Kerala High Court
Manju John vs State Of Kerala on 1 November, 2024
2024:KER:81069
WPC.No.24755/24 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 1ST DAY OF NOVEMBER 2024 / 10TH KARTHIKA, 1946
WP(C) NO.24755 OF 2024
PETITIONER:
MANJU JOHN,
AGED 43 YEARS,
HIGH SCHOOL TEACHER (NATURAL SCIENCE), M.A.M
HIGHER SECONDARY SCHOOL, KORATTY, THRISSUR,
PIN - 680 308.
BY ADVS.
K.T.THOMAS
NIKHIL BERNY
RESPONDENTS:
1 STATE OF KERALA,
REP. BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION
DEPARTMENT, SECRETARIAT ANNEXE,
THIRUVANANTHAPURAM, PIN - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
DIRECTORATE OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM, PIN - 695 014.
3 THE DISTRICT EDUCATIONAL OFFICER,
IRINJALAKKUDA, THRISSUR, PIN - 680 121.
4 THE MANAGER,
M.A.M HIGHER SECONDARY SCHOOL, KORATTY,
THRISSUR, PIN - 680 308.
2024:KER:81069
WPC.No.24755/24 2
5 THE HEADMASTER,
M.A.M HIGHER SECONDARY SCHOOL, KORATTY,
THRISSUR, PIN - 680 308.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 01.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2024:KER:81069
WPC.No.24755/24 3
JUDGMENT
The petitioner, who was initially appointed as UPST with
effect from 01.06.2017 in M.A.M Higher Secondary School,
Koratty and later promoted as HST (Natural Science) with effect
from 01.08.2017, has approached this Court aggrieved by the
denial of approval of the said appointment.
2. Today, it is reported that, approval of the
appointment is already granted by the authorities concerned and
the petitioner is being paid salary. However, the arrears of
salary from the date of appointment, i.e., from 01.06.2017 till the
date of approval, i.e., 31.01.2024, is not paid. In the statement
submitted by the learned Government Pleader, the following
averments are made in respect of the non-payment of salary.
"4. It is submitted that the arrear salary from the initial
date of appointment i.e. 01.06.2017 to the date of
approval i.e.,31.01.2024 has to be merged to her
Provident Fund as per the Circular No.7/2021 dated
27.02.2021 and a clarification letter dated 04.08.2022
No.PF1/37/2022-FIN (2124126) of Finance Department.
The application for admission in K A S E P F has been
forwarded to the Provident Fund Officer. As soon as the
above PF Account is admitted, the arrears will be
2024:KER:81069
merged to the particular amount."
3. Thus, the only impediment highlighted is that the
PF account has not been created. Today when the matter came
up for consideration, it is pointed out by the learned counsel for
the petitioner that PF account has been created and the same
has been merged.
In such circumstances, there is no legal impediment in
releasing the salary of the petitioner by depositing the same in
the PF account. Hence, this writ petition is disposed of directing
the 2nd and 3rd respondents to ensure that the arrears of salary of
the petitioner pertaining to the period from 01.06.2017 to
31.01.2024 is deposited in the PF account of the petitioner
within a period of three weeks from the date of receipt of a copy
of this judgment.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG/1.11.24
2024:KER:81069
APPENDIX OF WP(C) 24755/2024
PETITIONER EXHIBITS
Exhibit-P1 TRUE COPY OF THE APPOINTMENT ORDER DATED
01.08.2017 ISSUED BY 4TH RESPONDENT
Exhibit-P2 TRUE COPY OF THE ORDER DATED 21.03.2019
PASSED BY 2ND RESPONDENT
Exhibit-P3 TRUE COPY OF THE ORDER DATED 16.08.2019
PASSED BY 3RD RESPONDENT
Exhibit-P4 TRUE COPY OF THE ORDER DATED 24.11.2020
PASSED BY REGIONAL DEPUTY DIRECTOR,
GENERAL EDUCATION DEPARTMENT, HIGHER
SECONDARY WING, ERNAKULAM
Exhibit-P5 TRUE COPY OF THE JUDGMENT DATED
13.07.2023 IN W.P (C) NO.15199/2021
Exhibit-P6 TRUE COPY OF THE ORDER DATED 12.12.2023
PASSED BY 1ST RESPONDENT
