Kerala High Court
Soumya G.Nair vs State Of Kerala on 13 March, 2023
WP(C) NO. 30843 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
WP(C) NO. 30843 OF 2022
PETITIONER/S:
SOUMYA G.NAIR
AGED 34 YEARS
FULL TIME MENIAL AMRITHA GIRLS HIGH SCHOOL,
PARAKODE, PATHANAMTHITTA - 691554, RESIDING AT
SARAWASTI BHAVAN, PUTHUMALA PO, PATHANAMTHITTA-
691554.
BY ADVS.
M.A.FAYAZ
M.VISHNUPRIYA
C.B.ABHINAVA
RESPONDENT/S:
1 STATE OF KERALA
REP.BY SECRETARY TO GOVERNMENT, SECRETARIAT,
GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-
695 001.
2 DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695 014.
3 DEPUTY DIRECTOR OF EDUCATION
PATHANAMTHITTA, O/O THE DEPUTY DIRECTOR OF
EDUCATION, PATHANAMTHITTA, PATHANAMTHITTA-689 101.
4 DISTRICT EDUCATIONAL OFFICER
PATHANAMTHITTA, O/O THE DISTRICT EDUCATIONAL
OFFICER, PATHANAMTHITTA, PATHANAMTHITTA-689 645.
5 THE MANAGER,
AMRITHA GIRLS HIGH SCHOOL, PARAKODE, PATHANAMTHITTA
WP(C) NO. 30843 OF 2022 2
- 691 554.
OTHER PRESENT:
SMT. NISHA BOSE SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 30843 OF 2022 3
P.V.KUNHIKRISHNAN, J
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W.P.(C) No. 30843 of 2022
--------------------------------------
Dated this the 13th day of March, 2023
JUDGMENT
The above writ petition is filed with following prayers :
"(i) restrain the respondents from taking steps to transfer
the salary arrears of the petitioner for the period from
01.08.2018 to May 2022 to the Provident Fund Account.
(ii) To direct the respondents 1 to 4 to sanction and
disburse arrears of salary from 01.08.2018 to May 2022 with
interest at the prevailing rates till its disbursal, pending
disposal of the above Writ Petition in the interest of justice."
[SIC]
2. The petitioner herein was appointed as Full Time
Menial in the 5th respondent school w.e.f. 01.08.2018 vide
Ext.P1. The petitioner's appointment was made in a
promotion vacancy and the promotee was given approval of
promotion as evident by Ext.P2 and hence, the vacancy of
FTM was established w.e.f. 01.08.2018. It is the case of the
petitioner that the 4th respondent delayed the grant of
approval to the petitioner by stating that Amritha Girls High
School Parakode was opened in the year 1979 comes under
the category of newly opened school and therefore, approval
cannot be granted. It is the case of the petitioner that the
school was originally started in the year 1942, but due to the
mistake happened at the hands of the clerk in the school,
while uploading the proposal, it was entered that the school
was started in the year 1979. So, the 4 th respondent sought
for clarification from the 1st and 2nd respondents and the
petitioner and hence, the petitioner was made to wait for
getting her appointment approved, is the submission.
Ultimately, the 2nd respondent after conducting hearing as per
Ext.P6 order declared that the school does not come under
the category of newly opened school. On the basis of Ext.P6,
the 5th respondent was directed to resubmit the proposal in
respect of the petitioner and thereafter, the 4 th respondent
vide Ext.P8 proceedings granted approval of the petitioner's
appointment from her original date of appointment, that is
w.e.f. 01.08.2018.
3. After Ext.P8 proceedings, the salary bill for the
months of June, July and August was paid to the petitioner.
When the petitioner approached the 4th respondent-office
regarding the payment of salary arrears from 01.08.2018 to
May 2022 , it was informed that as per Ext.P11 circular,
Government had directed to credit the salary arrears of those
teachers in the PF account, whose approval was granted
belatedly. It is the case of the petitioner that the above
circular issued by the Finance Department is illegal and
hence, the arrears of the salary is to be paid, is the
submission.
4. Heard the learned counsel for the petitioner and the
learned Government Pleader.
5. When this writ petition came up for consideration,
both sides conceded that the point raised in this case is
covered in favour of the petitioner in W.P.(C.) No.
17115/2022. But the Government Pleader submitted that
there is an appeal pending against that judgment. But there is
no interim order from the Division Bench. In such
circumstances, the directions in W.P.(C.) No. 17115/2022 is to
be followed. Consequently, the petitioner is entitled arrears of
salary.
Therefore, this writ petition is allowed in the following
manner :
1) The respondent Nos. 1 to 4 are directed to disburse the
arrears of salary due to the petitioner from 01.08.2018
to May 2022 as expeditiously as possible, at any rate,
within three months from the date of receipt of a
certified copy of this jugdment.
2) The petitioner will produce a certified copy of this
judgment along with a copy of this writ petition before
respondent Nos. 1 to 4 for compliance.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 30843/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER ISSUED
IN RESPECT OF THE PETITIONER DATED
01.08.2018
Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER ISSUED
IN RESPECT OF ONE SRI.MANIYAN PILLAI.R
CONTAINING THE ENDORSEMENT OF APPROVAL OF
APPOINTMENT DATED 01.08.2018.
Exhibit P3 TRUE COPY OF THE 4TH RESPONDENTS LETTER
NO.B6/6777/2019 DATED 25.10.2019 ISSUED
BY THE 4TH RESPONDENT.
Exhibit P4 TRUE COPY OF THE LETTER NO.B6/6777/
2018/L. DIS DATED 20.07.2021 ISSUED BY
THE 4TH RESPONDENT.
Exhibit P5 TRUE COPY OF THE HEARING NOTICE ISSUED BY
THE 2ND RESPONDENT DATED 28.12.2021
Exhibit P6 TRUE COPY OF THE PROCEEDINGS
NO.DGE/4034/2019-H2 DATED 30.03.2022
ISSUED BY THE 2ND RESPONDENT.
Exhibit P7 TRUE COPY OF THE LETTER
NO.B6/10055/2021/L. DIS DATED 18.04.2022
ISSUED BY THE 4TH RESPONDENT.
Exhibit P8 TRUE COPY OF THE ORDER NO.B6/ 34968/
2022D DATED 23.06.2022 ISSUED BY THE 4TH
RESPONDENT.
Exhibit P9 TRUE COPY OF G.O(P)NO.29/ 2016/G.EDN
DATED 29.01.2016.
Exhibit P10 TRUE COPY OF THE CIRCULAR NO.6/2018/FIN
DATED 10.01.2018.
Exhibit P11 TRUE COPY OF THE CIRCULAR NO.7/2021/FIN
DATED 27.01.2021.
Exhibit P12 TRUE COPY OF THE JUDGMENT IN
W.P(C)NO.8725/2021 DAD 04.08.2021.
