.P10 : TRUE COPY OF STAFF FIXATION ORDER DT 31.12.2000 FOR THE YEAR 2001-02 ISSUED BY THE DEO

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EXT.P11 : TRUE COPY OF STAFF FIXATION ORDER DT 30.10.2001 FOR THE YEAR 2001-02 ISSUED BY THE DEO

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EXT.P12 : TRUE COPY OF STAFF FIXATION ORDER DT 16.8.2003 FOR THE YEAR 2003-04 ISSUED BY THE DEO

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EXT.P13 : TRUE COPY OF STAFF FIXATION ORDER DT 18.10.2004 FOR THE YEAR 2004-05 ISSUED BY THE DEO

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EXT.P14 : TRUE COPY OF STAFF FIXATION ORDER DT 27.8.2005 FOR THE YEAR 2005-06 ISSUED BY THE DEO

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EXT.P15 : TRUE COPY OF STAFF FIXATION ORDER DT 10.10.2006 FOR THE YEAR 2006-07 ISSUED BY THE DEO

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EXT.P16 : TRUE COPY OF GOVERNMENT ORDER DT 25.6.2005 ISSUED BY THE GOVERNMENT OF KERALA

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EXT.P17 : TRUE COPY OF REPRESENTATION DT 18.9.2006 SUBMITTED BY THE KERALA AIDED SCHOOL NON TEACHING STAFF ASSOCIATION BEFORE THE MINISTER FOR EDUCATION AND CULTURE

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EXT.P18 : TRUE COPY OF COVERING LETTER DT 27.12.2006 SUBMITTED BY THE MANAGER

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EXT.P18(a) : TRUE COPY OF REPRESENTATION DT 27.12.2006 SUBMITTED BY THE PETITIONERS BEFORE THE SECRETARY, GENERAL EDUCATION DEPARTMENT

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EXT.P19 : TRUE COPY OF GOVERNMENT ORDER NO.GO(MS) NO.260/99/G.EDN. DATED 26.10.1999

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RESPONDENTS' ANNEXURES: NIL

//TRUE COPY//

P.A. TO JUDGE

jma

K. VINOD CHANDRAN, J

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- - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No.37402 of 2007 C

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- - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Dated this the 24^th day of May, 2013

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J U D G M E N T

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The petitioners are seeking for an anterior date of approval of their appointment by the above writ petition. The 1^st petitioner was appointed as a Peon with effect from 1.7.1999 and the 2^nd petitioner as a Full time Menial with effect from 1.7.1999. The 3^rd and 4^th petitioners have been appointed as Full Time Menials with effect from 2.7.1999. The 5^th petitioner was appointed as a Full Time Menial with effect from 23.10.2000 when the 2^nd petitioner was transferred and appointed as the Lab Attender of the Higher Secondary Section.

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The petitioners' contention is that they ought to have been granted approval in the respective sanctioned posts to which they were appointed, which they were qualified to occupy; from the date of their initial appointment. However, the appointment of the petitioners 2 to 5 were approved with effect from 27.3.2003 and the 1^st petitioner's was approved with effect from 1.5.2002. The grievance of the petitioners is

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WPC.37402/2007

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: 2 :

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that they have been deprived of their salary for the period they have worked prior to the dates from which their appointments were approved. Since, they were appointed to sanctioned post, it is the contention of the petitioners that they have ought to have been approved from the date on which they were initially appointed.

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The Government also by their counter affidavit accept the fact that the petitioners were appointed initially on the dates above mentioned. It is not the contention of the Government that they were not appointed to sanction posts since their own counter affidavit reveals that the appointment of the petitioners were made to vacancies already existing in the school and from which incumbents were either transferred or promoted. In fact, the specific averments regarding the appointment of each of the petitioner is as under:-

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“It is submitted that the first petitioner Smt.Shylaja Devi has been appointed as Peon with effect from 1.7.1999 at VVHS Thamarakkulam(an Aided School) in the vacancy of Sri.G.Ramakrishna Pillai, Peon promoted as Lab Attender of Higher Secondary School under the same management. Sri. Ramakrishna Pillai, while working as Lab

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WPC.37402/2007

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: 3 :

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Attender of the HSS section has been appointed on promotion as Clerk into H.S Section. In the resultant vacancy Shylaja Devi was appointed as Lab Attender for the period from 2.8.1999 to 1.5.2002. When Sri. Ramakrishna Pillai, Clerk of the H.S Section retired from service on 30.4.2002, Smt. Shylaja Devi was appointed as Clerk with effect from 2.5.2002 and her appointment has been approved. The appointment of Smt.Shylaja Devi, Full Time Menial from the High School to Higher Secondary wing as Lab Attender and vice versa as Lab Attender to Clerk cannot be considered as “promotion”. Because the High School/and Higher Secondary section are running under the control of separate Departments. She was worked as Peon for the period from 1.7.1999 to 1.8.1999 in the High School and as Lab Attender from 2.8.1999 to 1.5.2002 at the Higher Secondary Section.

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It is submitted that 2^nd petitioner Sri. T.T Sreejith was appointed as Full Time Menial in the High School with effect from 1.7.1999 in the vacancy of one Sri.B,Babu(FTM) of the school transferred and appointed as Lab Attender of the Higher Secondary Section. Again, this petitioner was appointed as Peon with effect from 2.8.1999 in the vacancy of the 1^st petitioner who was appointed as Lab Attender. His appointment as Peon was approved with effect from 28.3.2003 in the

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WPC.37402/2007

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: 4 :

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vacancy of the 1^st petitioner who has been appointed as Clerk with effect from 2.5.2002. Again Sri.Sreejith was promoted as Clerk with effect from 1.6.2005 in a retirement vacancy. This has also been approved.

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Third petitioner Sri. M.G.Rajeev, who was appointed as FTM in the High School with effect from 2.7.1999 in the vacancy arose consequent on the transfer appointment of Sri.T.R.Mohanan, FTM as Lab Attender of the Higher Secondary Section. Sri. Rajeev was appointed as Peon with effect from 1.12.2004 in the retirement vacancy of Sri. Ramachandran Nair, Peon retired on 30.11.2004. Appointment of Sri. M.G.Rajeev as FTM with effect from 28.3.2003 has been approved. His appointment as Peon was also approved.

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4^th petitioner Sri.R.Biju was appointed as FTM in the High School Section of the school with effect from 2.7.1999 in the vacancy arose consequent on the transfer appointment of the FTM Sri. C.P rasannan as Lab Attender of the Higher Secondary School. Again appointed as Peon with effect from 1.6.2005 in the vacancy of the 2^nd petitioner Sri.Sreejith promoted as Clerk on 1.6.2005. This appointment was also approved. The 4^th respondent is working as Peon in the school

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The 5^th petitioner Smt. Vijayamma was appointed as FTM on 23.10.2000 in the vacancy arose consequent on the promotion of the

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WPC.37402/2007

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: 5 :

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second respondent Sreejith as Peon. His appointment was also approved with effect from 26.3.2003 onwards.”

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The staff fixation orders produced along with the writ petition also would disclose that the posts to which the petitioners were appointed where sanctioned and in existence, at the time of appointment. However, the orders of approval of each of the petitioners have not been produced. The petitioners are contend with a direction to the Government to consider Ext.P18(a) representation. The petitioners also rely on Ext.P16 which contemplates creation of supernumerary posts of Lab Attenders in the Higher Secondary Section and the transfer of eligible persons from the High School Section. Ext.P16 also mandate that qualified persons appointed in vacancies arising on such transfer of hands to the Higher Secondary Section, if filled up by qualified hands, then the appointments ought to be approved from the date of their induction into service.

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In the above circumstances, it is directed that Ext.P18(a) filed before the Secretary to Government, General Education, Government Secretariat, Thiruvananthapuram

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WPC.37402/2007

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: 6 :

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shall be disposed of, in accordance with law, within a period of six months from the date of production of a copy of this judgment. The petitioners are directed to produce a copy of this judgment along with the writ petition and the connected documents within a period of two weeks from the date of receipt of copy of this judgment before the Secretary to Government, General Education Department, Government Secretariat, Thiruvananthapuram who shall consider the matter and dispose of the matter in accordance with law, as directed above, treating the application as one filed under Rule 92 of Chapter XIV A of the Kerala Education Rules.

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Writ Petition is disposed of as above. No costs.

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Sd/- (K. VINOD CHANDRAN, JUDGE)

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jma

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//True copy//

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P.A to Judge

S. Shylaja Devi v. the State of Kerala

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S. Shylaja Devi v. the State of Kerala

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