Kerala High Court
Arifa P P vs State Of Kerala on 13 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
WP(C) NO. 12883 OF 2023
PETITIONER/S:
1 ARIFA P P
AGED 35 YEARS
D/O. AMMAD MUSLIAR, LPST, VILLIAPPALLY WEST MLP
SCHOOL, VILLIAPPALLY P.O, KOZHIKODE DISTRICT -,
PIN - 673542
2 SRUTHI T C
AGED 34 YEARS
D/O. SREEDHARAN T C, LPST, VILLIAPPALLY SOUTH LP
SCHOOL, VILLIAPPALLY P.O, KOZHIKODE DISTRICT -,
PIN - 673542
3 MIDHUN UDHAYAN
AGED 22 YEARS
S/O. UDHAYAKUMAR P V LPST, MALUR UP SCHOOL, MALUR
P.O, KANNUR -, PIN - 670702
4 ANNIE LEYONA C J
AGED 29 YEARS
D/O. LONY JOSEPH HST, RC HIGH SCHOOL, CHUNDALE
P.O, WAYANAD -, PIN - 673123
5 ANUMOL MATHEW
AGED 38 YEARS
D/O. MATHEW M P UPST, RC HIGH SCHOOL, CHUNDALE
P.O, WAYANAD -, PIN - 673123
6 MAYA M A
AGED 31 YEARS
W/O. PRABIN K B UPST, AUPS MANKURUSSI, MANKARA
P.O PALAKKAD -, PIN - 678613
7 FATHIMA LULUHA MARVA K
AGED 24 YEARS
D/O. NISAR JUNIOR ARABIC TEACHER, ABDULLA
MEMORIAL MLP SCHOOL KANHIRATTUTHARA P.O,
KOZHIKODE -, PIN - 673541
8 JOSLINE GEORGE
AGED 34 YEARS
D/O. GEORGE LPST, RC LP SCHOOL, VENGAPPALLY,
2-
W.P.(C). No. 12883 of 2023
PUZHAMUDI P.O WAYANAD -, PIN - 673122
9 SONY JOHN
AGED 30 YEARS
D/O. JOHNY V A LPST, RC LP SCHOOL, VENGAPPALLY,
PUZHAMUDI P.O WAYANAD -, PIN - 673122
10 ASWANTH S DAS
AGED 24 YEARS
S/O. RAMAKRISHNA DAS LPST, NADAPURAM SOUTH LP
SCHOOL NADAPURAM P.O, KOZHIKODE DISTRICT -, PIN
- 673504
11 JASEETHA M
AGED 39 YEARS
D/O. RAJAN UPST, AUPS NETTIKKULAM MALAPPURAM
DISTRICT -, PIN - 679334
BY ADV R.K.MURALEEDHARAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GENERAL
EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM -, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
DIRECTORATE OF GENERAL EDUCATION, JAGATHI,
THIRUVANANTHAPURAM -, PIN - 695014
3 THE DISTRICT EDUCATIONAL OFFICER
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
KALPETTA, WAYANAD DISTRICT -, PIN - 673122
4 THE ASSISTANT EDUCATIONAL OFFICER
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
THODANNUR, KOZHIKODE DISTRICT -, PIN - 673541
5 THE ASSISTANT EDUCATIONAL OFFICER
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
MATTANNUR, KANNUR DISTRICT -, PIN - 670702
6 THE ASSISTANT EDUCATIONAL OFFICER
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
EDATHARA, PALAKKAD DISTRICT -, PIN - 678611
7 THE ASSISTANT EDUCATIONAL OFFICER
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
VYTHIRI, WAYANAD DISTRICT -, PIN - 673121
8 THE ASSISTANT EDUCATIONAL OFFICER
3-
W.P.(C). No. 12883 of 2023
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
MANANTHAVADI, WAYANAD DISTRICT -, PIN - 670645
9 THE ASSISTANT EDUCATIONAL OFFICER
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
NADAPURAM , KOZHIKODE DISTRICT -, PIN - 673504
10 THE ASSISTANT EDUCATIONAL OFFICER
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
NILAMBUR, MALAPPURAM DISTRICT -, PIN - 679329
OTHER PRESENT:
SMT.NISHA BOSE, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.04.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
4-
W.P.(C). No. 12883 of 2023
P.V.KUNHIKRISHNAN, J.
======================================================
W.P.(C) No. 12883 of 2023
=============================================================
Dated this the 13th day of April, 2023
JUDGMENT
The above writ petition is filed with following prayers:
"i) Issue a writ of mandamus or any other appropriate
writ, order or direction, directing the respondents 3 to 10
to disburse the salary and other benefits to the petitioners,
attached to the post with effect from 15.07.2021 within a
time limit;
ii) Issue a writ of mandamus or any other appropriate
writ, order or direction, directing the respondents 3 to 10
to allot Permanent Employee Number (PEN) within a
time frame;
iii) Issue such other writ, orders or directions as this
Hon'ble Court may deem fit to grant.
iv) It is also prayed that this Hon'ble Court may be
pleased to dispense with the production of translation of
vernacular documents produced in the writ petition.
2. The petitioners were appointed as Primary Teachers in
the regular vacancies with effect from 15.07.2021 except the 4 th
petitioner, who was appointed as HST (PS) with effect from
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W.P.(C). No. 12883 of 2023
15.07.2021. The proposals for approval were uploaded through
SAMANWAYA portal in time as evident by Exts.P13 to P13(i).
But the petitioners salary is not disbursed. As per the entries in
the SAMANWAYA portal, their approval is already granted by
the Assistant Educational Officer. But hard copies of the
proceedings were not generated. It is stated that the same is not
generated because the approval is granted when a stay order of
this Court in WP(C) No.19808 of 2021 was in force. But
admittedly, that writ petition itself was disposed of with an
observation that the approval already granted need not be
unsettled. In such circumstances, I think the stand of the
respondents cannot be accepted. In the same line, this Court
disposed of several writ petitions. Ext.P14 is the judgment in an
identical matter. Hence, this writ petition is to be allowed.
Therefore, this writ petition is allowed in the following
manner:
6-
W.P.(C). No. 12883 of 2023
1. It is declared that the petitioners are entitled to get
salary and other allowances based on Ext.P13 to P13(i)
approval orders.
2. There will be a direction to respondents 3 to 10 to
disburse the salary and other allowances due to the
petitioners, by taking necessary steps, as expeditiously
as possible, at any rate, within three months from the
date of receipt of a stamped certified copy of this
judgment.
3. The petitioners will produce a stamped certified copy
of this judgment together with a copy of this writ
petition before the respondents 3 to 10 for compliance.
sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
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W.P.(C). No. 12883 of 2023
APPENDIX OF WP(C) 12883/2023
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE
1ST PETITIONER UPLOADED THROUGH SAMANWAYA
TO THE 4TH RESPONDENT DATED 15.07.2021
Exhibit-P2 TRUE COPY OF THE APPOINTMENT ORDER OF THE
2ND PETITIONER UPLOADED THROUGH SAMANWAYA
TO THE 4TH RESPONDENT DATED 15.07.2021
Exhibit-P3 TRUE COPY OF THE APPOINTMENT ORDER OF THE
3RD PETITIONER UPLOADED THROUGH SAMANWAYA
TO THE 5TH RESPONDENT DATED 15.07.2021
Exhibit-P4 TRUE COPY OF THE APPOINTMENT ORDER OF THE
4TH PETITIONER UPLOADED THROUGH SAMANWAYA
TO THE 3RD RESPONDENT DATED 15.07.2021
Exhibit-P5 TRUE COPY OF THE APPOINTMENT ORDER OF THE
5TH PETITIONER UPLOADED THROUGH SAMANWAYA
TO THE 3RD RESPONDENT DATED 15.07.2021
Exhibit-P6 TRUE COPY OF THE APPOINTMENT ORDER OF THE
6TH PETITIONER UPLOADED THROUGH SAMANWAYA
TO THE 6TH RESPONDENT DATED 15.07.2021
Exhibit-P7 TRUE COPY OF THE APPOINTMENT ORDER OF THE
7TH PETITIONER UPLOADED THROUGH SAMANWAYA
TO THE 4TH RESPONDENT DATED 15.07.2021
Exhibit-P8 TRUE COPY OF THE APPOINTMENT ORDER OF THE
8TH PETITIONER UPLOADED THROUGH SAMANWAYA
TO THE 7TH RESPONDENT DATED 15.07.2021
Exhibit-P9 TRUE COPY OF THE APPOINTMENT ORDER OF THE
9TH PETITIONER UPLOADED THROUGH SAMANWAYA
TO THE 8TH RESPONDENT DATED 15.07.2021
Exhibit-P10 TRUE COPY OF THE CHANGE OF STATEMENT OF
STAFF SUBMITTED BY MANAGER DATED
15.07.2021 UPLOADED THROUGH SAMANWAYA TO
THE 9TH RESPONDENT DATED 15.07.2021
Exhibit-P11 TRUE COPY OF THE APPOINTMENT ORDER OF THE
11TH PETITIONER UPLOADED THROUGH
SAMANWAYA TO THE 10TH RESPONDENT DATED
15.07.2021
Exhibit-P12 TRUE COPY OF THE RELEVANT PAGES OF THE
GO(P) NO. 5/2022/G.EDN DATED 18.04.2022
Exhibit-P13 TRUE COPY OF THE PRINTOUT RECEIVED FROM
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W.P.(C). No. 12883 of 2023
THE WEBSITE MAINTAINED BY SAMANWAYA
PORTAL IN RESPECT OF THE 1ST PETITIONER
Exhibit-P13(a) TRUE COPY OF THE PRINTOUT RECEIVED FROM
THE WEBSITE MAINTAINED BY SAMANWAYA
PORTAL IN RESPECT OF THE 2ND PETITIONER
Exhibit-P13(b) TRUE COPY OF THE PRINTOUT RECEIVED FROM
THE WEBSITE MAINTAINED BY SAMANWAYA
PORTAL IN RESPECT OF THE 3RD PETITIONER
Exhibit-P13(c) TRUE COPY OF THE PRINTOUT RECEIVED FROM
THE WEBSITE MAINTAINED BY SAMANWAYA
PORTAL IN RESPECT OF THE 4TH AND 5TH
PETITIONERS
Exhibit-P13(d) TRUE COPY OF THE PRINTOUT RECEIVED FROM
THE WEBSITE MAINTAINED BY SAMANWAYA
PORTAL IN RESPECT OF THE 6TH PETITIONER
Exhibit-P13(e) TRUE COPY OF THE PRINTOUT RECEIVED FROM
THE WEBSITE MAINTAINED BY SAMANWAYA
PORTAL IN RESPECT OF THE 7TH PETITIONER
Exhibit-P13(f) TRUE COPY OF THE PRINTOUT RECEIVED FROM
THE WEBSITE MAINTAINED BY SAMANWAYA
PORTAL IN RESPECT OF THE 8TH PETITIONER
Exhibit-P13(g) TRUE COPY OF THE PRINTOUT RECEIVED FROM
THE WEBSITE MAINTAINED BY SAMANWAYA
PORTAL IN RESPECT OF THE 9TH PETITIONER
Exhibit-P13(h) TRUE COPY OF THE PRINTOUT RECEIVED FROM
THE WEBSITE MAINTAINED BY SAMANWAYA
PORTAL IN RESPECT OF THE 10TH PETITIONER
Exhibit-P13(i) TRUE COPY OF THE PRINTOUT RECEIVED FROM
THE WEBSITE MAINTAINED BY SAMANWAYA
PORTAL IN RESPECT OF THE 11TH PETITIONER
Exhibit-P14 TRUE COPY OF THE JUDGMENT IN WP(C) NO.
4947/2023 DATED 20.02.2023
