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M.P.Indu v. the Assistant Educational Officer

Kerala HC1 Nov 2018WP(C)/3940/2015

Case brief

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What is this about?

In this writ petition, the High Court of Kerala directed the respondents to pay regular scale of pay to the petitioner, a Lower Primary School Assistant, from her date of appointment (04.10.2006) with arrears payment within four months, relying on a substantial vacancy finding.

What did the court decide?

The respondents are directed to pay regular scale of pay from the date of appointment with arrears to be paid within four months.

M.P.Indu Vs the Assistant Educational Officer — Pension and Retirement Benefits | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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THURSDAY, THE 01ST DAY OF NOVEMBER 2018 / 10TH KARTHIKA, 1940

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WP(C).No.3940 of 2015

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PETITIONER/S:

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M.P.INDU., LOWER PRIMARY SCHOOL ASSISTANT (LPSA), AIDED LOWER PRIMARY SCHOOL, MELATTUR, MALAPPURAM DISTRICT.

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BY ADV. DR.GEORGE ABRAHAM

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RESPONDENT/S:

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1 THE ASSISTANT EDUCATIONAL OFFICER, MELATTUR, MALAPPURAM DISTRICT.

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2 THE DISTRICT EDUCATIONAL OFFICER, WANDOOR, MALAPPURAM DISTRICT.

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3 THE DEPUTY DIRECTOR EDUCATION, MALAPPURAM.

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4 THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM.

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5 STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT,GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM.

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6 THE MANAGER, AIDED LOWER PRIMARY SCHOOL, MELATTUR,MALAPPURAM DISTRICT.

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BY SENIOR GOVERNMENT PLEADER, SMT.NISHA BOSE

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.3940 of 2015 2

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JUDGMENT

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The petitioner was appointed with effect from 04.10.2006 in a

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substantial vacancy. However, her approval was granted on daily wages from 04.10.2006 to 31.3.2007 and thereafter from 01.06.2007 onwards in a regular scale of pay. The petitioner claims regular scale of pay from 04.10.2006 onwards.

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In view of the fact that the petitioner was appointed in a substantial vacancy, the petitioner is entitled for regular scale of pay

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in the light of the judgment of the Hon'ble Supreme Court in State of Kerala v.Sneha Cheriyan [2013(1) KHC 660 ]. Therefore, the impugned

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order to the extent declining approval of regular scale of pay with effect from the date of appointment is set aside. The respondents are directed to pay regular scale of pay to the petitioner from the date of appointment. Arrears shall be paid within a period of four months.

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The writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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WP(C).No.3940 of 2015 3

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF APPOINTMENT ORDER OF THE PETITIONER SHOWING APPROVAL ON DAILY WAGE BASIS.

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EXHIBIT P2 TRUE COPY OF APPOINTMENT ORDER OF THE PETITIONER SHOWING APPROVAL ON REGULAR SCALE OF PAY BASIS.

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EXHIBIT P3 TRUE COPY OF APPEAL FILED BY THE PETITIONER WITH THE D.P.I.ON 03.09.2011.

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EXHIBIT P4 TRUE COPY OF THE ORDER ISSUED BY THE D.P.I.DATED 06.07.2012.

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EXHIBIT P5 TRUE COPY OF THE STATUTORY REVISION FILED BY THE PETITIONER UNDER RULE 92, WITH THE GOVERNMENT, DATED 17.08.2012.

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EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 19TH SEPTEMBER, 2014.

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EXHIBIT P8 TRUE COPY OF THE GOVERNMENT ORDER DATED 6TH JANUARY,2015.

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RESPONDENTS EXHBITS:NIL.

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//TRUE COPY//

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P.A.TO JUDGE

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M.P.Indu v. the Assistant Educational Officer

Case brief

What is this about?

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M.P.Indu v. the Assistant Educational Officer

Case brief

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