Allowed

Fathima.v.P. v. Director of Public Instruction

Kerala HC5 Oct 2016WP(C)/10769/2012

Case brief

AI extract

What is this about?

The High Court quashed an audit order restricting a teacher's appointment to daily wages. Ruling that regular vacancies warrant full approval dates, it held the petitioner entitled to salary and benefits from 13.12.2007.

What did the court decide?

Quashing of Exhibit P3; declaration that petitioner is entitled to approval of appointment with effect from 13.12.2007 and all consequential benefits.

Fathima.v.P. Vs Director of Public Instruction — Pension and Retirement Benefits | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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WEDNESDAY, THE 5TH DAY OF OCTOBER 2016/13TH ASWINA, 1938

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WP(C).No. 10769 of 2012 (U)

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PETITIONER:

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FATHIMA.V.P., AGED 26 YEARS, W/O.MR.MOHAMMED ASLAM T.K, L.P.S.A, A.M LOWER PRIMARY SCHOOL, NATYAMANGALAM P.O, CHUNDAMPATTA, PALAKAD - 679 337.

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BY ADVS.SRI.C.A.MAJEED

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SRI.K.H.ASIF

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RESPONDENT(S):

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1. DIRECTOR OF PUBLIC INSTRUCTION, DIRECTOR OF PUBLIC INSTRUCTION OFFICE,

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JAGATHY, THIRUVANANTHAPURAM - 695 001.

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2. DEPUTY DIRECTOR OF EDUCATION, D.D'S OFFICE, PALAKKAD - 678 001.

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3. DISTRICT EDUCATIONAL OFFICER, OTTAPPALAM, PALAKKAD - 678 001.

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4. ASSISTANT EDUCATIONAL OFFICER, PATTAMBI - 679 303, PALAKKAD DISTRICT.

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5. THE HEAD MISTRESS, A.M LOWER PRIMARY SCHOOL, NATYAMANGALAM P.O, CHUNDAMPATTA, PALAKKAD - 679 337.

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6. MANAGER, A.M LOWER PRIMARY SCHOOL, NATYAMANGALAM P.O, CHUNDAMPATTA, PALAKKAD - 679 337.

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R1 TO R4 BY GOVT. PLEADER SRI.BEJOY CHANDRAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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mbr/

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WP(C).No. 10769 of 2012 (U)

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXT. P1	: A PHOTOCOPY OF THE APPOINTMENT ORDER DATED 13.2.2009.
EXT. P2	: A PHOTOCOPY OF THE ORDER DATED 22.1.2009 ISSUED BY THE 1ST RESPONDENT.
EXT. P3	: A PHOTOCOPY OF THE ORDER NO.F/6825/11 DATED 7.4.2012 ISSUED BY THE 4TH RESPONDENT.
EXT. P4	: A PHOTOCOPY OF G.O.(P).NO.56/11 DATED 26.2.2011 ISSUED BY THE GOVERNMENT.
EXT. P5	: PHOTOCOPY OF THE ORDER NO.F/37/2016/L.DIS ISSUED BY THE 4TH RESPONDENT DATED 15.2.2016.

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RESPONDENTS' EXHIBITS:

NIL.

//TRUE COPY//

P.S. TO JUDGE

mbr/

ANU SIVARAMAN, J.

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----------------------------------------------W.P(C).No. 10769 of 2012

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----------------------------------------------Dated this the 5^th October, 2016

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JUDGMENT

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The prayers in the writ petition are to quash Exhibit P3 and for a direction to the 4^th respondent to pay salary as per the pay scale to the petitioner reckoning her approved service from 13.12.2007. The petitioner was appointed as LPSA in regular vacancy which arose on account of the death of P.S.Sreedevi, LPSA, who expired on 1.5.2007. Her appointment was duly approved on 13.2.2009 with effect from 13.12.2007. By Exhibit P2 order, the Director of Public Instruction had also approved the appointment of the petitioner with effect from 13.12.2007 condoning the delay on the part of the Manager in submitting the documents necessary for approval of the appointment. However, by Exhibit P3 order, it appears that an audit objection was raised stating that the appointment of the petitioner from 13.12.2007 could be approved only on daily wages, since the period of appointment in the academic year 2007-08 was less than eight months.

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Heard learned counsel for the petitioner and the learned Government Pleader appearing for the respondents.

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It is submitted by learned counsel for the petitioner that the appointment of the petitioner being in a regular vacancy, the question

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WP(C).10769/12 2

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of period of appointment would not arise and therefore, the petitioner would be entitled to have her appointment approved with effect from 13.12.2007. The learned counsel for the petitioner placed reliance on the decision of the Apex Court in State of Kerala and others v. Sneha Cheriyan and another [2013(1) KHC 660] and also the decision of this Court Unni Narayanan v. State of Kerala [2009(2) KLT 604].

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Counter affidavit has been filed by the respondents contending that the petitioner was appointed only with effect from 13.12.2007 and had been allowed to draw pay and allowances with effect from that date. It is stated that the petitioner is eligible only for appointment on daily wages from 13.12.2007 to 30.4.2008.

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The petitioner's appointment, as stated earlier, was in a regular vacancy of an LPSA, who died on 1.5.2007. This Court as well as the Apex Court has held that in cases of regular appointment, the incumbent would be entitled to approval of appointment and all the consequential benefits, even if the period of appointment is less than eight months. In the above circumstances, the audit objection raised in Exhibit P3 cannot stand. Since the appointment of the petitioner was in a regular vacancy, the petitioner would be entitled to approval with effect from the date of her appointment which is duly approved. The petitioner would, therefore, be entitled to approval of her appointment with effect from 13.12.2007.

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WP(C).10769/12

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In the above circumstances, this writ petition is allowed quashing Exhibit P3 and declaring that the petitioner is entitled to approval of appointment with effect from 13.12.2007 and all consequential benefits.

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ANU SIVARAMAN

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JUDGE

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vgs5/10

Fathima.v.P. v. Director of Public Instruction

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Fathima.v.P. v. Director of Public Instruction

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