Petitioner challenged non-approval of regular pay scale for the period 30.07.2008 to 31.03.2009. Court disposed of writ by directing first respondent to expedite decision on revision petition.
Direction to respondent to consider revision petition and pass orders within one month.
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 A.K.JAYASANKARAN NAMBIAR
WEDNESDAY, THE 17TH DAY OF JUNE 2015/27TH JYAISHTA, 1937
WP(C).NO. 16306 OF 2015 (K)
PETITIONER(S):
SANDHYAMOL.P.R, W/O.RAJESHKUMAR K.R., POOVARASUMMOOTTIL HOUSE THIRUMOOLAPURAM PO, THIRUVALLA PATHANAMTHITTA-689 115 (HIGH SCHOOL ASSISTANT (ENGLISH) SREE NARAYANA VILASAM SANSKRIT HIGH SCHOOL (SNV SANSKRIT HS) THIRUMOOLAPURAM PO, THIRUVALLA)
BY ADV. SRI.S.SUBHASH CHAND
RESPONDENT(S):
1. STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT DEPARTMENT OF GENERAL EDUCATION GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER THIRUVALLA-689 001.
3. THE MANAGER, SREE NARAYANA VILASAM SANSKRIT HIGH SCHOOL (SNV SANSKRIT HS) THIRUMOOLAPURAM PO, THIRUVALLA-689 541.
BY GOVERNMENT PLEADER SMT.M.J.RAJASREE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-06-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).NO. 16306 OF 2015 (K)
APPENDIX
PETITIONER(S)' EXHIBITS
P1 : TRUE COPY OF THE APPOINTMENT ORDER DATED 30-7-2008 UPON WHICH RESPONDENT NO.2 HAS ENDORSED THE APPROVAL ORDER BEARING NO.B1/5475/10/D.DIS DATED 22-10-2011
P2 : TRUE COPY OF THE GOVERNMENT ORDER BEARING GO(P) NO.104/2008/G.EDN DATED 10-6-2008.
P3 : TRUE COPY OF THE APPOINTMENT ORDER DATED 19-6-2009 ISSUED BY RESPONDENT NO.3 AND APPROVED BY RESPONDENT NO.2.
P4 : TRUE COPY OF THE APPROVED APPOINTMENT ORDER DATED 18-7-2007 ISSUED BY RESPONDENT NO.3
P5 : TRUE COPY OF THE GOVERNMENT ORDER DATED 26-12-2014 PASSED BY RESPONDENT NO.1.
P6 : TRUE COPY OF GOVERNMENT ORDER DATED 24-12-2014 PASSED BY RESPONDENT NO.1
P7 : TRUE COPY OF THE STATUTORY REVISION PETITION DATED 6-4-2015 SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.1.
RESPONDENT(S)' EXHIBITS:NIL
//TRUE COPY//
P.A TO JUDGE
A.K.JAYASANKARAN NAMBIAR, J.
............................................................. W.P.(C).No.16306 of 2015 ............................................................. Dated this the 17th day of June, 2015
J U D G M E N T
The petitioner, who was appointed in a regular vacancy of UPSA at the Sreenarayana Vilasam Sanskrit High School, Thirumoolapuram, with effect from 30.07.2008, is aggrieved by the decision of the educational authority in not granting approval to the said appointment on the regular scale of pay. It is her case in the writ petition that, the appointment for the period from 30.07.2008 to 31.03.2009 was approved only on daily wages, and the approval on regular scale of pay was granted only with effect from 01.06.2009. The petitioner is therefore aggrieved by the nonapproval, on a regular scale of pay, for the period from 30.07.2008 to 31.03.2009. There is also a prayer for the grant of vacation salary during the year in question. I note that, agitating her grievance, the petitioner has preferred Ext.P7 revision petition before the 1st respondent. In the light of the decision of the Supreme Court in State of Kerala v. Sneha Cherian [2013 (1)
KLT 755] , I am of the view that, the 1st respondent can take an expeditious decision in the matter. Thus, I dispose the writ petition with a direction to the 1st respondent to consider and pass orders on Ext.P7 revision petition filed by the petitioner, taking note of the
2
W.P.(C).No.16306 of 2015
decision of the Supreme Court referred to above, as also Exts.P5 and P6 orders that have been issued by the 1st respondent in respect of other teachers in the same School. The 1st respondent shall pass orders as directed within a period of one month from today, after hearing the petitioner. To enable the 1st respondent to do so, I direct the petitioner to produce a copy of the writ petition along with a copy of this judgment before the 1st respondent for further action.
A.K.JAYASANKARAN NAMBIAR JUDGE
mns
W.P.(C).No.16306 of 2015 3
1 issue framed by the court
Whether the writ petition should be disposed of with a direction to the first respondent to consider the petitioner's revision petition in light of the Supreme Court decision in State of Kerala v. Sne
Colour shows how this judgement treated each authority
State of Kerala v. Sneha Cherian [2013 (1) KLT 755]Referred¶32
SANDHYAMOL.P.R
STATE OF KERALA
THE DISTRICT EDUCATIONAL OFFICER
THE MANAGER, SREE NARAYANA VILASAM SANSKRIT HIGH SCHOOL
A.K.JAYASANKARAN NAMBIAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
