Partly allowed

Lajish G. Nair v. State of Kerala

Kerala HC6 Jun 2019WP(C)/3667/2019

Case brief

AI extract

What is this about?

Petitioner, a part-time LG Hindi Teacher, sought salary after appointment as Clerical staff despite inter-scale promotion issues. Court directed DEO to decide the pending appeal within one month after hearing and awarded salary as Clerk pending that decision.

What did the court decide?

Petitioner directed to receive salary as Clerk pending decision on appeal; DEO to decide appeal within one month after hearing.

Lajish G. Nair Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2019)

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W.P(c).No.3667/2019

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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THURSDAY, THE 06TH DAY OF JUNE 2019 / 16TH JYAISHTA, 1941

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WP(C).No. 3667 of 2019

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PETITIONER:

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LAJISH G. NAIR, AGED 37 YEARS, LOWER GRADE HINDI TEACHER (PART TIME), ST.JOHN'S UPPER PRIMARY SCHOOL, ULANADU, PANTHALAM, PATHANAMTHITTA, PIN-686 651.

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BY ADV. SRI.M.A.FAYAZ

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RESPONDENTS:

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

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2 DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695 014.

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3 DEPUTY DIRECTOR,

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CIVIL STATION, PATHANAMTHITTA, PIN-689 645.

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4 DISTRICT EDUCATIONAL OFFICER, THIRUVALLA, ERNAKULAM, PIN-689 101.

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5 ASST. DISTRICT EDUCATIONAL OFFICER, MANAGER, CATHOLICATE & M.D. SCHOOLS, DEVALOKAM, KOTTAYAM-686 004.

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BY SENIOR GOVERNMENT PLEADER NISHA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.P(c).No.3667/2019

P.V.ASHA, J.

W.P(C) No.3667 of 2019-G

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Dated this the 6^th day of June, 2019

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JUDGMENT

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The grievance of the petitioner is that he is not getting salary after his appointment as LG Hindi Teacher (Part-time).

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The petitioner was initially appointed as Full Time Menial. He was thereafter promoted as Peon and thereafter as Clerk. While working so he was granted promotion as LG HIndi Teacher (Part-time) as per Ext.P4 order from 1.8.2018. However, the proposal for approval was declined by the DEO as per Ext.P5 order on 27.10.2018 on the ground that the petitioner was drawing higher scale of pay in the post of Clerk while he was appointed as L.G HIndi Teacher with a lower scale. Pointing out that the basic pay of LG HIndi Teacher is only Rs.18,000/- and the petitioner was drawing a higher scale, the proposal was rejected saying that the post of L.G Hindi Teacher (Part-time) is not a promotion post of Clerk. Yet another reason stated in Ext.P6 was that there cannot be a promotion from higher pay scale of pay to a lower scale of pay. It was also stated that the Manager had not submitted any declaration to the effect that there is no other qualified teacher under the management for promotion.

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The learned counsel for the petitioner submits that he has already filed an appeal against the order passed by the AEO. In this Writ Petition the petitioner's grievance is that despite the fact that he was working as a Clerk with approval and was drawing salary from 11.5.2011 on wards based on Ext.P3 order, the respondents were not disbursing salary even treating him as a Clerk.

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The 5^th respondent has filed a counter affidavit stating that the post of Clerk from which the petitioner was appointed as LG Hindi Teacher had already been filled by the Manager and another person is working and drawing salary.

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W.P(c).No.3667/2019

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The learned Government Pleader submits that there is no post of Clerk against which the petitioner can be given salary as the Clerk who posted in his place is drawing salary.

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However, as the petitioner points out that orders on his appeal as against rejection of approval is kept pending due to the pendency of the Writ Petition, I dispose of the Writ Petition with a direction to the DEO the 4^th respondent, to pass orders on the appeal filed by the petitioner within a period of one month, after affording an opportunity of hearing to the petitioner as well as the Manager. Till such time, the petitioner would be entitled to salary as admissible to Clerk.

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Sd/- (P.V.ASHA, JUDGE)

rtr/

W.P(c).No.3667/2019

APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1	PHOTOCOPY OF PETITIONER'S APPOINTMENT ORDER AS FTCM ISSUED BY THE 6TH RESPONDENT DTED 01.11.2001 CONTAINING THE ENDORSEMENT OF APPROVAL.
EXHIBIT P2	PHOTOCOPY OF PETITIONER'S APPOINTMENT ORDER AS PEON ISSUED BY THE 6TH RESPONDENT DATED 01.11.2006 CONTAINING THE ENDORSEMENT OF APPROVAL.
EXHIBIT P3	PHOTOCOPY OF PETITIONER'S APPOINTMENT ORDER AS CLERK ISSUED BY THE 6TH RESPONDENT DATED 11.05.2011 CONTAINING THE ENDORSEMENT OF APPROVAL.
EXHIBIT P4	PHOTOCOPY OF PETITIONER'S APPOINTMENT ORDER LOWER GRADE HINDI (PT) ISSUED BY THE 6TH RESPONDENT DATED 01.08.2018.
EXHIBIT P5	PHOTOCOPY OF THE LETTER NO. B/2677/2018/L.DIS DATED 27.10.2018 ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P6	PHOTOCOPY OF THE PROCEEDING NO.B/2538/2018/K.DIS DATED 01.02.2019.
EXHIBIT P7	PHOTOCOPY OF PAGE NO. 32 OF PETITIONER'S SERVICE BOOK.

Lajish G. Nair v. State of Kerala

Case brief

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Lajish G. Nair v. State of Kerala

Case brief

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