Allowed

Shameer P. and Others v. State of Kerala and Others

Kerala HC13 Feb 2017WP(C)/4036/2011

Case brief

AI extract

What is this about?

The High Court allowed this writ petition challenging an order directing recovery of vacation salary sold by Higher Secondary School Teachers. Relying on Supreme Court precedent, the court held that regular appointment warrants vacation salary payment irrespective of working days, setting aside the recovery order.

What did the court decide?

Ext.P15 order set aside to the extent applicable to petitioners; vacation salary drawn is declared not liable to be refunded.

Shameer P. and Others Vs State of Kerala and… — Pension and Retirement Benefits | Kerala HC (2017)

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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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MONDAY, THE 13TH DAY OF FEBRUARY 2017/24TH MAGHA, 1938

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WP(C).No. 4036 of 2011 (D)

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PETITIONER(S):

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1. SHAMEER P., H.S.S.T.(COMMERCE), D.I.SABHA GIRLS HIGHER SECONDARY SCHOOL KANNUR, KANNUR DISTRICT.

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2. SHAMSHEENA B., H.S.S.T.(CHEMISTRY), D.I.SABHA GIRLS HIGHER SECONDARY SCHOOL KANNUR, KANNUR DISTRICT.

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3. HANEEFA P., H.S.S.T. JR.(CHEMISTRY), D.I.SABHA GIRLS HIGHER SECONDARY SCHOOL KANNUR, KANNUR DISTRICT.

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4. GINEESH M., H.S.S.T. JUNIOR (COMMERCE), CHOVVA H.S.S.KANNUR, KANNUR DISTRICT.

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5. JIGESH PUTHIKKUDI, H.S.S.T. JUNIOR (CHEMISTRY), KADAMBUR H.S.S., KADAMBUR P.O., EDAKKAD, KANNUR DISTRICT.

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6. VIJAYAKUMAR K., H.S.S.T. JUNIOR(SANSKRIT) KADAMBUR H.S.S., KADAMBUR P.O., EDAKKAD, KANNUR DISTRICT.

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7. GULAM MUHAMMED P., H.S.S.T.JUNIOR (HISTORY), NOCHAT HIGHER SECONDARY SCHOOL, KOZHIKODE, KOZHIKODE DISTRICT.

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8. MUHAMMED NISSAR, H.S.S.T.(COMMERCE) NOCHAT HIGHER SECONDARY SCHOOL KOZHIKODE, KOZHIKODE DISTRICT.

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9. K.SUNILKUMAR, H.S.S.T. JUNIOR (HINDI) NOCHAT HIGHER SECONDARY SCHOOL KOZHIKODE, KOZHIKODE DISTRICT.

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10. JOSHY JOSEPH, H.S.S.T. (ENGLISH), ST.MARY'S H.S.S. PARIYAPURAM P.O., ANGADIPPURAM, MALAPPURAM DISTRICT.

Msv/

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WP(C).No. 4036 of 2011 (D)

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11. BENNY THOMAS, H.S.S.T. JUNIOR (ENGLISH), ST.MARY'S H.S.S. PARIYAPURAM P.O., ANGADIPPURAM, MALAPPURAM DISTRICT.

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BY ADVS.SRI.M.SASINDRAN SRI.V.VENUGOPAL

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001.

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2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM.

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3. THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, KOZHIKODE.

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BY SENIOR GOVERNMENT PLEADER SMT.MARY BEENA JOSEPH

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-02-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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msv/

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WP(C).No. 4036 of 2011 (D)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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P1 TRUE COPY OF THE ORDER NO.A4/2298/2005/K.DIS DTD.8.5.2007.

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P1(a) TRUE COPY OF THE ORDER NO.A4/823709/K.DIS DTD.10.12.2009.

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P2 TRUE COPY OF THE ORDER A4/2297/2005/K.DIS DTD.9.5.2007.

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P2(a) TRUE COPY OF THE ORDER DTD.27.5.2008 AS PER ORDER NO.A4/10455/06/K/DIS.

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P3 TRUE COPY OF THE ORDER NO.10610/06/K.DIS DTD.2.6.2008.

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P4 TRUE COPY OF THE ORDER NO.A4/1456/06/K.DIS DTD.20.9.2007.

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P5 TRUE COPY OF THE ORDER NO.A4/7577/06/K.DIS DTD.8.2.2007.

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P6 TRUE COPY OF THE ORDER NO.A4/7576/06/K.DIS DTD.27.3.2008.

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P7 TRUE COPY OF THE ORDER DTD.18.12.2006 AS PER ORDER NO.A5/2291/06.

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P8 TRUE COPY OF THE ORDER NO.A5/2290/06/K.DIS DTD.7.2.2007.

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P8(a) TRUE COPY OF THE ORDER DTD.14.10.2010 BY ORDER NO.A5/8658/2010.

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P9 TRUE COPY OF THE ORDER DTD.18.1.2007 AS PER ORDER NO.A5/1006/06.

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P10 TRUE COPY OF THE ORDER DTD.4.1.2007 AS PER ORDER NO.A5/8016/06.

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P10(a) TRUE COPY OF THE ORDER DTD.21.7.2007 AS PER ORDER NO.A5/450/07/K.DIS.

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P11 TRUE COPY OF THE ORDER NO.A5/10297/06/K.DIS DTD.18.8.2007.

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P12 TRUE COPY OF THE JUDGMENT IN WPC.NO.5472 OF 2008.

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P13 TRUE COPY OF THE ORDER NO.ACD.B2/17921/HSE/01 DTD.26.2.2009.

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P14 SERIES TRUE COPY OF THE ORDERS ISSUED BY THE 3RD RESPONDENT DIRECTING TO GRANT VACATION SALARY.

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P15 TRUE COPY OF THE ORDER NO.ACD.B2/17921/HSE/09 DTD.11.2.2010.

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P16 TRUE COPY OF THE JUDGMENT DTD.25.3.2009 IN WPC.6201/2009.

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RESPONDENT(S)' EXHIBITS

NIL

//TRUE COPY//

P.S.TO JUDGE

Msv/

ANU SIVARAMAN, J.

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W.P.(C) No.4036 of 2011

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Dated this the 13^th day of February, 2017

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J U D G M E N T

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The petitioners, who were appointed as Higher Secondary School Teachers and Higher Secondary School Teachers (Junior) during different periods in aided schools in the State, challenge Ext.P15 order issued by the Director of Higher Secondary Education, to the extent it directs recovery of benefit of vacation salary claimed by the petitioners.

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Heard the learned counsel for the petitioners and the learned Senior Government Pleader appearing for respondents.

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It is submitted by the learned counsel for the petitioners that the issue raised in this writ petition is covered by judgments of this Court in W.P.(C) Nos.11048/2014 and 24720/2015 where it has been held that the appointment of petitioners being against regular sanctioned posts, there is no justification for denying the benefit of vacation salary to them. The issue raised in this writ petition is also identical since the petitioners have already been

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W.P.(C) No.4036/2011

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paid vacation salary and the benefits are being sought to be recovered on the basis of Ext.P15 order.

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Though no counter affidavit has been filed, learned Senior Government Pleader would submit that it was on the basis of the provisions contained in Rule 49, Chapter XIVA KER that orders have been issued seeking to recover the vacation salary, since the petitioners did not have a full academic year's service during the years in question to enable them to draw vacation salary.

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I have considered the contentions. The question advanced is squarely covered by the decisions referred to above. Moreover it has been held by the Apex Court in State of Kerala vs . Sneha Cheriyan (2013 (1) KLT 755 (SC)) that what is to be looked into is not the number of days for which the appointee has worked in the academic year but the duration and the nature of vacancy in question. Since the petitioners have admittedly been appointed against regular vacancies, I am of the view that invocation of Rule 49 of Chapter XIVA KER to deny them vacation salary is not legal.

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In the above view of the matter, this writ petition is allowed. Ext.P15 order to the extent it is applicable to the

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W.P.(C) No.4036/2011

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petitioners is set aside. It is declared that the vacation salary

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drawn by the petitioners is not liable to be refunded.

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Sd/-

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ANU SIVARAMAN JUDGE

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smp

Shameer P. and Others v. State of Kerala and Others

Case brief

What is this about?

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Shameer P. and Others v. State of Kerala and Others

Case brief

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