Usman A.H vs The Director Of Higher Secondary ...
2022 Latest Caselaw 9897 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

      THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

   WEDNESDAY, THE 31ST DAY OF AUGUST 2022 / 9TH BHADRA, 1944
                    WP(C) NO. 7711 OF 2016
PETITIONER/S:

1          USMAN A.H., HIGHER SECONDARY SCHOOL TEACHER
           (JUNIOR), ECONOMICS, SREE KRISHNA
           HIGHER SECONDARY SCHOOL, NELLEPPILLY, PALAKKAD.

2          REKHA V., HIGHER SECONDARY SCHOOL TEACHER (JUNIOR),
           COMMERCE, SREE KRISHAN HIGHER SECONDARY SCHOOL,
           NALLEPPILLY, PALAKKAD.

           BY ADV SRI.ANOOP.V.NAIR

RESPONDENT/S:

1.         THE DIRECTOR OF HIGHER SECONDARY EDUCATION,
           HOUSING BOARD BUILDING, SANTHI NAGAR,
           THIRUVANANTHAPURAM, PIN 695001.

2.         THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY
           EDUCATION, EDAPPALLY P.O., ERNAKULAM, PIN 682011.
3.         THE MANAGER, SREE KRISHNA HIGHER SECONDARY SCHOOL,
           NALLEPPILLY, PALAKKAD, PIN 678553.
4.         THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION,
           MALAPPURAM, PIN 676 505.




           SMT.ANIMA M, GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 31.08.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 7711 OF 2016              2




                                 JUDGMENT

The 1st petitioner was appointed against a permanent vacancy of

Higher Secondary School Teacher (Economics) in the Sree Krishna Higher

Secondary School, Nalleppilly, an aided school under the Management of the

3rd respondent, on 23.3.2013. The 2nd petitioner, on the other hand, was

appointed against a permanent vacancy of Higher Secondary School Teacher

(Commerce) in the very same school from 23.3.2013.

2. This writ petition is filed seeking for a declaration that the

petitioners are fully eligible and entitled to be granted approval from the date

of their initial appointment and to quash Exts.P3 and P4 orders as per which,

approval was granted only with effect from 8.7.2013. The petitioners have

also sought a declaration that in view of their appointment on 23.3.2013,

they will not fall within the ambit of the National Pension Scheme for the

State employees applicable to those employees who have been appointed

after 1.4.2013 and for consequential reliefs.

3. Sri. Anoop V. Nair, the learned counsel appearing for the

petitioners, submits that a memo has been filed by the learned Government

Pleader producing a copy of the order dated 16.10.2020 from which it is

apparent that the Deputy Director has approved the appointment of the

petitioners with effect from 23.3.2013 onwards. As a consequence of the

above order, as held by this Court in Ext.P5 judgment, the petitioners would

not be required to pay the contribution to the Contributory Pension Scheme

that was introduced with effect from 1.4.2013.

4. The learned Government Pleader, on instructions, submits that

pursuant to the order dated 16.10.2020, appropriate directions have been

issued to incorporate necessary changes in the SPARK Software so as to

include the petitioners in the Statutory Pension Scheme and the matter is

pending before the Finance Department.

In that view of the matter, I declare that the petitioners would not be

required to pay the contribution to the Contributory Pension Scheme

introduced with effect from 1.4.2013 as their appointments stand approved

with effect from 23.3.2013. The official respondents shall carry out

necessary changes in the SPARK Software to enable the petitioners to realize

their salary. The entire exercise shall be completed and the benefits due to

the petitioners shall be disbursed expeditiously, in any event, within a period

of two months from the date of receipt of a copy of this judgment.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE sru

APPENDIX

PETITIONERS EXHIBITS:

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE 1ST PETITIONER DATED 23.3.2013.

Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER DATED 23.3.2013.

Exhibit P3 TRUE COPY OF THE ORDER NO.B4/5294/RDDE/HSE/2013 DATED 13.1.2014 OF THE 2ND RESPONDENT.

Exhibit P4 TRUE COPY OF THE ORDER NO.B4/5294/RDDE/HSE/2013 DATED 13.1.2014 OF THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN WPC NO.7498/2014 DATED 1.6.2015.

EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN WPC NO.15805/2014 DATED 10.9.2015.

RESPONDENTS EXHIBITS : NIL