Dinasree P M v. State of Kerala and others

WP(C) NO. 15164 OF 2023 1 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **FRIDAY, THE 9[TH] DAY OF JUNE 2023 / 19TH JYAISHTA, 1945** **WP(C) NO. 15164 OF 2023** ## **PETITIONER/S:** DINASREE P M AGED 31 YEARS W/O. REJESH P M, UPST, KAVUMBHAGAM SOUTH UP SCHOOL, KAVUMBHAGAM POST, KANNUR DISTRICT, PIN - 670649 BY ADVS. POOVAMULLE PARAMBIL ABDULKAREEM K.N.KUMARASWAMY SARMA ## **RESPONDENT/S:** 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, JAGATHI, THIRUVANANTHAPURAM - 695014., PIN - 695014 3 ASSISTANT EDUCATIONAL OFFICER OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, THALASSERY NORTH, KANNUR DISTRICT, PIN - 670101 4 MANAGER KAVUMBHAGAM SOUTH UP SCHOOL, PO KAVUMBHAGAM, PO, KANNUR DISTRICT, PIN - 670649 5 HEADMISTRESS KAVUMBHAGAM SOUTH UP SCHOOL, PO KAVUMBHAGAM, PO, KANNUR DISTRICT, PIN - 670649 WP(C) NO. 15164 OF 2023 2 ## **OTHER PRESENT:** SURYA BINOY, GP. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 15164 OF 2023 3 ## **P.V.KUNHIKRISHNAN, J** ## **--------------------------------------W.P.(C.) No. 15164 of 2023 -------------------------------------Dated this the 9[th] day of June, 2023** ## **JUDGMENT** ## The above writ petition is filed with following prayers : _“i. To issue a writ of certiorari to quash Ext.P2 and to the extent of denial of approval in the scale of pay in Ext.P1 appointment order, as they are illegal and unjustifiable._ _ii. To issue a writ of mandamus or any other appropriate writ order or direction directing the 3[rd] respondent to issue formal orders of approval based on the Ext.P7 approval in Samanwaya and to release the salary due to the petitioner in the light of Ext.P8 judgment forthwith._ _iii. To declare that the petitioner is entitled to get approval as UPST in the scale of pay from the academic year 2020-21 onwards as the total effective strength is increased to 116 which is sufficient to grant approval in the scale of pay to the petitioner as per Ext.P4 circular._ _iv. To dispense with filing of English translation of vernacular documents produced._ _v. To grant such other relief which this Hon'ble Court deems fit and necessary in the interest of justice.” [SIC]_ ## 2. The petitioner is working as UPST Kavumbhagam WP(C) NO. 15164 OF 2023 4 South UP School from 06.06.2019 onwards. The petitioner is aggrieved by Ext.P2 to the extent of denial of approval in the scale of pay in Ext.P1 appointment order. At the time of appointment of the petitioner, the school was uneconomic and the appointment was rejected saying that the appointment from 2019-20 has to be submitted for approval through SAMANWAYA Portal and as there is no approved Manager in the school, the appointment of the petitioner can be considered only when the appointment of the 4[th] respondent is duly approved. Thereafter, the appointment of the 4[th] respondent as the Manager of the school has been approved with retrospective effect and the school also became economic from the year 2021 onwards. As per Ext.P4 circular, it is submitted that there is a clarification to the effect that sanctioning of minimum strength of teachers in an uneconomic school having division I to VII, the required strength of students would be 105. It is also submitted that from 01.06.2020 onwards, the total effective strength of students is increased to 116 and in subsequent years, 139 and 156 respectively. Therefore, the WP(C) NO. 15164 OF 2023 5 appointment of the petitioner is liable to be approved from 01.06.2020 onwards in the scale of pay is the submission. Though the petitioner approached the 3[rd] respondent to get her appointment approved in the scale of pay in view of the increase in the roll strength, the same was not considered saying that no staff fixation order for the year 2020-21 was issued in the school. However, in the year 2022-23, the 3[rd] respondent issued Ext.P5 staff fixation order and the 4[th] respondent submitted fresh proposal through SAMANWAYA for approval. Though her appointment was approved in SAMANWAYA as evident by Ext.P7 her salary was not disbursed till date. Aggrieved by the same, this writ petition is filed. The counsel for the petitioner submitted that in similar situation, this Court issued directions in Ext.P8 judgment. Hence, this writ petition. 3. Heard the learned counsel for the petitioner and the learned Government Pleader. 4. After hearing both sides, I am of the considered opinion that the point raised by the petitioner is covered in WP(C) NO. 15164 OF 2023 6 favour of the petitioner in Ext.P8 judgment. In similar situation, this Court passed the following order in Ext.P8 judgment. It will be better to extract the relevant portion of the above judgment. _“2. The petitioners were appointed as Upper Primary School Teacher against the retirement vacancies. Their appointment papers were uploaded through SAMANWAYA portal in time. As per the entries in the SAMANWAYA portal, their approval is already granted by the Assistant Educational Officer. But hard copies of the proceedings were not generated. It is stated that the same is not generated because the approval is granted when a stay order of this Court in WP(C) No.19808 of 2021 was in force. But admittedly, that writ petition itself was disposed of with an observation that the approval already granted need not be unsettled. In such circumstances, I think the stand of the respondents cannot be accepted. In the same line, this Court disposed of several writ petitions. Ext.P4 is the judgment in an identical matter. Hence, this writ petition is to be allowed. “_ I think a similar order can be passed in this case also. Therefore, this writ petition is allowed in the following manner : 1) It is declared that the petitioner is entitled to get salary WP(C) NO. 15164 OF 2023 7 and other allowances based on Ext.P7 approval order. - 2) There will be a direction to the respondent Nos. 3 and 5 to take necessary steps to release salary and other allowances due to the petitioner as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment. - 3) The petitioner will produce a certified copy of this judgment along with a copy of this writ petition before the respondents 3 and 5 for compliance. - 4) All other contentions of the petitioner are left open. **Sd/P.V.KUNHIKRISHNAN JUDGE** SKS WP(C) NO. 15164 OF 2023 8 ## **APPENDIX OF WP(C) 15164/2023** PETITIONER EXHIBITS |Exhibit P1|TRUE COPY OF THE APPOINTMENT ORDER DATED| |---|---| ||06/06/2019 ISSUED BY THE 4TH RESPONDENT| |Exhibit P2|TRUE COPY OF THE ORDER| ||NO.B/2444/2019/L.DIS. DATED 22/06/2019| ||ISSUED BY THE 3RD RESPONDENT| |Exhibit P3|TRUE COPY OF THE STATEMENTS ISSUED BY THE| ||5TH RESPONDENT IN JUNE 2020, IN JUNE 2021| ||AND IN JUNE 2022| |Exhibit P4|TRUE COPY OF THE CIRCULAR| ||NO.58604/J2/12/GEDN DATED 06/11/2012| ||ISSUED BY THE 1ST RESPONDENT| |Exhibit P5|TRUE COPY OF THE STAFF FIXATION ORDER| ||NO.D.DIS. B/45099/2022 DATED 20/08/2022| ||FOR THE YEAR 2022-23 ISSUED BY THE 3RD| ||RESPONDENT| |Exhibit P6|TRUE COPY OF THE APPLICATION FOR| ||APPOINTMENT APPROVAL DATED NIL SUBMITTED| ||BY THE 4TH RESPONDENT THROUGH SAMANWAYA| |Exhibit P7|TRUE COPY OF THE APPROVAL ENDORSED IN| ||SAMANWAYA PORTAL| |Exhibit P8|TRUE COPY OF THE JUDGMENT DATED 13/04/2023| ||IN WP(C)NO.13060/2023 ISSUED BY THIS| ||HON'BLE COURT|