Kerala High Court
P.J.Lekshmi vs The State Of Kerala on 15 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
THURSDAY, THE 15TH DAY OF FEBRUARY 2024 / 26TH MAGHA, 1945
WP(C) NO. 5351 OF 2014
PETITIONER:
P.J.LEKSHMI
AGED 30 YEARS
W/O. M.R. SREERAJ, UPPER PRIMARY SCHOOL ASSISTANT, HIGH
SCHOOL CHETTIKULANGARA, P.O. CHETTIKULANGARA,
MAVELIKKARA, ALAPPUZHA DISTRICT.
BY ADVS.
SRI.V.RAJASEKHARAN NAIR
SMT.SWAPNA MOHAN
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF INSTRUCTIONS
JAGATHY, THIRUVANANTHAPURAM-695014.
3 THE DEPUTY DIRECTOR OF EDUCATION
ALAPPUZHA DISTRICT-688001.
4 THE DISTRICT EDUCATIUONAL OFFICER
MAVELIKKARA, ALAPPUZHA DISTYRICT-690101.
5 THE MANAGER
HIGH SCHOOL, CHETTIKULANGARA, P.O. CHETTIKULANGARA,
MAVELIKKARA, ALAPPUZHA DISTRICT-690106.
BY ADV.
SRI. BIJOY CHANDRAN, SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 5351 OF 2014
2
P.V.KUNHIKRISHNAN, J.
------------------------------
W.P.(C)No. 5351 of 2014
----------------------------------------------
Dated this the 15th day of February, 2024
JUDGMENT
The above writ petition is filed with the
following prayers:
"(i) call for the records relating to Exhibit P-3
and set aside the original of the same by the issue
of a writ of certiorari or other appropriate writ or
order.
(ii) declare that the approval granted to the
appointment of the Petitioner as UPSA from
1.8.2012 to 31.7.2014 is legally valid.
(iii) pass such other order or direction which
this Hon'ble Court may deem fit and proper to grant
in the circumstances of the case."[SIC]
2. Petitioner's appointment as UPSA from
01.08.2012 to 31.07.2014 was approved by the
District Educational Officer as per Ext.P1 order and
WP(C) NO. 5351 OF 2014
she is continuing in the sanctioned vacancy from
01.08.2012 is the submission. The Government vide
Ext.P4 Circular has clarified that even appointments
made after 01.06.2011 can be approved provided the
same was made against regular vacancies caused due
to death, retirement, resignation, promotion and
leave exceeding 8 months. The petitioner was
appointed against a leave vacancy from 01.08.2012 to
31.07.2014. Hence the approval granted vide Ext.P1
order is legal is the submission of the petitioner. But
in Ext.P3 order, it is ordered to refund the salary
drawn by the petitioner from 01.08.2012 and
withholding further salary from 31.07.2014.
According to the petitioner, the approval granted to
the appointment of the petitioner from 01.08.2012 to
31.07.2014 is legally valid as she had actually worked
against a duly sanctioned post from 01.08.2012 is the
WP(C) NO. 5351 OF 2014
submission. Hence Ext.P3 order is unsustainable is the
further submission.
3. Heard the learned counsel appearing for the
petitioner and the learned Government Pleader.
4. This Court perused Ext.P3 order. A perusal
of Ext.P3 order would show that the District
Educational Officer found that the petitioner's
appointment can be approved only on daily wages
basis and not on scale of pay basis. Therefore, it was
directed to recover the balance amount after
adjusting the daily wages to the petitioner for the
period from 01.08.2012 to 31.07.2014. I think this
order itself is not sustainable in the light of the dictum
laid down by the Apex Court in State of Kerala v.
Sneha Cheriyan [2013 (1) KLT 755 (SC)]. Moreover,
in the order No.44977/J2/2013/G.Edn dated
14.10.2015, the Government observed that the
WP(C) NO. 5351 OF 2014
Manager can make appointment in School even if the
duration of which is less than one academic year but
on daily wages basis and if the duration of vacancy
exceeds one academic year that can be filled up on
scale of pay basis. Admittedly the appointment of the
petitioner is for more than one year. Moreover the
appointment of the petitioner is already approved. An
approved teacher is entitled for salary unless the
approval order is set aside. Hence Ext.P3 is
unsustainable.
Therefore, this Writ petition is disposed of setting
aside Ext.P3.
Sd/-
P.V.KUNHIKRISHNAN
DM JUDGE
WP(C) NO. 5351 OF 2014
APPENDIX OF WP(C) 5351/2014
PETITIONER EXHIBITS
P1. TRUE COPY OF THE APPOINTYMENT
ORDER OF THE PETITIONER DATED 1-8-
2012 ALONG WITH APPROVAL.
P2. TRUE COPY OF THE ORDER NO.
B6.4407/2013/L. DIS. DATED 13-8-2013
OF THE 4TH RESPONDENT.
P3. TRUE COPY OF THE ORDER NO.
B6/675/2014 OF THE 4TH RESPONDENT
DATED 10-2-2014.
P4. TRUE COPY OF THE CIRCULAR NO.
13402/J2/12/G.EDN. DATED 10-5-2012
OF THE GOVERNMENT.
P5. TRUE COPY OF THE DECISION
REPRTED IN 1993(2) KLT SHORT NOTES
27 CASE N.28.
RESPONDENTS EXHIBITS : NIL
//TRUE COPY// PA TO JUDGE
