Kerala High Court
Sudeepa.C.K vs State Of Kerala on 8 November, 2024
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W.P.(C) No.23442 of 2019
2024:KER:83378
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946
WP(C) NO. 23442 OF 2019
PETITIONER:
SUDEEPA.C.K.,
AGED 44 YEARS, W/O. RAJEEVAN NAMBIAR,
UPPER PRIMARY SCHOOL ASSISTANT, KOLACHERY
AIDED UPPER PRIMARY SCHOOL, P.O. KOLACHERY,
KANNUR DISTRICT - 670 601.
BY ADVS.
KALEESWARAM RAJ
SRI.VARUN C.VIJAY
KUM.A.ARUNA
KUM.THULASI K. RAJ
SMT.MAITREYI SACHIDANANDA HEGDE
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE DIRECTOR OF PUBLIC INSTRUCTIONS
JAGATHY, THIRUVANANTHAPURAM - 695 001.
3 DEPUTY DIRECTOR OF EDUCATION,
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
KANNUR - 670 001.
4 THE DISTRICT EDUCATIONAL OFFICER
REVENUE TOWER, COURT ROAD,
TALIPARAMBA - 670 141.
5 THE ASSISTANT EDUCATIONAL OFFICER
TALIPARAMBA - 670 141.
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W.P.(C) No.23442 of 2019
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6 THE MANAGER
KOLACHERRY AIDED UPPER PRIMARY SCHOOL, P.O.
KOLLECHERRY, KANNUR - 670 601.
7 PRATHIBHA
UPPER PRIMARY SCHOOL ASSISTANT,
KOLACHERRY AIDED UPPER PRIMARY SCHOOL,
P.O. KOLLECHERRY, KANNUR - 670 601.
BY ADVS.
SRI.MURALI PALLATH
SMT.SONY K.B
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
08.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P.(C) No.23442 of 2019
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HARISANKAR V. MENON, J.
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W.P.(C) No.23442 of 2019
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Dated this the 8th day of November, 2024
JUDGMENT
The petitioner was appointed as Upper Primary School
Assistant (UPSA) in the school managed by the 6th respondent
herein, on 12.01.2001 and she worked till 14.03.2001. Insofar as
on the basis of the law as it stood then, the petitioner had a claim
under the provisions of Rule 51A of Chapter XIV A of the Kerala
Education Rules (KER), the petitioner was again appointed on
04.06.2012 and worked till 28.03.2014. However, both the above
appointments were not approved, and the salary was also not paid
to the petitioner. Against the non-approval of the appointment as
above, though an appeal was preferred, by Ext.P4, the said appeal
stood rejected, essentially finding that the petitioner was
appointed in 2012 against the post on account of the exemption
given to the Headmistress from class charge and the said
additional post was not approved / created.
2. The petitioner was thereafter appointed again on
01.06.2016 against the retirement vacancy of one
Smt.N.P.Prasanna, who retired on 30.04.2016. There was one
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more vacancy on account of the promotion of one Smt.Shyamala,
to which the 7th respondent was appointed by the 6th respondent
herein.
3. However, the 6th respondent Manager later came to
know that the petitioner was not entitled for the Rule 51A claim,
since originally, she was not having a one-year approved service
and therefore, the petitioner stood terminated in the year 2019.
4. In the captioned writ petition, the petitioner only seeks
for a declaration as regards the period she worked as UPSA from
04.06.2012 to 28.03.2014 and from 01.06.2016 till the
termination in 2019 as also for a declaration that she was entitled
for the Rule 51A claim.
5. I have heard the learned counsel for the petitioner,
Smt.K.B.Sony, the learned Government Pleader and the learned
counsel for respondents 6 and 7.
6. The short issue arising for consideration is as regards
the appointment of the petitioner for the periods from 2012 to
2014 and from 2016 onwards.
7. It is seen that the petitioner was appointed in 2012 by
the 6th respondent Manager, since according to the Manager, the
petitioner had a claim with reference to the provisions of Rule 51A
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of Chapter XIV A of the KER. However, later, the Manager realised
that on account of the amendment to the provisions of Rule 51A,
pursuant to the Government Order in the year 2005, the petitioner
may not be entitled for the claim since she was not having one full
year service in an approved post. In the light of the above, the
petitioner, prima facie does not appear to be entitled for the
appointment with reference to the provisions of Rule 51A for the
period 04.06.2012 to 28.03.2014 as well as for the subsequent
period from 01.06.2016 also. In this connection, I also notice that
the judgment of the Apex Court in Manager, VKNM Vocational
Higher Secondary School v. State of Kerala and Others
[2016 (1) KHC 430], wherein the Apex Cout, has referred to the
amended provisions of Rule 7A (3) of Chapter XIV A read along
with 51A, and held that unless and until the claimant was having
a full one year service, the benefits could not be extended.
8. In such circumstances, I am of the opinion that the
petitioner may not be entitled for the reliefs claimed by her, though
originally, she was accommodated with reference to Rule 51A
claim as seen from Ext.P3, without noticing the subsequent
changes.
9. However, the question arises as to whether the
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petitioner is entitled for the benefit of salary for the period during
which she had admittedly worked with the school managed by the
6th respondent herein. The fact that the petitioner had put in
service as afore is not disputed by anyone. But the question with
respect to the eligibility of the petitioner for salary, especially with
reference to the findings contained in paragraph 42 of the Full
Bench judgment of this Court in Harikumar v. State of Kerala
[2003 (1) KLT 797], requires to be considered.
10. In such circumstances, while rejecting the prayers in
the writ petition, I permit the petitioner to file an appropriate
representation, pointing out the relevant facts and figures to the
1st respondent herein, who will consider the same after hearing
the petitioner as well as the 6th respondent Manager and take a
decision thereon, within a period of two months from the date of
receipt of an application in that regard.
This writ petition is disposed of as above.
Sd/-
HARISANKAR V. MENON
JUDGE
anm
2024:KER:83378
APPENDIX OF WP(C) 23442/2019
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED
12.1.2001.
EXHIBIT P2 TRUE RELEVANT PAGE OF THE SCHOOL
SENIORITY LIST OF 51 A CLAIMANT
(INDIVIDUAL MANAGEMENT) DOWNLOADED FROM
THE OFFICIAL WEBSITE OF GOVERNMENT OF
KERALA.
EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER DATED
4.6.2012 APPOINTING THE PETITIONER AS
UPSA.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 22.12.2012
ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE STAFF FIXATION ORDER
DATED 28.4.2006.
EXHIBIT P6 TRUE COPY OF THE RELEVANT PAGES OF THE
ATTENDANCE REGISTER OF THE SCHOOL FOR THE
YEAR 2012-13.
EXHIBIT P7 TRUE COPY OF THE ATTENDANCE REGISTER OF
THE SCHOOL FOR THE YEAR 2013-14.
EXHIBIT P8 TRUE COPY OF THE APPOINTMENT ORDER DATED
1.6.2016 APPOINTING THE PETITIONER AS
UPSA.
EXHIBIT P9 TRUE COPY OF THE ORDER DATED 24.7.2017
ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE APPEAL FILED BY THE 6TH
RESPONDENT BEFORE THE 4TH RESPONDENT.
EXHIBIT P11 TRUE COPY OF THE REPRESENTATION DATED
15.12.2017 SUBMITTED BEFORE THE 4TH
RESPONDENT BY THE PETITIONER.
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EXHIBIT P12 TRUE COPY OF THE REPRESENTATION DATED
27.12.2017 SUBMITTED BEFORE THE 2ND
RESPONDENT.
EXHIBIT P13 TRUE COPY OF THE ORDER DATED 27.12.2012
ISSUED BY THE ADDITIONAL DPI (ACADEMIC).
EXHIBIT P14 TRUE COPY OF THE JUDGMENT DATED
30.10.2018 IN WPC NO.35234/2018.
EXHIBIT P15 TRUE COPY OF THE ORDER DATED 17.10.2018
ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P16 TRUE COPY OF THE GO(P) NO.134/2016/GEN.
EDN DATED 5.8.2016.
EXHIBIT P17 TRUE COPY OF THE CIRCULAR DATED 9.11.2016
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P18 TRUE COPY OF THE GO(P) NO.199/2016/GEN.
EDN DATED 3.12.2016.
EXHIBIT P19 TRUE COPY OF THE G.O(RT) NO.2608/2018/G.
EDN DATED 12.7.2018.
EXHIBIT P20 TRUE COPY OF THE ORDER DATED 24.1.2019
ISSUED BY THE 7TH RESPONDENT.
EXHIBIT P21 TRUE COPY OF THE REVISION PETITION DATED
5.2.2019 SUBMITTED BY THE PETITIONER
BEFORE THE IST RESPONDENT.
EXHIBIT P22 TRUE COPY OF THE JUDGMENT DATED 12.2.2019
IN WPC NO.4158/2019.
EXHIBIT P23 TRUE COPY OF G.O(RT) NO.2878/2019/G.EDN
DATED 16.7.2019.
Exhibit P24 TRUE COPY OF ORDER DATED 2-09-2019 ISSUED
BY THE 6TH RESPONDENT MANAGER.
