Kerala High Court
Thahira T.K vs The State Of Kerala on 28 May, 2024
Author: Sathish Ninan
Bench: Sathish Ninan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
TUESDAY, THE 28TH DAY OF MAY 2024 / 7TH JYAISHTA, 1946
WP(C) NO. 19090 OF 2013
PETITIONER:
THAHIRA T.K.
AGED 33 YEARS
W/O.SUNIL DATH,UPPER PRIMARY SCHOOL
ASSISTANT,GNANAPRABHA
A.M.U.P.SCHOOL,THEVARKADAPURAM,P.O.NIRAMARUTHUR,T
ANUR EDUCATION SUB DISTRICT,MALAPPURAM DISTRICT.
BY ADVS.
SRI.V.A.MUHAMMED
SRI.K.E.HAMZA
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO
GOVERNMENT,GENERALEDUCATION
DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM,PIN-
695001.
2 THE ASSISTANT EDUCAITONAL OFFICER
THANUR,MALAPPURAM DISTRICT-676302.
3 THE MANAGER
GNANAPRABHA
A.M.U.P.SCHOOL,THEVARKADAPURAM,P.O.NIRAMARUTHUR-
676109,THANUR EDUCATION SUB DISTRICT,MALAPPURAM
DISTRICT.
BY SR.GOVT.PLEADER:SRI.BIJOY CHANDRAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 28.05.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
Sathish Ninan, J.
----------------------
WP(C).No.19090 of 2013
-------------------------------
Dated this the 28th day of May, 2024
JUDGMENT
Petitioner was appointed as UPSA in the 3 rd
respondent School from 16/07/2007 onwards. The
appointment was against a regular vacancy. The
appointment was approved on daily wages from 16/07/2007
to 31/03/2008, and on regular scale of pay from
01/06/2008 onwards. The petitioner has approached this
Court challenging the order of approval insofar as it
restricts the approval for the period from 16/07/2007 to
31/03/2008 on daily wage basis.
2. I have heard the learned counsel for the
petitioner and the learned Senior Government Pleader.
3. The authorities had relied on Ext.P2
Government Order No.104/2008/G.Edn dated 10/06/2008 to
restrict the approval for the period from 16/07/2007 to
WP(C) NO.19090 OF 2013
31/03/2008 on daily wages. Clause 5(i) of Ext.P2
Government Order reads thus:
"(i) If the period of appointment does not cover
one academic year (i.e. from the re-opening day of the
School after summer vacation to the closing day for
summer vacation the appointments shall be made only on
daily wages"
4. However, the Apex Court in State of Kerala v
Sneha Cheriyan and Others [I.L.R.2013 (1) Ker.913] held
that, if the appointment is against a regular
established vacancy, if the duration of vacancy exceeds
one academic year, approval can be granted on scale of
pay basis. In the present case, it is not in dispute
that the above requirements are satisfied.
5. In the light of the law as above, I am of the
opinion that it would be sufficient if the 1st
respondent considers the issue.
WP(C) NO.19090 OF 2013
Resultantly, the writ petition is ordered directing
the petitioner to approach the 1 st respondent-Government
with a Revision Petition as prescribed under Rule 92 of
Chapter X1V KER, voicing her grievance as above. If such
a Revision Petition is filed, the 1 st respondent shall
consider the same in the light of the judgment in Sneha
Cheriyan's case (supra) and pass appropriate orders. Let
the needful be done within a period of two months from
the date of filing of the Revision Petition. Petitioner
shall produce a copy of this judgment along with the
Revision Petition before the 1 st respondent for
compliance.
Sd/-
Sathish Ninan, Judge
rsr
WP(C) NO.19090 OF 2013
APPENDIX OF WP(C) 19090/2013
PETITIONER EXHIBITS
P1 TRUE COPY OF THE ORDER OF APPOINTMENT
OF THE PETITIONER DATED 16.7.2007
P2 TRUE COPY OF THE G.O.
(P)NO.104/2008/G.EDN.DATED 10.6.2008 OF
THE GOVERNMENT
P3 TRUE COPY OF THE G.O.
(P)NO.56/2011/G.EDN.DATED 26.2.2011 OF
THE GOVERNMENT.
P4 TRUE COPY OF THE REMINDER OF THE
PETITIONER DATED 22.6.2013
P5 TRUE COPY OF THE DECISION REPORTED IN
I.L.R.2013(1)KER.913 DATED 22.2.2013.
P6 TRUE COPY OF THE G.O.
(P)NO.144/2013/G.EDN 22.4.2013 OF THE
GOVERNMENT.
