Abdul Salam.A vs The State Of Kerala
2021 Latest Caselaw 10543 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     MONDAY, THE 29TH DAY OF MARCH 2021 / 8TH CHAITHRA, 1943

                       WP(C).No.8066 OF 2021(G)


PETITIONER:

               ABDUL SALAM.A
               AGED 44 YEARS
               SON OF POCKER, HIGH SCHOOL ASSISTANT (ENGLISH),
               NAROKKAVU HIGHER SECONDARY SCHOOL, KUNNUMMAL POTTY,
               (VIA) NILAMBUR, MALAPPURAM DISTRICT-679331.

               BY ADVS.
               SRI.V.A.MUHAMMED
               SRI.M.SAJJAD

RESPONDENTS:

      1        THE STATE OF KERALA
               REPRESENTED BY IT SECRETARY TO GOVERNMENT, GENERAL
               EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-II,
               THIRUVANANTHAPURAM-695001.

      2        THE DIRECTOR OF GENERAL EDUCATION,
               JAGATHY, THIRUVANANTHAPURAM-695014.

      3        THE DISTRICT EDUCATIONAL OFFICER,
               WANDOOR, MALAPPURAM DISTRICT-679328.

      4        THE MANAGER,
               NAROKKAVU HIGHER SECONDARY SCHOOL, KUNNUMMAL POTTY,
               (VIA) NILAMBUR, MALAPPURAM DISTRICT-679331.

      5        THE PRINCIPAL,
               NAROKKAVU HIGHER SECONDARY SCHOOL, KUNNUMMAL POTTY,
               (VIA) NILAMBUR, MALAPPURAM DISTRICT-679331.



               NISHA BOSE SR GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8066 OF 2021(G)

                                           2




                                    JUDGMENT

Dated this the 29th day of March 2021

This writ petition is filed seeking the following reliefs:

"i) call for the records relating to Exhibit P1 and set aside the original of the same to the extent it approve the appointment of the petitioner on daily wages from 28.11.2011 to 31.03.2012 by the issue of a writ of certiorari or other appropriate writ or order.

ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 3rd respondent to approve the appointment of the petitioner from 28.11.2011 onwards in scale of pay basis and disburse the attendant benefits forthwith.

iii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 1st respondent to consider and pass appropriate orders upon Exhibit P9 after affording an opportunity of being heard to the petitioner within a time limit."

2. Heard the learned counsel for the petitioner and the learned

Government Pleader.

3. The learned counsel for the petitioner submits that the

petitioner had been appointed as HSA (English) in the 5 th respondent

school from 28.11.2011 onwards. However, the period from 28.11.2011 WP(C).No.8066 OF 2021(G)

to 31.03.2012 was approved only on daily wages and the petitioner's

appointment was approved only with effect from 01.06.2012 on a

regular scale of pay. Complaining of the denial of approval from the

initial date of appointment on a regular scale of pay, the petitioner has

approached the Government with Ext.P9 revision petition.

Having heard the learned Government Pleader also, I am of the

opinion that Ext.P9 is liable to be considered in accordance with law.

There will, accordingly, be a direction to the 1st respondent to take up,

consider and pass orders on Ext.P9 revision petition preferred by the

petitioner, within a period of three months from the date of receipt of

a copy of this judgment. The petitioner and the Manager shall be put

on notice and heard through any appropriate means including video

conferencing before orders are passed as directed above. If the

petitioner's appointment is found liable to be approved, the monetary

benefits shall be released within a period of three months thereafter.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C).No.8066 OF 2021(G)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT OF THE PETITIONER DATED 28.11.2011 ALONG WITH TYPED COPY.

EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGE OF THE SERVICE BOOK OF THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE DECISION REPORTED IN 2011(3)KLT 790 DECIDED ON 04.08.2011.

EXHIBIT P4 TRUE COPY OF THE DECISION REPORTED IN 2013(1)KLT 755(SC) DECIDED ON 22.02.2013.

EXHIBIT P5 TRUE COPY OF THE G.O(P)NO.104/2008/G.EDN.

DATED 10.06.2008 OF THE GOVT.

EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN W.P.

(C)NO.20919/2015 DATED 10.12.2015.

EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN W.P.

(C)NO.20912/2016 DATED 07.07.2016.

EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN W.P.

(C)NO.6805/2017 DATED 08.04.2019.

EXHIBIT P9 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 20.12.2020.