The Court held that the petitioner is entitled to salary while her appointment approval remains in force. Consequently, the order withholding her salary was quashed, mandating that such salary be disbursed.
Ext.P11 order is quashed; petitioner to be disbursed salary as long as appointment approval continues.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
MONDAY, THE 25TH DAY OF MARCH 2024 / 5TH CHAITHRA, 1946 WP(C) NO. 13178 OF 2014
PETITIONER:
ASWATHI KRISHNAN AGED 26 YEARS, D/O.T.P. RADHAKRISHNAN, ASSISTANT TEACHER, LPSA, AIDED LOWER PRIMARY SCHOOL, KANHIKULAM POST, PALAKKAD RESIDING AT PARAKKAT HOUSE, KANHIKULAM POST, KALLIDIKODE VIA, PALAKKAD - 678 596. BY ADV SRI.U.BALAGANGADHARAN
RESPONDENTS:
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
SATHISH NINAN, J.
= = = = = = = = = = = = = = = = = = W.P.(C)No.13178 of 2014
= = = = = = = = = = = = = = = = = = Dated this the 25th day of March, 2024
JUDGMENT
The petitioner has approached this Court aggrieved by Ext.P11 order of the Assistant Educational Officer directing withholding of salary of the petitioner.
that the appointment of the petitioner was in an uneconomic school and hence, was not liable to be
W.P.(C)No.13178 of 2014 -: 2 :-
approved. In pursuance thereto, the Assistant Educational Officer issued Ext.P3 order dated 29.10.2009
withholding the petitioner’s salary.
W.P.(C)No.13178 of 2014 -: 3 :-
petitioner and the learned Senior Government Pleader.
be withdrawn/revoked, it is for them to initiate appropriate steps in accordance with the statutory provisions. So long the appointment stands approved and continues as such, the petitioner is entitled for payment of salary. In Ext.P6 judgment also this Court had held so.
Resultantly, the writ petition is allowed. Ext.P11 order is quashed. So long as the approval of the
W.P.(C)No.13178 of 2014 -: 4 :-
appointment of the petitioner continues, she shall be disbursed with the salary. The above shall be without prejudice to the right of the respondents to take steps for withdrawing/revoking the approval in accordance with
law.
Sd/-
SATHISH NINAN JUDGE
yd
W.P.(C)No.13178 of 2014
-: 5 :-
APPENDIX OF WP(C) 13178/2014
PETITIONER EXHIBITS
EXHIBIT-P1 TRUE COPY OF THE APPOINTMENT ORDER CARRYING THE ENDORSEMENT OF THE AEO DATED 02/06/2008. EXHIBIT-P2 TRUE COPY OF THE STAFF FIXATION PROCEEDINGS NO. D.DIS.D/1891/2008 DATED 24/07/2008 ISUSED BY THE 3RD RESPONDENT. EXHIBIT-P3 TRUE COPY OF THE PROCEEDINGS NO.E/3607/09 OF THE AEO DATEDE 29/10/2009 ISSUED BY THE 4TH RESPONDENT. EXHIBIT-P4 TRUE COPY OF THE G.O(P)259/2006/G.EDN.DATED 12/10/2006 ISSUED BY THE IST RESPONDENT. EXHIBIT-P5 TRUE COPY OF THE COMMUNICATION RECEIVED FROM AEO NO.A/860/2010 DATED 09/04/2010. EXHIBIT-P6 TRUE COPY OF THE JUDGMENT DATED 24/11/2009 IN W.P(C)32387/2009. EXHIBIT-P7 TRUE COPY OF THE ORDER G.O(MS)487/1995/G.EDN. DATED 26/09/1995 ISSUED BY THE IST RESPONDENT. EXHIBIT-P8 TRUE COPY OF THE G.O(MS) 230/96/G.EDN. DATED 30/07/1996 ISSUED BY THE IST RESPONDENT. EXHIBIT-P9 TRUE COPY OF ORDER B5/8419/09(I) K.DIS OF 3RD RESPONDENT DATED 11/01/2010. EXHIBIT-P10 TRUE COPY OF THE REPRESENTATION DATED 17/02/2010 OF PETITIONER ADDRESSED TO THE 2ND RESPONDENT. EXHIBIT-P11 TRUE COPY OF THE LETTER DATED 29/03/2014 ISSUED BY THE 4TH RESPONDENT TO THE 6TH RESPONDENT. EXHIBIT-P12 TRUE COPY OF THE REPRESENTATION DATED 30/04/2014 OF PETITONER ADDRESSED TO THE 2ND RESPONDENT.
3 issues framed by the court
Whether the petitioner is entitled to salary as long as the approval of her appointment continues and is not disputed.
Whether the Assistant Educational Officer's order withholding salary can be quashed when the appointment approval remains valid.
Whether the order directing withholding of salary should be quashed to ensure disbursement of salary.
Colour shows how this judgement treated each authority
Ext.P6 judgment in W.P.(C)No.32387 of 2009Referred¶27
1 provisions across 1 enactments
Aswathi Krishnan
State of Kerala represented by Secretary, General Education Department
Director of Public Instructions
District Educational Officer Palakkad
Assistant Educational Officer Parali
Manager, Aided Lower Primary School, Kanhikulam
Sathish Ninan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
