Kerala High Court
Abhilash C.B. vs The State Of Kerala on 16 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 16TH DAY OF FEBRUARY 2021 / 27TH MAGHA,1942
WP(C).No.30351 OF 2012(T)
PETITIONER:
ABHILASH C.B., HSA (MATHS), SANSKRIT HIGH SCHOOL,
VATTOLI, VATAKARA, KOZHIKODE DISTRICT.
SRI.R.K.MURALEEDHARAN
RESPONDENTS:
1 THE STATE OF KERALA
REP. BY ITS SECRETARY, GENERAL EDUCATION
DEPARTMENT, TRIVANDRUM.695 001.
2 THE DISTRICT EDUCATIONAL OFFICER
VATAKARA, KOZHIKODE DISTRICT.673 101.
3 THE MANAGER
SANSKRIT HIGH SCHOOL, VATTOLI, VADAKARA,
KOZHIKODE DISTRICT.673 101.
SRI. P.M.MANOJ - SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
16.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.30351 OF 2012(T)
2
JUDGMENT
Dated this the 16th day of February 2021
When this matter was called today, Sri.R.K.Muralidharan,
the learned counsel for the petitioner, submitted that in view of
the interim order of this Court dated 11.01.2013, nothing
survives now. He, therefore, prayed that the said order be
confirmed and this writ petition be ordered on such terms.
2. Sri.P.M.Manoj, the learned Senior Government Pleader
did not oppose this plea.
3. I notice that the interim order referred to by
Sri.R.K.Muralidharan, the learned counsel for the petitioner, is
the one dated 11.01.2013 which is to the following effect.
"The petitioner was appointed as Upper Primary
School Assistant in Sanskrit High School, Vattoli with
effect from 9.7.2007 in the vacancy of Abhina N.K by
Ext.P1 order dated 9.7.2007. The said appointment
was approved by order dated 24.8.2012 with effect
from 9.7.2007. Anticipating that during the year 2012-
13 having regard to the student strength and applying
the 1:45 teacher student ratio, one more post of High
School Assistant (Mathematics) will be sanctioned in
the school, the Manager appointed the petitioner as
High School Assistant (Mathematics) by Ext.P2 order
dated 4.6.2012. The said appointment order was
forwarded to the District Educational Officer, Vatakara
for approval. The District Educational Officer rejected
that appointment by Ext.P4 order dated 6.10.2012 on
the ground that unless the staff strength for the year
2012-13 is determined after the students are enrolled
under the Aadhar scheme, the appointment cannot be
approved.
WP(C).No.30351 OF 2012(T)
2. In the vacancy that arose consequent on the
petitioner's appointment as High School Assistant
(Mathematics) another teacher was appointed as
Upper Primary School Assistant. This appointment has
also not so far been approved. While matters stood
thus, the Headmaster of the school submitted a request
before the District Educational Officer, requesting that
permission may be granted to pay salary and
allowances to the petitioner at the rates applicable to
the lower post. The said request was declined by
Ext.P6 letter dated 14.11.2012. In this writ petition,
the petitioner challenges Ext.P6 and seeks a direction
to the second respondent to disburse to him the salary
and allowances applicable to the post of Upper Primary
School Assistant.
3. Heard learned counsel on both sides. It is also
not in dispute that the teacher appointed as Upper
Primary School Assistant in the vacancy that arose
consequent on the appointment of the petitioner as
High School Assistant is not being paid salary and
allowances. It is not in dispute that the petitioner is
handling classes in the high school section. Even if his
appointment as High School Assistant is not approved
he will therefore have to be paid salary and allowances
applicable to the post of Upper Primary School
Assistant. The enrolment of students studying in the
school during the academic year 2012-13 under the
Aadhar scheme is not yet over. The learned
Government Pleader was also not in a position to state
whether the enrolment will be completed and identity
cards issued expeditiously. In such circumstances, I
deem it appropriate to direct that until further orders
the petitioner should be paid salary and allowances
applicable to the post of Upper Primary School
Assistant. Ext.P5 Government circular dated 6.11.1989
contemplates such payment in cases where promotion
is objected to by rival claimants. The Government have
in the said circular directed that in the case of a
teacher who has been promoted from the lower post to
a higher post carrying a higher scale of pay and the
approval of appointment is pending consequent on the
objection filed by a rival claimant who has also staked
his claim for promotion to that post, salary and
allowances can be paid to him at the rates applicable
to the lower post.
I accordingly direct that arrears of salary and
WP(C).No.30351 OF 2012(T)
allowances at the rates applicable to UPSA for the
period from 1.6.2012 till 31.12.2012 shall be drawn
and disbursed to the petitioner within two weeks from
the date on which he produces a copy of this order
before the District Educational Officer, Vatakara. This
arrangement shall continue till the petitioner's
appointment as HSA is approved.
Hand over to both sides on usual terms."
4. When I go through the order afore, it is clear that by
efflux of time, as stated by Sri.R.K.Muralidharan, nothing now
survives for being considered by this Court on merits.
In the afore circumstances, I confirm the afore extracted
interim order and close this writ petition without any further
orders.
Sd/- DEVAN RAMACHANDRAN
Stu JUDGE
WP(C).No.30351 OF 2012(T)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER IN FORM
27 OF THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE ORDER OF APPOINTMENT DATED
04.06.2012 OF THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE CIRCULAR DATED 06.06.2012
ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 06.10.2012 OF
THE 2ND RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE CIRCULAR DATED 06.11.1989
ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE COMMUNICATION OF THE 2ND
RESPONDENT DATED 14.11.2012.
