Kerala High Court
S.K.Sangeetha vs The State Of Kerala on 5 April, 2022
WP(C) No.10040/2019 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Tuesday, the 5th day of April 2022 / 15th Chaithra, 1944
WP(C) NO. 10040 OF 2019(D)
PETITIONER:
S.K.SANGEETHA, AGED 42 YEARS, W/O.T.K.JAYAPRAKASH, UPPER PRIMARY
SCHOOL ASSISTANT, YOGINI MATHA GIRLS HIGH SCHOOL, KOLLENGODE,
RESIDING AT SAKALYAM P.O., KOLLENGODE, PALAKKAD DISTRICT.
RESPONDENTS:
1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION (E) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM -
695 001.
2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM -
695 014.
3. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD - 678 001.
4. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD - 678 001.
5. THE MANAGER, YOGINI MATHA HIGH SCHOOL, KOLLENGODE, PALAKKAD DISTRICT
- 678 506.
6. THE HEADMASTER, YOGINI MATHA HIGH SCHOOL, KOLLENGODE, PALAKKAD
DISTRICT - 678 506.
7. SRI.ARUN BABU, UPSA, YOGINI MATHA HIGH SCHOOL, KOLLENGODE, PALAKKAD
DISTRICT - 678 506.
8. V.G.VALSALA, W/O.SIVADAS, HIGH SCHOOL ASSISTANT (ENGLISH), YOGINI
MATHA HIGH SCHOOL, KOLLENGODE, PALAKKAD DISTRICT - 678 506.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to direct the respondents 1 to 6 to disburse the salary due to the
petitioner from 06.06.2014, pending disposal of the Writ Petition (Civil).
This petition coming on for orders upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S D.KISHORE, MINI GOPINATH & MEERA GOPINATH, Advocates for the
petitioner, GOVERNMENT PLEADER for the respondents 1 to 4(B/O), and of M/S
V.A.MUHAMMED & M.SAJJAD, Advocates for the respondent 8, the Court passed
the following:
WP(C) No.10040/2019 2/5
VIJU ABRAHAM,J
---------------------------------
W.P.(C).No.10040 of 2019
-------------------------------------
Dated this the 5th day of April, 2022
ORDER
It is the contention of the petitioner that the issue
regarding her appointment and approval as UPSA has been
settled by Ext.P9 judgment in W.P.C No. 27824 of 2015 and
the consequential order, Ext.P10 dated 08.12.2016 issued by
the DEO, wherein orders were issued approving the
appointment of the petitioner as UPSA w.e.f 06.06.2014 in
the promotion vacancy of Sri.Arun Babu, the 7th respondent
herein. The grievance of the petitioner is that even though
Ext.P10 order has been issued as early as 2016 and she has
been working thereafter, to date she has not been paid her
salary. Her further grievance is that in Ext.P19 order passed
by the Government dated 01.03.2019 there is a finding to the
effect that as per Ext. P17 judgment dated 03.04.2018 in W.P.
(C) No.1153 of 2018 filed by the 8th respondent, there is a
finding that Ext.P10 order dated 06.06.2014 issued in her
favour has been cancelled and due to the same salary due to
WP(C) No.10040/2019 3/5
the petitioner has not been disbursed. A reading of Ext.P17
judgment will not show that Ext.P10 has been set aside as
per the said judgment. Therefore, for a proper consideration
of the issues involved in this case, further instruction from
respondents 1, 2, and 4 is necessary. Therefore, the
respondents may furnish instructions touching upon the
contentions raised in the writ petition and the instruction
should also contain answers to the specific details on the
following points:
1.The reason for the non-disbursal of salary to the
petitioner from 2016 onwards in spite of Ext. P9
judgment and P10 consequential order issued by the 4th
respondent DEO Palakkad, approving the appointment
of the petitioner, a 51A claimant, as UPSA from
06.06.2014.
2.The 1st respondent Government shall clarify the basis
on which they entered a finding in Ext.P19 order,
G.O(Rt) No.826/2019/G.Edn, dated 01.03.2019 that this
Court as per Ext.P17 judgment dated 03.04.2018 in W.P.
(C) No.11593 of 2018 has set aside Ext. P10 order dated
08.12.2016, since a reading of Ext.P17 judgment will
WP(C) No.10040/2019 4/5
only show that the same has been disposed of with only
a direction to the 2nd respondent to consider and pass
orders on Ext.P5 revision petition filed by the 8 th
respondent.
3.Whether Exhibit P19 order will in any way affect the
appointment and approval of the petitioner and payment
of salary and other emoluments to her, especially when
the rights of the petitioner for appointment as UPSA
have been crystalized and attained finality as per Ext. P9
judgment and consequential order Ext. P10 issued in
implementation of the directions in Ext. P9 judgment.
Detailed instructions on these factual aspects may be
furnished by respondents 1, 2 & 4 at the earliest at any rate
within a period of 2 weeks.
Post after summer vacation.
Sd/-
VIJU ABRAHAM, JUDGE
pm
Hand over to both sides
05-04-2022 /True Copy/ Assistant Registrar
WP(C) No.10040/2019 5/5
EXHIBIT P5 TRUE COPY OF THE ORDER NO.RA1/93351/2014/DPI.D.DIS.
DATED 27/5/2015 OF THE JOINT DIRECTOR OF EDUCATION.
EXHIBIT P9 TRUE COPY OF THE JUDGMENT DATED 18/10/2016 IN W.P.(C)
27824 OF 2015 OF THIS HONOURABLE COURT.
EXHIBIT P10 TRUE COPY OF THE ORDER NO.K.DIS/B3/5265/2015 DATED
8/12/2016 OF THE 4TH RESPONDENT.
EXHIBIT P17 TRUE COPY OF THE JUDGMENT DATED 3/4/2018 IN W.P.(C)
11593/2018 OF THIS HONOURABLE COURT.
EXHIBIT P19 TRUE COPY OF THE G.O.(RT) NO.826/2019/G.EDN. DATED
1/3/2019 OF THE 1ST RESPONDENT.
