Allowed

Jiji G v. State of Kerala, Represented by Secretary to Government

Kerala HC6 Mar 2024WP(C)/1110/2024

Case brief

AI extract

What is this about?

A High School Teacher appointed on a promotion vacancy in 2011, whose appointment was approved only on daily wages basis, sought disbursement of salary arrears. The court directed payment of arrears from December 2015 to March 2024 within three months and continuation of monthly salary.

What did the court decide?

Direction to 2nd respondent to pay arrears of salary from December 2015 to March 2024 within three months and to continue paying monthly salary without fail.

Jiji G Vs State of Kerala, Represented by Secretary to… — Service and Employment | Kerala HC (2024)

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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 MOHAMMED NIAS C.P.

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WEDNESDAY, THE 6THDAY OF MARCH 2024 / 16TH PHALGUNA, 1945
WP(C) NO. 1110 OF 2024

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PETITIONER :-

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JIJI G

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AGED 43 YEARS

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W/O SHIBU M, THANAL HOUSE, PANTHAPULLY, PALLASSANA P O,
PALAKKAD., PIN - 678505
BY ADV S.SACHITHANANDA PAI

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RESPONDENTS :-

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1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT. GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001

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2 DEPUTY DIRECTOR OF EDUCATION

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OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, CIVIL
STATION, PALAKKAD, PIN – 678001

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3 DISTRICT EDUCATIONAL OFFICER DISTRICT EDUCATION OFFICE, PALAKKAD, PIN – 678001

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SRI.PREMCHAND V NAIR, SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 1110 OF 2024

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JUDGMENT

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The petitioner is the High School Teacher (HST) who was appointed in the 3rd respondent School with effect from 12.12.2011. The appointment of the petitioner was on a promotion vacancy. The Department rejected the approval of the promoted teacher’s appointment, and the writ petition filed by the said teacher is pending before this Court.

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The writ petition is filed for a direction to the 2nd respondent to disburse the salary payable to the petitioner as directed in Ext.P1 order dated 31.10.2022. A counter affidavit has been filed by the respondents, which states as follows:-

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It is submitted that in terms of Government Order, this respondent passed an order vide No.B2/43611/2022 dated 23.08.2023, by which, the appointment of the petitioner had been approved on daily wages basis w.e.f.12.12.2011 onwards.

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It is submitted that consequent on the approval of the petitioner on daily wages basis, the payment w.e.f 12.12.2011 had been initiated. It is submitted that, for the payment of a daily wages Employee the PEN Number of the employee should be issued by the Deputy Director of Education for each and every year.

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The PEN number of the next year can be generated only after the generation and encasement of the previous year and so on. So the payment can be made

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WP(C) NO. 1110 OF 2024

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separately for each year. The payment from 12.12.2011 to 11.12.2015 have been completed by 4 installments follows:-

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Date	Amount	Period
09.10.2023	88000	12/2011 – 11/2012
15.11.2023	87000	12/2012 – 11/2013
01.12.2023	86000	12/2013 – 11/2014
18.01.2024	92000	12/2014 - 11/2015

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It is submitted that the payment is not made by manual way, but by the online payment system SPARK. The SPARK allows the payment separately for each year, for the daily wages employees. So the Drawing and Disbursing Officer (HM) and this respondent are not in a position to pay amount at a bulk to the petitioner. It is humbly submitted that there is no deliberate laxity from the part of this respondent for the payment of the petitioner. The process of generating the next installment from 12/2015 to 11/2016 is going.”

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It is seen that the approval of the appointment of the petitioner was done on a daily wage basis, and the amount she has been paid on a yearly basis varies from Rs.88,000/- to Rs.92,000/-. Even the said payment has not been paid promptly, the arrears of salary from December 2015 onwards that is pending. There can be no justification at all for the respondents not paying the petitioner's salary when the entitlement of the petitioner has not been disputed.

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WP(C) NO. 1110 OF 2024

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Under such circumstances, there will be a direction to the 2nd respondent to pay the entire arrears of salary due to the petitioner from December 2015 upto now and also to continue to pay the monthly salary without fail The arrears from December 2015 till March 2024 shall be paid at the earliest, at any rate, within a period of three months from the date of receipt of a copy of this judgment.

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The writ petition is allowed as above.

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Sd/-

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MOHAMMED NIAS C.P.

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JUDGE

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SMA

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WP(C) NO. 1110 OF 2024

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APPENDIX OF WP(C) 1110/2024

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PETITIONER EXHIBITS

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Exhibit P1

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COPY OF THE ORDER DATED 31.10.2022 OF THE
1ST RESPONDENT.

Jiji G v. State of Kerala, Represented by Secretary to Government

Case brief

What is this about?

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Jiji G v. State of Kerala, Represented by Secretary to Government

Case brief

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