Sonia P G Vs State of Kerala — Kerala HC (2025) — LawSathi Research

Sonia P G Vs State of Kerala — Kerala HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Directions to the 3rd respondent to take an expeditious decision on the approval proposal, to consider Ext.P5 representation and pass appropriate orders within two months; interim payment to the petitioner of salary applicable to the lower post pending the decision.

Issue for consideration

Whether the petitioner, promoted from U.P.S.T. to H.S.S.T (Junior) Zoology with effect from 06.06.2024, who has not been paid any salary for more than seven months while approval of her promotion by the 3rd respondent is pending, is entitled to relief. +1 more

Court's answer

The 3rd respondent (Regional Deputy Director) shall take an expeditious decision on the proposal for approval of the petitioner's promotion to HSST (Junior) Zoology, especially as she has not been paid wages since her promotion.

Ratio / Principle

The writ petition is disposed of directing the 3rd respondent to consider the petitioner's Ext.P5 representation and pass appropriate orders thereon within a period of two months.

Key takeaways

Pending the decision on the representation/approval, the petitioner shall be paid salary applicable to the lower post (U.P.S.T.).ratio¶45

Detailed headnote1 paragraphs

Sonia P.G., a teacher promoted by the 5th respondent (Corporate Manager, CSI Schools in Malabar in Wayanad) from U.P.S.T. to H.S.S.T (Junior) Zoology at CMS HSS Arappetta with effect from 06.06.2024, had received no salary for more than seven months because approval of the promotion by the 3rd respondent (Regional Deputy Director) was pending; her Ext.P5 representation dated 15.10.2024 seeking the lower U.P.S.T. pay scale meanwhile drew no response. The High Court of Kerala at Ernakulam (N. Nagaresh J, sole judge), noting that a similarly placed teacher of the same Educational Agency had obtained relief by this Court's judgment dated 12.12.2024 in W.P.(C) No.44428/2024, disposed of WP(C) No.8201 of 2025 (neutral citation 2025:KER:17559) on 03.03.2025 by directing the 3rd respondent to decide the approval proposal expeditiously, to consider Ext.P5 and pass appropriate orders within two months, and ordering that pending that decision the petitioner be paid the salary applicable to the lower post.

2025:KER:17559

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE MR.JUSTICE N.NAGARESH

MONDAY, THE 3^RD DAY OF MARCH 2025 / 12TH PHALGUNA, 1946

WP(C) NO. 8201 OF 2025

PETITIONER:

SONIA P.G., AGED 44 YEARS, D/O GEORGE ALBERT ABIN VILLA, POVANGHOTPARAMBA, NEAR PARAMBATHKAVU, KOTTOLI PO, KOZHIKODE, WORKING AS HIGHER SECONDARY SCHOOL TEACHER, (JUNIOR) ZOOLOGY, CMS HIGHER SECONDARY SCHOOL, ARAPPETTA, VYTHIRI WAYANAD, PIN - 673577

BY ADVS. ARUN KRISHNA DHAN ARJUN SREEDHAR T.K.SANDEEP ALEX ABRAHAM HARIKRISHNAN P.B. AMJITH C.M. SREELAKSHMI SHIBU

RESPONDENTS:

1 STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

2 THE DIRECTOR OF GENERAL EDUCATION, OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHI, THIRUVANANTHAPURAM, PIN – 695014.

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**3 THE REGIONAL DEPUTY DIRECTOR, (CORRECTED) OFFICER OF THE REGIONAL DEPUTY DIRECTOR, MALAPPURAM DISTRICT, PIN – 676505.

***(THE REGIONAL DEPUTY DIRECTOR, OFFICE OF THE REGIONAL DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, KOZHIKODE, PIN-673 020)**

**4 THE DISTRICT EDUCATIONAL OFFICER, (CORRECTED) OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM DISTRICT, PIN – 673112.

***(THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KOZHIKODE, MANANCHIRA, KOZHIKODE, PIN-673 001)**

***(ADDRESSES OF R3 AND R4 ARE CORRECTED AS PER THE ORDER DATED 20.03.2025 IN IA No.1/25 IN WP(C) 8201/2025)**

5 THE CORPORATE MANAGER, CSI SCHOOLS IN MALABAR IN WAYANAD, BANK ROAD, KOZHIKODE, PIN - 673001 BY ADV. SMT.ANIMA M., GOVERNMENT PLEADER

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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JUDGMENT

Dated this the 3^rd day of March , 2025

The petitioner, who has been promoted from U.P.S.T.

to the post of H.S.S.T(Junior) Zoology as per Ext.P2 order by the 5^th respondent with effect from 06.06.2024 is not being paid

any salary since the approval by the 3^rd respondent is pending for more than seven months now.

On 15.10.2024, as per Ext.P5 representation,

the petitioner has requested that till approval order is passed by the 3^rd respondent, she be sanctioned the lower pay scale of U.P.S.T. However, no action on the representation has also been taken till date.

In similar case, this Court as per Ext.P6 judgment dated 12.12.2024 has granted relief to a similarly

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placed Teacher employed by the same Educational Agency and has directed the 3^rd respondent to sanction the lower pay scale of U.P.S.T. till orders are passed regarding approval of the promotion order. The counsel for the petitioner states that the petitioner herein is also entitled to similar relief.

I have heard the learned counsel for the petitioner and the learned Government Pleader representing the respondents.

Taking into consideration the fact that the petitioner's promotion to the post of HSST (Junior) Zoology was on 06.06.2024, I am of the view that the 3^rd respondent shall take expeditious decision on the proposal. This is especially for the reason that the petitioner has not been paid wages since her promotion to the post of HSST.

The writ petition is accordingly disposed of directing the 3^rd respondent to consider Ext.P5 representation of the petitioner and pass appropriate orders thereon within a period

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of two months. Pending decision thereon, the petitioner shall

be paid salary applicable to the lower post.

Sd/- N. NAGARESH JUDGE

SR

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APPENDIX OF WP(C) 8201/2025

PETITIONER’S EXHIBITS:

EXHIBIT-P1. A TRUE COPY OF THE APPOINTMENT ORDER, DATED 30.07.2021 APPOINTING THE PETITIONER AS U.P.S.T AT BEM UPPER PRIMARY SCHOOL, PARAPPERI WITH EFFECT FROM 30.07.2021 ISSUED BY THE 5TH RESPONDENT EXHIBIT-P2. . A TRUE COPY OF THE PROCEEDINGS IN ORDER NO.CM/CSI/200/2024 (20A) DATED 05.06.2024 ISSUED BY THE 5TH RESPONDENT EXHIBIT-P3 (A). A TRUE COPY OF THE PROPOSAL THE PROPOSAL 5TH RESPONDENT ISSUED FOR APPROVAL OF APPOINTMENT OF THE PETITIONER DATED 13.06.2024 EXHIBIT-P3 (B). A TRUE COPY OF THE APPOINTMENT ORDER DATED 06.06.2024 APPOINTING THE PETITIONER AS PROBATIONARY HSS (JR.) ZOOLOGY AT CMS HSS ARAPPETTA WITH EFFECT FROM 06.06.2024 EXHIBIT-P4. A TRUE COPY OF THE JOINING REPORT DATED NIL ISSUED BY THE PRINCIPAL, CMS HSS, ARAPPETTA WITH COPY TO THE 3RD RESPONDENT AND 5TH RESPONDENT EXHIBIT-P5. A TRUE COPY OF THE REPRESENTATION DATED 15.10.2024 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT REQUESTING FOR SANCTION OF LOWER PAY SCALE OF UPST PENDING THE APPROVAL TO THE PROMOTED POST EXHIBIT-P6. A TRUE COPY OF THE JUDGMENT DATED 1212-2024 IN W.P (C) NO. 44428/ 2024 OF THIS HON’BLE COURT.