Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 3RD DAY OF APRIL 2025 / 13TH CHAITHRA, 1947 WP(C) NO. 45844 OF 2024 PETITIONERS: 1 ARJUN VASUDEV, AGED 29 YEARS, S/O. V. P. VASUDEVAN (LATE), RESIDING AT SREYAS HOUSE, POYILOOR POST, KANNUR DISTRICT LPSA, SOUTH PATTIAM UP SCHOOL, PATHAYAKUNNU POST, PATTIAM, KANNUR DISTRICT, PIN - 670693
2 LEENA M., AGED 54 YEARS, W/O. BALAKRISHNAN N, LPSA, MUTHIYANGA EAST L.P SCHOOL, MUTHIYANGA POST, KANNUR DISTRICT, PIN - 670691 3 ASHITHA A.P., AGED 36 YEARS, W/O. RAJEESH N. K, UPSA, SOUTH PATTIAM UP SCHOOL, PATHAYAKUNNU POST, PATTIAM, KANNUR DISTRICT, PIN - 670691 4 SHIVI TC, AGED 43 YEARS, W/O. SURESH BABU PK, HINDI TEACHER (FULL-TIME), SOUTH PATTIAM UP SCHOOL, PATHAYAKUNNU POST, PATTIAM, KANNUR DISTRICT, PIN - 670691 5 DEEPA K.M., AGED 46 YEARS, W/O. SANIL KUMAR, LPSA, TRIKKANNAPURAM L.P. SCHOOL, KUTHUPARAMBA POST, KANNUR DISTRICT, PIN - 670643 :2: 6 JYOTSNA P., AGED 40 YEARS, W/O. SAJITH KUMAR K. P, LPSA, MUTHIYANGA EAST L.P. SCHOOL, KOOTERIPOYIL, MUTHIYANGA POST, KANNUR DISTRICT, PIN - 670691 BY ADVS. POOVAMULLE PARAMBIL ABDULKAREEM K.N.KUMARASWAMY SARMA RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 DIRECTOR OF GENERAL EDUCATION, OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANATHAPURAM, PIN - 695014 3 DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KANNUR, PIN - 670002
4 DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THALASSERY, KANNUR DISTRICT, PIN - 670101 5 ASSISTANT EDUCATIONAL OFFICER, OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KUTHUPARAMBA, KANNUR DISTRICT, PIN - 670643 BY ADV. SRI.TONY AUGUSTINE, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: :3:
JUDGMENT
Dated this the 3rd day of April, 2025 The petitioners state that they are Teachers working in different Primary Schools as LPSAs and UPSA under the jurisdiction of the 5th respondent-Assistant Educational Officer. They were appointed in the regular established vacancies but their appointments were initially approved on daily wage basis as their School being uneconomic.
2. Later, when the School became economic, the
5th respondent granted approval on Scale of Pay to the petitioners with effect from 01.06.2022 onwards. However, it is ordered in those approval orders that their arrears of salary should be deposited in the Provident Fund account. It is also ordered that they should refund the entire daily wage amount :4: which already they received during the period of their service from 01.06.2022 onwards so as to credit their arrears of salary into their PF account. Such condition in the approval orders are illegal and unsustainable and liable to be interfered with, contend the petitioners.
3. I have heard the learned counsel for the petitioners and the learned Government pleader representing the respondents.
4. This Court considered the similar issue in Exts.P15 and P16 judgments. In Ext.P15 judgment in W.P.(C) No.5940 of 2024, this Court held as follows:
“After considering all the relevant aspects, I am of the view that in the light of the stand taken by the 4th respondent in the counter affidavits filed in these writ petitions, these writ petitions can be disposed of. Accordingly, it is ordered that the Assistant Educational Officer, Thalassery North and Assistant Educational Officer, Koothuparamba are directed to deposit the arrears of salary as ordered above in the respective Provident Fund accounts of the :5:
petitioners within a period of one month from the date of receipt of a copy of this judgment.”
5. By Ext.P16 judgment in W.P.(C) No.32107 of
2024, this Court disposed of similar writ petition directing the respondents to ensure that the arrears of salary of the petitioners therein are deposited in Provident Fund account after adjusting the amounts already received by the petitioner as daily wages.
6. Considering the fact that the petitioners are
similarly situated like the petitioners in Exts.P15 and P16 judgments, I am of the view that the writ petition can be disposed of with similar directions. The writ petition is accordingly disposed of directing the 5th respondent to ensure that the arrears of salary of the petitioners are deposited in their Provident Fund account after adjusting the amounts already received by them as daily wages :6: during the relevant periods. This shall be done within a period of three months from the date of receipt of copy of this judgment. The question of payment of interest is left open. Sd/- N. NAGARESH JUDGE SR :7: APPENDIX OF WP(C) 45844/2024 PETITIONERS' EXHIBITS:
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER
DATED 06/06/2019 ISSUED BY THE MANAGER OF THE SCHOOL Exhibit P2 TRUE COPY OF THE ORDER NO. E/5903/2019 DATED 23/12/2019 ISSUED BY THE 5TH Exhibit P3 TRUE COPY OF THE ORDER NO. E/57379/2023 DATED 20/07/2024 ISSUED BY THE 5TH
Exhibit P4 TRUE COPY OF THE APPOINTMENT ORDER
DATED 01/06/2011 OF 2ND PETITIONER Exhibit P5 TRUE COPY OF THE ORDER NO. C/135116/2023 DATED 26/06/2023 ISSUED
Exhibit P6 TRUE COPY OF THE APPOINTMENT ORDER
DATED 01/06/2017 OF THE 3RD PETITIONER Exhibit P7 TRUE COPY OF THE ORDER NO. E/135206/2023 DATED 19/07/2023 ISSUED
Exhibit P8 TRUE COPY OF THE APPOINTMENT ORDER
DATED 06/06/2019 OF THE 4TH PETITIONER Exhibit P9 TRUE COPY OF THE ORDER NO. E/5906/2019 DATED 02/12/2019 ISSUED BY THE 5TH Exhibit P10 TRUE COPY OF THE ORDER NO. :8: E/711843/2024 DATED 05/03/2024 ISSUED
Exhibit P11 TRUE COPY OF THE APPOINTMENT ORDER
DATED 02/06/2014 ISSUED BY THE MANAGER OF THE SCHOOL Exhibit P12 TRUE COPY OF THE ORDER NO. B/36564/2022 DATED 21/06/2023 ISSUED BY THE 5TH
Exhibit P13 TRUE COPY OF THE APPOINTMENT ORDER
DATED 02/06/2014 OF 6TH PETITIONER Exhibit P14 TRUE COPY OF THE ORDER NO. C/135117/2023 DATED 26/06/2023 ISSUED Exhibit P15 TRUE COPY OF THE JUDGMENT DATED BY THIS HON’BLE COURT Exhibit P16 TRUE COPY OF THE JUDGMENT DATED BY THIS HON’BLE COURT.