Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM THURSDAY, THE13H DAY OF FEBRUARY201424TH MAGHA, 1935 WP(C).No. 4416 of 2014 (B) --------------------------- PETITIONER(S): -------------- E.SMITHA, AGED33YEARS, W/O.K.P.SANTHOSH, LOWER PRIMARY SCHOOL ASSISTANT, AIDED U.P.SCHOOL, MALAPPURAM DISTRICT. BY ADVS.SRI.V.A.MUHAMMED SRI.M.SAJJAD SRI.V.RAJASEKHARAN NAIR RESPONDENT(S): -------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM-695001.
2. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, THIRUVANANTHAPURAM-695014.
3. THE DISTRICT EDUCATIONAL OFFICER DOWN HILL, MALAPPURAM DISTRICT-676519.
4. THE ASSISTANT EDUCATIONAL OFFICER DOWN HILL, MALAPPURAM DISTRICT-676519.
5. THE MANAGER AIDED U.P.SCHOOL, MALAPPURAM-676519. BY GOVERNMENT PLEADER SRI.FAYAZ M.A. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON1302-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 4416 of 2014 (B) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXHIBIT P1 : TRUE COPY OF THE APPOINTMENT ORDER
OF THE PETITIONER DT.12-11-2007 AND APPROVAL THEREOF. EXHIBIT P2 : TRUE COPY OF THE APPOINTMENT ORDER
OF THE PETITIONER DT.2-6-2008 AND APPROVAL THEREOF. EXHIBIT P3 : TRUE COPY OF THE JUDGMENT
IN WPC325752011-V DT.30-11-2012. EXHIBIT P4 : TRUE COPY OF THE ORDER
NO.B1/6978/2013/K.DIS DT.5-10-2013 OF THE3D RESPONDENT. EXHIBIT P5 : TRUE COPY OF THE DECISION REPORTED IN20131) KHC660SC) DT.22-1-2013. EXHIBIT P6 : TRUE COPY OF THE DECISION REPORTED IN20134) KLT921DT.1-11-2013. EXHIBIT P7 : TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DT.5-1-2014. RESPONDENT(S)' EXHIBITS : NIL ----------------------- /TRUE COPY/ P. A. TO JUDGE Pn C.K. ABDUL REHIM, J.
------------------------------------ W.P.(C). No. 4416 of 2014 --------------------------------------------------- Dated this the 13th day of February, 2014 JUDGMENT
Petitioner's appointment as LPSA at the 5th respondent's School from 12.11.2007 onwards was approved only on daily wage basis up to 31.03.2008. This was challenged in a writ petition filed before this court, WP(C) No. 32575/2011. By virtue of Ext.P3 judgment the said writ petition was allowed and it was directed to approve the appointment on regular basis from 12.11.2007, subject to obtaining an undertaking from the petitioner that she will be liable to reimburse the salary, if the hon'ble Supreme Court allows the Special Leave Petition filed by the State Government on the question of eligibility of regular service for the disputed period. The hon'ble Supreme Court in its decision reported in State of Kerala and Others V. Sneha Cheriyan and Another 2013 (1) KHC660(SC) found that appointments made against the vacancies which arose due to death, retirement, promotion, resignation, long term leave etc. of regular candidates which is extending for a period beyond one academic year has to be approved on a regular basis, subject to conditions under Rule 49 of Chapter XVIA of KER. But the 3rd respondent in Ext.P4 W.P.(C). No. 4416 of 2014 -2- had informed that the appointment of the petitioner from 12.11.2007 cannot be approved on regular basis, because the hon'ble Supreme Court in Sneha Cheriyan's case (supra) had allowed the Special Leave Petition filed by the State Government.
2. According to the petitioner, the impugned decision is taken against the dictum laid by the hon'ble Supreme Court in Sneha Cheriyan's case. The petitioner further points out that this court in the judgment in Nair Service Society V. State of Kerala (2013 (4) KLT921 had already set aside G.O.(P) No. 144/2013/G.Edn. dated 22.04.2013 in which the Government took a stand that the appointment made after reopening date even against a regular vacancy covering the vacation can be approved only on daily wage basis. Therefore the contention of the petitioner is that, her appointment for the period from 12.11.2007 to 31.03.2008 is liable to be approved on a regular basis.
3. The petitioner had approached the 1st respondent pointing out the above aspects in a request submitted as per Ext.P7, seeking necessary directions for approval of her service on scale of pay basis with respect to the period in question. This court is of the opinion that a direction to the Government W.P.(C). No. 4416 of 2014 -3- to consider Ext.P7 and to take an appropriate decision on the basis of the principles enunciated by the apex court in Sneha Cheriyan's case, will suffice to meet the ends of justice.
4. Therefore the writ petition is disposed of directing the 1st respondent to consider Ext.P7 and to take an appropriate decision on the request made by the petitioner, if necessary after affording opportunity of personal hearing to the petitioner, at the earliest possible, at any rate within a period of 2 months from the date of receipt of a copy of this judgment. Sd/- C.K. ABDUL REHIM, JUDGE /True copy/ P. A. to Judge Pn