Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY,THE2D DAY OF SEPTEMBER201511TH BHADRA, 1937 W.P.(C).No.24720 of 2015 (L) -------------------------------------------------- PETITIONER(S):- -------------------------- 1. SAJEESH.S., HIGHER SECONDARY SCHOOL TEACHER (JR.) (BOTANY), KARIYAD NAMBIAR'S HIGHER SECONDARY SCHOOL, KARIYAD SOUTH PO, THALASSERY, KANNUR DISTRICT.
2. JIJESH.I.V., HIGHER SECONDARY SCHOOL TEACHER (PHYSICS ), KARIYAD NAMBIAR'S HIGHER SECONDARY SCHOOL, KARIYAD SOUTH PO, THALASSERY, KANNUR DISTRICT.
3. KAILAS.B., HIGHER SECONDARY SCHOOL TEACHER (ENGLISH), KARIYAD NAMBIAR'S HIGHER SECONDARY SCHOOL, KARIYAD SOUTH PO, THALASSERY, KANNUR DISTRICT.
4. HAREESH.K., HIGHER SECONDARY SCHOOL TEACHER (MAHTEMATICS), KARIYAD NAMBIAR'S HIGHER SECONDARY SCHOOL, KARIYAD SOUTH PO, THALASSERY, KANNUR DISTRICT.
5. VIBINLAL.C.H., HIGHER SECONDARY SCHOOL TEACHER (GEOGRAPHY), KARIYAD NAMBIAR'S HIGHER SECONDARY SCHOOL, KARIYAD SOUTH PO, THALASSERY, KANNUR DISTRICT.
6. DHANYA.M., HIGHER SECONDARY SCHOOL TEACHER (JR.) (ZOOLOGY), KARIYAD NAMBIAR'S HIGHER SECONDARY SCHOOL KARIYAD SOUTH PO, THALASSERY, KANNUR DISTRICT.
7. ANEESH.S., HIGHER SECONDARY SCHOOL TEACHER (HISTORY), KARIYAD NAMBIAR'S HIGHER SECONDARY SCHOOL KARIYAD SOUTH PO, THALASSERY, KANNUR DISTRICT. W.P.(C).NO.24720 OF2015- 2 - 8. DHANYA T.V., HIGHER SECONDARY SCHOOL TEACHER (ECONOMICS), KARIYAD NAMBIAR'S HIGHER SECONDARY SCHOOL, KARIYAD SOUTH PO, THALASSERY, KANNUR DISTRICT.
9. MANJULA.E., HIGHER SECONDARY SCHOOL TEACHER(JR.) (HINDI), KARIYAD NAMBIAR'S HIGHER SECONDARY SCHOOL, KARIYAD SOUTH PO, THALASSERY, KANNUR DISTRICT.
10. SRUTHI.S HIGHER SECONDARY SCHOOL TEACHER (CHEMISTRY), KARIYAD NAMBIAR'S HIGHER SECONDARY SCHOOL, KARIYAD SOUTH PO, THALASSERY, KANNUR DISTRICT.
11. SABHITH. P.K., HIGHER SECONDARY SCHOOL TEACHER (MALAYALAM), KARIYAD NAMBIAR'S HIGHER SECONDARY SCHOOL, KARIYAD SOUTH PO, THALASSERY, KANNUR DISTRICT.
12. SMIJA. P.S., HIGHER SECONDARY SCHOOL TEACHER (COMMERCE), SEVAMANDIR POST BASIC HIGHER SECONDARY SCHOOL, RAMANATTUKARA, RAMANATTUKARA PO, KOZHIKODE DISTRICT.
13. ANISH KUNNATH, HIGHER SECONDARY SCHOOL TEACHER (MATHEMATICS), SEVAMANDIR POST BASIC HIGHER SECONDARY SCHOOL, RAMANATTUKARA, RAMANATTUKARA PO, KOZHIKODE DISTRICT.
14. SANTHOSH KUMAR. K.V., HIGHER SECONDARY SCHOOL TEACHER (MATHEMATICS), SEVAMANDIR POST BASIC HIGHER SECONDARY SCHOOL, RAMANATTUKARA, RAMANATTUKARA PO, KOZHIKODE DISTRICT. BY ADVS.SRI.K.T.SHYAMKUMAR SRI.HARISH R. MENON. RESPONDENT(S):- ---------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. PIN - 695 001.
2. DIRECTOR FO HIGHER SECONDARY EDUCATION SANTHI NAGER, THIRUVANANTHAPURAM, PIN - 695 001.
3. REGIONAL DEPUTY DIRECTOR OF EDUCATION, HIGHER SECONDARY EDUCATION, REGIONAL OFFICE, KANNUR, PIN - 670 001. W.P.(C).NO.24720 OF2015- 3 - 4. REGIONAL DEPUTY DIRECTOR OF EDUCATION, HIHGER SECONDARY EDUCATION, REGIONAL OFFICE, KOZHIKODE, PIN - 673 001. R1 TO R4 BY GOVERNMENT PLEADER SMT.M.J.RAJASREE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON0209-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- WP(C).No.24720 of 2015 (L) ---------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:- --------------------------------------- EXT.P1- A TRUE COPY OF THE GO (MS)NO.211/2011 DATED2410/11. EXT.P2- A TRUE COPY OF THE CIRUCLAR NO. ACD-B5/47005/HSE/10 DATED1511.2011. EXT.P3- TRUE COPY OF THE ORDER
NO A4/13990(7)/2011 DATED2210.2012 APPROVING THE APPOINTMENT OF THE1T PETITIONER. EXT.P4- TRUE COPY OF THE ORDER
NO.A4/13990/2011(3) DATED228.2012 APPROVING THE APPOINTMENT OF THE2D PETITIONER. EXT.P5- TRUE COPY OF THE ORDER
NO.A4/13990/2011 (5) DATED228.2012 APPROVING THE APPOINTMENT OF THE3D PETITIONER. EXT.P6- TRUE COPY OF THE ORDER
NO.A4/13990/2011(1) DATED228.2012 APPROVING THE APPOINTMENT OF THE4H PETITIONER. EXT.P7- TRUE COPY OF THE ORDER
NO.A4/13990/2011(1) DATED228.2012 APPROVING THE APPOINTMENT OF THE5H PETITIONER. EXT.P8- TRUE COPY OF THE ORDER
NO.A4/13990/2011(2) DATED228.2012 APPROVING THE APPOINTMENT OF THE6H PETITIONER. EXT.P9- TRUE COPY OF THE ORDER
NO.A4/13990/2011 DATED245.2012 APPROVING THE APPOINTMENT OF THE7H PETITIONER. EXT.P10- TRUE COPY OF THE ORDER
NO.A4/13990/2011(4) DATED228.2012 APPROVING THE APPOINTMENT OF THE8H PETITIONER. EXT.P11- TRUE COPY OF THE ORDER
NO.A4/13990/2011(6) DATED228.2012 APPROVING THE APPOINTMENT OF THE9H PETITIONER. EXT.P12- TRUE COPY OF THE ORDER
NO.A4/13990/2011(8) DATED191.2013 APPROVING THE APPOINTMENT OF THE10H PETITIONER. EXT.P13- TRUE COPY OF THE ORDER
NO.A4/13990/2011 DATED245.2012 APPROVING THE APPOINTMENT OF THE11H PETITIONER. W.P.(C).NO.24720 OF2015- 2 - EXT.P14- TRUE COPY OF THE ORDER
NO.A5/14004/2011/HSE(3) DATED1607.2012 APPROVING THE APPOINTMENT OF THE12H PETITIONER. EXT.P15- TRUE COPY OF THE ORDER
NO.A5/14004/2011/HSE(2) DATED1607.2012 APPROVING THE APPOINTMENT OF THE13H PETITIONER. EXT.P16- TRUE COPY OF THE ORDER
NO.A5/14004/2011 DATED1607.2012 APPROVING THE APPOINTMENT OF THE14H PETITIONER. EXT.P17- TRUE COPY OF THE GOVERNMENT ORDER
NO.G.O(MS) NO.126/1992/G/.EDN, DATED176.1992. EXT.P18- A TRUE COPY OF THE COMMUNICATION NO.ACD C3/53830/HSE/2013 DATED1912.2013. EXT.P19- A TRUE COPY FO THE ORDER
NO. A3/12735/2011 DATED194.2012. EXT.P20- TRUE COPY OF THE JUDGMENT
DATED412.2014 IN WP(C) NO.15651/2014. EXT.P21- TRUE COPY FO THE GOVERNMENT ORDER
DATED33.2015. EXT.P22- TRUE COPY OF THE ORDER
DATED215.2015 ISSUED BY THE2D RESPONDENT. RESPONDENT(S)' EXHIBITS:- ----------------------------------------- NIL. Vku/- [ true copy ] K. Vinod Chandran, J --------------------------------------- W.P.(C).No.24720 of 2015-L --------------------------------------- Dated this the 02nd day of September, 2015 JUDGMENT
The issue raised in the above writ petition with respect to eligibility for vacation salary is squarely covered by the decision of this Court in Exhibit P20, wherein it was held so:- "5. On a consideration of the facts and circumstances of the case as also the submissions made across the Bar, I find that in the orders issued by the 3rd respondent, approving the appointments of the petitioners to posts of HSST Junior in the respective Colleges, there is a condition inserted which qualified their approval by stating that the petitioners would not be entitled to vacation salary in the year of their appointment. The orders passed by the 3rd respondent would indicate that the stand taken by the 3rd respondent was on account of Rule 49 of Chapter XIVA of KER which deals with the non- payment of vacation salary to teachers appointed in terms of that Chapter under certain specified circumstances. While no provision has been brought to my notice that would suggest that there is a similar Rule applicable in respect of persons appointed as HSSTs in Higher Secondary Schools covered by Chapter XXXII of the KER, I note that by way of Ext.P22 order of the Government and Ext.P23 clarification issued by the Directorate of Higher WP(C).No.24720 of 2015 - 2 - Secondary Education, it has been made clear that persons such as the petitioners, who were appointed to permanent vacancies in Higher Secondary Schools, would be entitled to vacation salary so long as the appointment persisted even for the period subsequent to 31st March of the calender year. In the light of Ext.P23 clarification, I do not see any reason why the petitioners should be denied the benefit of vacation salary, more so when there is no statutory provision that is brought to my notice which would indicate that the petitioners are not entitled to such vacation salary. It might also be relevant to refer to the judgment of the Division Bench of this Court in Pathanapuram Taluk Samajam Corporate Management Schools v. Sreelatha [2006 (3) KLT867, which was rendered in the context of a case where the applicability of Rule 51B of Chapter XIVA of the KER to appointments effected under Chapter XXXII of the KER, came up for consideration, and it was held that unless a similar provision, as contained in Rule 51B, was incorporated in Chapter XXXII, it was not possible to contend that the benefits of employment assistance available to dependents of aided High School and Primary School teachers could be extended to vacancies available in Higher Secondary Section. Drawing analogy from the said decision, and also noticing that there is no provision similar to Rule 49A of Chapter XIVA in Chapter XXXII of the KER, I am of the view that the condition impugned in the orders passed by the 3rd respondent WP(C).No.24720 of 2015 - 3 - cannot be legally sustained. Accordingly, I quash Exts.P3 to P21 in W.P.(C).No.15651/2014 and Exts.P3 and P4 in W.P.(C).No.11048/2014, to the extent they impose a condition that the candidate in question is not entitled to vacation salary in the year 2012 in terms of Rule 49 of Chapter XIVA of the KER. The respondents shall take immediate steps to disburse the vacation salary that is due and payable to the petitioners in the writ petitions within a period of three months from the date of receipt of copy of this judgment".
2. Accordingly, the above writ petition would stand allowed. The conditions in Exhibits P3 to P16 that the respective petitioners would not be entitled to salary during vacation of the year 2012 would stand set aside. The directions in the afore-cited judgment shall apply to the petitioners herein also. Sd/- K.Vinod Chandran Judge. vku/- [ true copy ]