Kerala High Court
Latheefa Beevi M vs State Of Kerala on 4 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
WP(C) NO. 8725 OF 2021
PETITIONER:
LATHEEFA BEEVI M., LOWER GRADE ARABIC TEACHER,
HISJ LP SCHOOL, ATHIKKATTUKULANGARA,
P. O. NOORANADU, ALAPUZHA - 690504.
BY ADVS.
M.A.FAYAZ
SMT.M.VISHNUPRIYA
SMT.C.B.ABHINAVA
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY SECRETARY
TO THE GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION ,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 DIRECTOR OF GENERAL EDUCATION
JAGATHY, THIRUVANANTHAPURAM - 695 014.
3 DEPUTY DIRECTOR OF EDUCATION, KAKKANAD,
CIVIL STATION, ERNAKULAM, PIN - 682 030.
4 DISTRICT EDUCATIONAL OFFICER, MAVELIKKARA
ALAPPUZHA - 690101.
5 ASSISTANT EDUCATIONAL OFFICER, MAVELIKKARA
ALAPPUZHA - 690 101.
6 MANAGER, HISJ LP SCHOOL ATHIKKATTUKULANGARA,
P. O. NOORANADU, ALAPPUZHA - 690 504.
7 SUB TREASURY OFFICER, SUB TREASURY OFFICE,
NOORANADU, ALAPPUZHA - 690 504.
WPC 8725/21
2
G.P - SRI.V. VENUGOPAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.08.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WPC 8725/21
3
JUDGMENT
The petitioner has approached this Court
seeking a direction to the official respondents to
pay her arrears of salary from 23.07.2018, without
remitting it into the Provident Fund account for a
period of five years, as is warranted through
Exts.P9 and P10 circulars.
2. The specific case of the petitioner is
that Exts.P9 and P10 apply only to those teachers
whose approval have been made in accordance with
GO(P)No.29/2016/G.Edn dated 29.01.2016 and
therefore, that it will not apply to her. She,
therefore, prays that urgent orders be issued to
the official respondents to pay her salary, since
she is now suffering immeasurably on account of
the fact that she has no income for the last three
years.
3. In response to the afore submissions made
WPC 8725/21
on behalf of the petitioner by her learned counsel
Sri.M.A.Fayaz, learned Government Pleader -
Sri.V.Venugopal, submitted that since the
petitioner's approval has been granted through
Ext.P8 order, his clients will not stand in the
way of this Court directing the competent
Authority to pay her salary, without remitting it
into the Provident Fund account. He submitted
that, therefore, the 6th respondent - Manager, may
be directed to forward necessary proposal for
payment of the salary arrears of the petitioner;
and that if this is received by the 5 th respondent-
Assistant Educational Officer, necessary steps
will be taken without any avoidable delay.
Taking note of the afore submissions, I order
this writ petition and direct the 6th respondent to
forward the proposal for payment of the arrears of
salary and such other eligible benefits of the
petitioner, based on Ext.P8 approval granted to
her, as expeditiously as is possible, but not
WPC 8725/21
later than two weeks from the date of receipt of a
copy of this judgment; with a resultant direction
to the 5th respondent to process the same and to
ensure that eligible amounts are paid to the
petitioner, without remitting it into her PF
Account, as expeditiously as is possible, but not
later than one month thereafter.
Sd/-
RR DEVAN RAMACHANDRAN
JUDGE
WPC 8725/21
APPENDIX OF WP(C) 8725/2021
PETITIONER EXHIBITS
EXHIBIT P1 PHOTOCOPY OF THE APPOINTMENT ORDER
ISSUED IN TO THE 2ND PETITIONER DATED
23.07.2018.
EXHIBIT P2 PHOTOCOPY OF THE APPOINTMENT ORDER
ISSUED TO P.SAJITHA PROMOTING HER AS
HEAD MISTRESS, CONTAINING THE
ENDORSEMENT OF APPROVAL BY THE 5TH
RESPONDENT DATED 01.06.2018.
EXHIBIT P3 PHOTOCOPY OF PROCEEDINGS
NO.B3342/18/K.DIS. DATED 14.09.2018, BY
THE 5TH RESPONDENT.
EXHIBIT P4 PHOTOCOPY OF THE ORDER
NO.F3/2506/2019/DPI/K.DIS. DATED
03.06.2019, ISSUED BY THE RESPONDENT.
EXHIBIT P5 PHOTOCOPY OF THE CERTIFICATE SHOWING
THE ACQUISITION OF K TET QUALIFICATION
BY THE PETITIONER DATED 29.08.2019.
EXHIBIT P6 PHOTOCOPY OF G.O.(MS)
NO.194/2019/G.EDN. DATED 15.11.2019.
EXHIBIT P7 PHOTOCOPY OF THE JUDGMENT IN W.P.(C)
NO.32911/2019 DATED 04.12.2019.
EXHIBIT P8 PHOTOCOPY OF THE PROCEEDINGS
NO.B/10987/2019 DATED 25.02.2020 ISSUED
BY THE 5TH RESPONDENT.
EXHIBIT P9 PHOTOCOPY OF CIRCULAR NO.7/2021/FIN
DATED 27.01.2021 ISSUED BY THE 1ST
RESPONDENT.
EXHIBIT P10 PHOTOCOPY OF CIRCULAR NO.6/2018/FIN
DATED 10.01.2018 ISSUED BY THE 1ST
WPC 8725/21
RESPONDENT.
EXHIBIT P11 PHOTOCOPY OF G.O.(P) NO.29/2016/G.EDN.
DATED 29.01.2016.
