Kerala High Court
Nefsiya N H vs State Of Kerala on 6 February, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(C) NO. 10608 OF 2014
PETITIONERS:
1 NEFSIYA N H
AGED 36 YEARS
PRE- PRIMARY TEACHER, GOVT L.P.S KARIMATTOM,
MUVATTUPUZHA, ERNAKULAM DISTRICT
2 ANJU BABY
AGED 35 YEARS
PRE- PRIMARY TEACHER, GOVT L.P.S, MAVUDY,
PALLARIMANGALAM, KOTHAMANGALAM
3 KAVITHAMOLE K.T
AGED 30 YEARS
PRE-PRIMARY TEACHER, GOVT.J.B SCHOOL, VAZHAPILLY,
MUDAVOOR P.O, MUVATTUPUZHA, ERNAKULAM DISTRICT
4 JAMEELA K.M
AGED 40 YEARS
PRE- PRIMARY TEACHER, GOVT H.S.S PEZHAKKAPILLY,
MUVATTUPUZHA, ERNAKULAM DISTRICT
5 BUSHRA K
AGED 33 YEARS
PRE PRIMARY TEACHER, GOVT. U.P.S, MUDAVOOR,
MUVATTUPUZHA, ERNAKULAM DISTRICT
6 NEETHU V.U
AGED 21 YEARS
PRE- PRIMARY TEACHER, GOVT. L.P.S, KUTTAMPUZHA,
KOTHAMANGALAM, ERNAKULAM
7 DIVYA N.V
AGED 28 YEARS
PRE- PRIMARY TEACHER, GOVT L.P SCHOOL, MULAVOOR,
MUVATTUPUZHA
8 SOMY V.K
AGED 24 YEARS
PRE-PRIMARY TEACHER, GOVT. TOWN UP SCHOOL, MUVATTUPUZHA
9 NISHA THOMAS
WP(C) NO. 10608 OF 2014
2
AGED 33 YEARS
PRE- PRIMARY TEACHER, GOVT L.P.S VENDUVAZHY
KOTHAMANGALAM
BY ADVS.
SRI.M.S.UNNIKRISHNAN
SMT.JAYASREE MANOJ
SRI.JITHIN PAUL VARGHESE
SRI.A.C.THOMAS ADHIKARAM
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETRY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPRUAM, PIN - 695001
2 THE DIRECTOR OF PUBLIC INSTRUCTION
THIRUVANANTHAPURAM, PIN - 695001
3 DEPUTY DIRECTOR OF EDUCATION
ERNAKULAM, PIN - 682030
BY ADV.
SRI. BIJOY CHANDRAN, SENIOR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.02.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 10608 OF 2014
3
P.V.KUNHIKRISHNAN, J.
------------------------------
W.P.(C)No. 10608 of 2014
----------------------------------------------
Dated this the 06th day of February, 2024
JUDGMENT
The above writ petition is filed with the following
prayers:
"i. To declare that the petitioners are entitled
to get salary at the rate of 5000 per month as they
are working as pre-primary teachers in the school
as on 1.8.2012.
ii. To call for the records relating to issue of
Ext. P24 to P30 orders by the 3rd respondent and
quash the same by issue of a writ of certiorari as
the same are issued in violation of Ext. P19 to P21
of this Hon'ble court.
iii. mandamus or any other appropriate writ
order or direction directing the 3rd respondent to
consider and pass fresh orders in the light of Ext.
P19 to P21 orders of this Hon'ble court.
iv. Pass such other order or direction as this
Hon'ble court may deem fit and proper in the facts
WP(C) NO. 10608 OF 2014
and circumstances of the case."[SIC]
2. Petitioners are pre-primary teachers
working in various Government Schools at
Muvattupuzha. It is the case of the petitioners that,
as per Exts.P19 to P21 judgments of this Court, the
teachers/ ayahs working in the pre-primary section in
Government Schools are entitled to get
salary/remuneration at the rate of Rs.5000/3000, if
they are on service as on 01.08.2012. According to
the petitioners, they are entitled for the remuneration.
But the same is rejected as per Exts.P24 to P30.
Aggrieved by the same, this Writ petition is filed.
3. Heard the learned counsel appearing for the
petitioners and the learned Government Pleader.
4. After hearing both sides and also in the light
of the subsequent Government orders as G.O.
(M.S)No.37/2017/G.Edn. dated 07.05.2017, G.O.
WP(C) NO. 10608 OF 2014
(Rt.)No.549/2017/G.Edn. dated 01.03.2017 and G.O.
(M.S)No.146/2013/G.Edn. dated 25.04.2013, I think
the matter is to be reconsidered.
Therefore, this Writ petition is disposed of in the
following manner:
1. Ext.P24 to P30 are set aside.
2. The 1st respondent will reconsider the matter in
the light of G.O.(M.S)No.37/2017/G.Edn. Dated
07.05.2017, G.O.(Rt.)No.549/2017/G.Edn. dated
01.03.2017 and G.O.(M.S) No.146/2013/G.Edn.
dated 25.04.2013 and pass necessary orders, as
expeditiously as possible, at any rate, within a
period of four months from the date of receipt of
a stamped certified copy of this judgment.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
WP(C) NO. 10608 OF 2014
APPENDIX OF WP(C) 10608/2014
PETITIONER EXHIBITS
EXHIBIT P1 A COPY OF THE COUSE
CERTIFICATE ISSUED TO THE IST
PETITIONER BY THE KERALA CHILD
WELFATE SOCIETY DATED 25-05-2012
EXHIBIT P2 COPY OF THE CERTIFICATE
DATED 24-02-2014 ISSUED BY THE
HEADMISTRESS GOVERNMENT L.P SCHOOL
KARIMATTOM AYAVANA TO THE IST
PETITIOENR
EXHIBIT P3 A COPY OF THE COURSE
CERTIFICATE ISSUED BY THE RAJEEV
GANDHI MEMORIAL NURSERY TEACHER
SCHOOL, THODUPUZHA TO THE 2ND
PETITIONER
EXHIBIT P4 A COPY OF THE CERTIFICATE
DATED 28-02-2014 ISSUED BY THE
HEADMISTRESS GOVERNMENT L.P SCHOOL
MAVUDY, PALLARIMANGALAM TO THE 2ND
PETITIONER
EXHIBIT P5 A COPY OF THE COURSE
CERTIFICATE DATED 26-06-2008 ISSUED
BY THE KERALA PRE- PRIMARY EDUCATION
RUST, THIRUVANANTHAPURAM TO THE 3RD
PETITIONER
EXHIBIT P6 A COPY OF THE
COMMUNICATION ISSUED BY THE
HEADMASTER GOVT J.B SCHOOL,
VAZHAPPILLY DATED 03-12-2013 TO THE
3RD PETITIONER
EXHIBIT P7 A COPY OF THE COURSE
CERTIFICATE DATED 25-05-2006 ISSUED
WP(C) NO. 10608 OF 2014
BY THE BHARATH SEVAK SAMAJ TO THE
4TH PETITIONER
EXHIBIT P8 A COPY OF THE CERTIFICATE
ISSUED BY THE HEADMISTRESS GOVT
H.S.S. PEZHAKKAPILLY DATED 05-12-
2013 TO THE 4TH PETITIONER
EXHIBIT P9 A COPY OF THE COURSE
CERTIFICATE DATED 15-04-2005 ISSUED
BY THE DIRECTORATE OF THE
EDUCATIONAL INSTITUTION, CALICUT TO
THE 5TH PETITIONER
EXHIBIT P10 A COPY OF THE
CERTIFICATE ISSUED BY THE
HEADMISTRESS GOVT U.P.S. MULAVOOR
DATED 28-02-2014 TO THE 5TH
PETITIONER
EXHIBIT P11 A COPY OF THE COURSE
CERTIFICATE DATED NIL ISSUED BY THE
NETHAJI COMPUTER AND VOCATIONAL
TRAINING CENTRE TO THE 6TH
PETITIONER
EXHIBIT P12 A COPY OF THE
CERTIFICATE ISSUED BY THE
HEADMISTRESS GOVT L.P.S. KUTTAMPUZHA
DATED 28-02-2014 TO THE 6TH
PETITIONER
EXHIBIT P13 A COPY OF THE COURSE
CERTIFICATE DATED 17-04-2007 ISSUED
BY THE SOPHIA PRE- PRIMARY TEACHERS
TRAINING SCHOOL, KOTHAMANGALAM TO
THE 7TH PETITIONER
EXHIBIT P14 A COPY OF THE
CERTIFICATE ISSUED BY THE
HEADMISTRESS GOVT L.P SCHOOL
MUDAVOOR, DATED 19-02-2014 TO THE
WP(C) NO. 10608 OF 2014
7TH PETITIONER
EXHIBIT P15 A COPY OF THE COURSE
CERTIFICATE DATED 06-04-2011 ISSUED
BY THE KERALA EDUCATION CENTRE
9REGD) TO THE 8TH PETITIONER
EXHIBIT P16 A COPY OF THE
CERTIFICATE ISSUED BY THE
HEADMISTRESS GOVT TOWN U.P SCHOOL,
MUVATTUPUZHA DATED 10-03-2014 TO
THE8TH PETITIONER
EXHIBIT P17 A COPY OF THE COURSE
CERTIFICATE DATED 31-03-2009 ISSUED
BY THE KERALA EDUCATION CENTRE
(REGD) TO THE9TH PETITIONER
EXHIBIT P18 TRUE COPY OF THE
CERTIFICATE ISSUED BY THE
HEADMISTRESS GOVT L.P.S. VENDUVAZHY
DATED 04-12-2013 TO THE 9TH
PETITIONER
EXHIBIT P19 A COPY OF THE JUDGMENT
DATED 27TH JANUARY 2011 IN WPC NO
2700 OF 2009
EXHIBIT P20 A COPY OF THE JUDGMENT
DATED 01-08-2012 IN WA. NO 205 OF
EXHIBIT P21 A COPY OF THE ORDER
DATED 10TH OCTOBER 2013 IN W.A NO 05
OF 2011
EXHIBIT P22 A COPY OFTHE ORDER DATED
07-12-2012
EXHIBIT P23 A COPY OF THE CIRCULAR
DATED 21-11-2013
EXHIBIT P24 A COPY OF THE
PROCEEDINGS DATED 05-12-2013 OF THE
WP(C) NO. 10608 OF 2014
3RD RESPONDENT REJECTING THE CLAIM
OF THE IST PETITIONER
EXHIBIT P25 A COPY OF THE PROCEEDING
DATED 05-12-2013 OF THE 3RD
RESPONDENT REJECTING THE CLAIM OF
THE 2ND PETITIONER
EXHIBIT P26 A COPY OF THE PROCEEDING
DATED 05-12-2013 OF THE 3RD
RESPONDENT REJECTING THE CLAIM OF
THE 3RD PETITIONER
EXHIBIT P27 A COPY OF THE PROCEEDING
DATED 05-12-2013 OF THE 3RD
RESPONDENT REJECTING THE CLAIM OF
THE 4TH PETITIONER
EXHIBIT P28 A COPY OF THE PROCEEDING
DATED 05-12-2013 OF THE 3RD
RESPONDENT REJECTING THE CLAIM OF
THE 6TH PETITIONER
EXHIBIT P29 A COPY OF THE PROCEEDING
DATED 05-12-2013 OF THE 3RD
RESPONDENT REJECTING THE CLAIM OF
THE 7TH PETITIONER
EXHIBIT P30 A COPY OF THE PROCEEDING
DATED 05-12-2013 OF THE 3RD
RESPONDENT REJECTING THE CLAIM OF
THE 9TH PETITIONER
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
