Kerala High Court
Remya K.V. vs State Of Kerala on 19 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 19TH DAY OF JANUARY 2021 / 29TH POUSHA, 1942
WP(C).No.3094 OF 2017(J)
PETITIONER:
REMYA K.V., HIGHER SECONDARY SCHOOL TEACHER
(COMPUTER SCIENCE)KADAMBUR,
HIGHER SECONDARY SCHOOL, EDAKKAD,
KANNUR- 670 663
BY ADV. SRI.P.C.SASIDHARAN
RESPONDENTS:
1 STATE OF KERALA
REP. BY THE SECRETARY TO GOVERNMENT,
HIGHER RSECONDARY EDUCATION DEPARTMENT,
SECREARIAT, THIRUVANANTHAPURAM 695 001
2 THE DIRECTOR, HIGHER SECONDARY EDUCATION,
O/O THE DIRECTORATE OF HIGHER SECONDARY
EDUCATION, HOUSING BOARD BUILDING,
SANTHI NAGAR, THIRUVANANTHAPURAM 695 001
3 THE REGIONAL DEPUTY DIRECTOR
HIGHER SECONDARY EDUATION, KANNUR 670 001
4 THE MANAGER, KADAMBUR HIGHER SECONDARY SCHOOL,
EDAKKAD, KANNUR- 670 663
SRI. P.M.MANOJ - SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
19.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC 3094/17
2
JUDGMENT
The petitioner says that she was appointed
as a Higher Secondary School Teacher (HSST) in
Computer Science in Kadambur Higher Secondary
School, Kannur - of which the 4 th respondent is
the Manager - on 08.01.2013. She says that the
school in question was sanctioned an additional
batch in Computer Science by Government Order
dated 03.08.2011, which is to say, during the
academic year 2011-2012; but concedes that it
took some more time for the Government to
sanction the post.
2. The petitioner says that the Manager
of the School, however, appointed her under the
bonafide impression that the Government will
approve her appointment, after conducting a
proper selection, consequent to a public
notification. She says that subsequently, the
Government by Ext.P5 order dated 15.07.2013,
sanctioned and upgraded teaching posts and the
WPC 3094/17
post of Lab Assistants in the various Higher
Secondary Schools and aided Higher Secondary
Schools and therefore, that her appointment is
now eligible to be approved from the date of
her initial joining or at least from the date
of issuance of Ext.P5 order. She alleges that,
however, the respondents are not paying her any
amounts, except the basic salary and that too
based solely on the interim order of this Court
dated 05.06.2017.
3. Sri.P.C.Sasidharan - learned counsel
for the petitioner, added to the above
contention by saying that this Court had passed
the interim order dated 05.06.2017, noticing
Ext.P5 order and had, therefore, directed the
respondents to approve the appointment of the
petitioner with effect from that day and to
disburse salary thereafter. He submitted that
in spite of these directions, the respondents
are only disbursing to his client the basic
WPC 3094/17
pay; and therefore, prayed that the appointment
be directed to be confirmed with effect from
the date of her initial joining or at least
with effect from 15.07.2013.
4. In response, Sri.P.M.Manoj - learned
Senior Government Pleader, submitted that if
the petitioner only wants her approval of
appointment with effect from the date of Ext.P5
to be granted, then the competent Authorities
can consider the same but submitted that since
she had been initially appointed when the post
had not been created, she would not be entitled
to any benefits from that date. He, therefore,
prayed that this Writ Petition be ordered on
such terms.
5. When I consider the afore submissions,
it is without doubt that the petitioner was
appointed on 08.01.2013 by the Manager
anticipating that posts will be created for the
additional batch in Computer Science, which was
WPC 3094/17
sanctioned as early as on 03.08.2011. However,
the records show that Ext.P5 was issued on
15.07.2013, which was more than 5 months after
the petitioner had been appointed. I am,
therefore, of the firm view that the competent
Educational Authorities must consider the
petitioner's approval at least with effect from
15.07.2013, since Sri.P.C.Sasidharan - learned
counsel for the petitioner, concedes that his
client will be satisfied with such a direction.
In the afore circumstances and since
Ext.P5 has sanctioned the teaching posts
necessary to accommodate the petitioner in the
school in question, I order this writ petition
and direct the competent Authority to issue
appropriate orders approving the appointment of
the petitioner with effect from 15.07.2013 and
to make sure that all arrears of salary and
emoluments with effect from that date are paid
to her - along with the salary at the
WPC 3094/17
applicable rates for the current month and
future - as expeditiously as is possible, but
not later than three months from the date of
receipt of a copy of this judgment.
Sd/-
DEVAN RAMACHANDRAN
RR JUDGE
WPC 3094/17
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE DEGEEE CERTIFICATE
EXHIBIT P2 TRUE COPY OF HE CERTIFICATE OF UGC
NET QUALIFICATION
EXHIBIT P3 TRUE COPY OF THE ADVERTISEMENT
APPEARED IN MATHRUBHOOMI DAILY DATED
25-04-2012
EXHIBIT P4 TRUE COPY OF THE APPOINTMENT ORDER
DATED 8-1-2013
EXHIBIT P5 TRUE COPY OF THE GOVERNMENT ORDER
DATED 15-07-2013 WITH ANNEXURE
EXHIBIT P6 TRUE COPY OF THE PROPOSAL ON 8-1-
EXHIBIT P7 TRUE COPY OF THE ENDORSEMENT
EXHIBIT P8 TRUE COPY OF THE PROPOSAL
EXHIBIT P9 TRUE COPY OF THE ORDER G.O.(MS)
NO.229/2014 DATED 06-11-2014
EXHIBITP10 TRUE COPY OF THE REPRESENTATION
DATED 4-7-2015
EXHIBITP11 TRUE REPRESENTATION
EXHIBITP12 TRUE COPY OF THE LETER TO THE
MANAGER ON 28-10-2016
EXHIBIT P13 TRUE COPY OF THE LETTER DATED 7-11-
EXHIBIT P14 TRUE COPY OF STATEMENT OF ELIGIBLE
SALARY AFTER THE PAY REVISION OF HTE
YEAR 2016 WITH EFFECT FROM 2014
EXHIBIT P15 TRUE COPY OF THE REPRESENTATION
DATED 20.12.2019 ALONG WITH THE
STATEMENT OF FIXATION OF PAY
