Disposed

Vrinda Sekhar v. State of Kerala

Kerala HC8 Jun 2023WP(C)/4734/2021

Case brief

AI extract

What is this about?

Petitioner, a Sanskrit teacher, challenged an order denying vacation salary. Court held restriction applies only to short-term leave vacancies, not permanent ones. Petitioner directed to file appeal against order.

What did the court decide?

Petitioner permitted to file appeal against the impugned order within two weeks; authorities directed to consider para 7 of Ext.P8 and pass orders within one month.

Vrinda Sekhar Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2023)

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WP(C) NO. 4734 OF 2021

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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 P.V.KUNHIKRISHNAN THURSDAY, THE 8^TH DAY OF JUNE 2023 / 18TH JYAISHTA, 1945 WP(C) NO. 4734 OF 2021

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PETITIONER/S:

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VRINDA SEKHAR AGED 28 YEARS D/O.K.C.CHANDRASEKHAR, KOTTANATTU VALIYAMANGALATH ILLOM, THAIKKATTUSSERY P.O., OLLUR, THRISSUR PIN 680 306. WORKING AS JUNIOR SANSKRIT TEACHER, BRAHAMANANDODAYAM SANSKRIT UPPER PRIMARY SCHOOL, KALADY, ERNAKULAM PIN 683 574.

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BY ADV V.VIJULAL

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RESPONDENT/S:

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

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2 THE DIRECTOR OF GENERAL EDUCATION OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM PIN 695 014

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3 THE DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM, KAKKANAD PIN 682 030

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4 ASSISTANT EDUCATIONAL OFFICER OFFICE OF ASSISTANT EDUCATIONAL OFFICER, ANGAMALY 683 572

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5 HEADMISTRESS BRAHAMANANDODAYAM SANSKRIT UPPER PRIMARY SCHOOL,

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WP(C) NO. 4734 OF 2021 2

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KALADY, ERNAKULAM PIN 683 574.

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6 MANAGER BRAHAMANANDODAYAM SANSKRIT UPPER PRIMARY SCHOOL, KALADY, ERNAKULAM PIN 683 574.

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OTHER PRESENT:

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SMT.SURYA BINOY, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 4734 OF 2021

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P.V.KUNHIKRISHNAN, J

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W.P.(C.) No. 4734 of 2021

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Dated this the 8^th day of June, 2023

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JUDGMENT

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The above writ petition is filed with following prayers :

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“i) To issue a writ of mandamus or any other appropriate writ, order or direction directing the 4th and 5th respondents to process the salary bill of petitioner and to disburse her salary from the month of January 2021 onwards and to continue to pay the same;

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ii) To declare that the petitioner is entitled to have her monthly salary attached to the post of U.P.S.T. (Sanskrit) and all consequential benefits arising thereto;

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iii) To issue a writ of certiorari or any other appropriate writ, order or direction calling upon the records pertaining to Exhibit P2 and quash the same to the extent it denies vacation salary to the petitioner;

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iv) To issue a writ of mandamus or any other appropriate writ, order or direction directing the 4^th respondent to disburse the vacation salary of petitioner for the period from 1.4.2020 to 31.5.2020;

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v) To grant such other reliefs as this Honourable Court may deem fit and proper in the facts and circumstances of the case.” [SIC]

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WP(C) NO. 4734 OF 2021 4

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The writ petition is filed challenging Ext.P2 to the extent it denies vacation salary to the petitioner. The petitioner submitted that the point raised by the petitioner is covered in favour of the petitioner as per Ext.P8 judgment. Hence, this writ petition.

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

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After hearing both sides, I am of the considered opinion that there is some force in the argument of the petitioner. The petitioner can file an appeal against Ext.P2 before the 2^nd respondent and there can be a direction to the 2^nd respondent to consider the matter in the light of observation in Ext.P8 judgment. The relevant portion of Ext.P8 judgment is extracted hereunder:

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“7. This Court, while passing the judgment in Nair Service Society (supra), has not specifically looked at Rule 49, which indicates that only qualified teachers except Headmasters appointed in vacancies which are not permanent, which extend over the summer vacation and who continue in such vacancies till the closing date shall be retained in the vacancies during the vacation. Hence, the restriction to vacation salary would be there only for short-term appointments in leave vacancy and

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WP(C) NO. 4734 OF 2021 5

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would not be applicable to permanent/regular vacancies. In such circumstance, the petitioner would be entitled to vacation salary also.”

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Therefore, this writ petition is disposed of with the following directions :

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1. The petitioner is free to file an appeal against Ext.P2 to the extent it denies vacation salary to the petitioner before the 2^nd respondent within two weeks from the date of receipt of a certified copy of this judgment.

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1. Once such an appeal is received, the 2^nd respondent will consider the same in the light of para 7 of Ext.P8 judgment and pass appropriate orders as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment.

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Sd/-

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P.V.KUNHIKRISHNAN

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JUDGE

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SKS

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WP(C) NO. 4734 OF 2021

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APPENDIX OF WP(C) 4734/2021

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PETITIONER EXHIBITS

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EXHIBIT P1	TRUE COPY OF APPOINTMENT ORDER DATED 1.10.2019 BY THE 6TH RESPONDENT.
EXHIBIT P2	TRUE COPY OF ORDER NO.D/14651/2019 DATED 23.12.20219 ISSUED BY THE 4TH RESPONDENT APPROVING THE APPOINTMENT OF PETITIONER.
EXHIBIT P3	TRUE COPY OF STAFF FIXATION ORDER NO.D/47272/2019 DATED 17.7.2019 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P4	TRUE COPY OF ORDER NO.B3/60109/2019 DATED 26.9.2019 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P5	TRUE COPY OF ORDER NO.D/100050/2019 DATED 16.10.2019 ISSUED BY THE 4TH RESPONDENT REVISING THE STAFF FIXATION ORDER FOR THE ACADEMIC YEAR 2019-20
EXHIBIT P6	TRUE COPY OF COMMUNICATION NO.GEDN- J2/57/2020-GEDN DATED 27.7.2020 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P7	TRUE COPY OF G.O.(MS) NO.28/2021/G.EDN DATED 22.1.2021 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P8	TRUE COPY OF JUDGMENT 10.12.2015 IN W.P. (C) NO.20919 OF 2015 OF THIS HON'BLE COURT.

Vrinda Sekhar v. State of Kerala

Case brief

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Vrinda Sekhar v. State of Kerala

Case brief

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