High Court of KeralaSingle Judge2015-09-02Writ petition allowed; conditional denials of v...

IN THE HIGH COURT OF KERALA AT ERNAKULAM

Case / Petition Number:W.P.(C).No.24720 of 2015 (L)

Neutral Citation:/

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: K. Vinod Chandran
Judgment Date: 2015-09-02
Court Decision / Holding: The writ petition is allowed. The court quashed the conditional denials in Exts. P3-P21 (and Exts. P3-P4 in the related writ) to the extent they deny vacation salary in the year 2012, holding that petitioners in permanent vacancies under XXXII are entitled to vacation salary so long as their appointment persists beyond March 31 of the calendar year. Respondents are directed to disburse the vacation salary due within three months from receipt of copy of the judgment. The decision references Exhibit P20 and the Pathanapuram Taluk Samajam decision to justify the entitlement and aligns with the clarifications in Exts. P22-P23.
Final Disposition: Writ petition allowed; conditional denials of vacation salary quashed; direction to pay vacation salary within three months; clarifies entitlement under XXXII of KER and relevant government orders/clarifications.

Parties to the Case

Appellants / Petitioners

SAJEESH.S.
JIJESH.I.V.
KAILAS.B.
HAREESH.K.
VIBINLAL.C.H.
DHANYA.M.
ANEESH.S.
DHANYA T.V.
MANJULA.E.
SRUTHI.S
SABHITH. P.K.
SMIJA. P.S.
ANISH KUNNATH
SANTHOSH KUMAR. K.V.

Respondents

STATE OF KERALA, represented by its Secretary to Government, General Education Department, Government Secretariat, Thiruvananthapuram
DIRECTOR OF HIGHER SECONDARY EDUCATION, SANTHI NAGER, THIRUVANANTHAPURAM
REGIONAL DEPUTY DIRECTOR OF EDUCATION, HIGHER SECONDARY EDUCATION, REGIONAL OFFICE, KANNUR
REGIONAL DEPUTY DIRECTOR OF EDUCATION, HIGHER SECONDARY EDUCATION, REGIONAL OFFICE, KOZHIKODE

Legal Representation & Advocates

Counsels for Petitioners

• Sri K.T. Shyamkumar
• Sri Harish R. Menon

Counsels for Respondents

• SMT. M.J. Rajasree

Case Synopsis & Summary

This writ petition challenges the eligibility for vacation salary of fourteen teachers appointed to permanent vacancies in Higher Secondary Schools under the Kerala Education Rules (KER). The petitioners, HSSTs in various subjects, were issued appointments in 2011-2012. The respondents imposed a condition in their appointment orders—per Exts. P3-P16—stating that the petitioners would not be entitled to vacation salary in the year of their appointment, citing Rule 49 of Chapter XIVA of the KER. The petitioners argued that there is no corresponding provision in Chapter XXXII of the KER to deny vacation salary, and relied on Exts. P22-P23 (government order and directorate clarification) indicating they would be entitled to vacation salary so long as their appointment persisted beyond March 31 of the calendar year. The court noted Exhibit P20 (the Court’s earlier decision) and the Division Bench ruling in Pathanapuram Taluk Samajam Corporate Management Schools v. Sreelatha (2006 (3) KLT 867), using these authorities to hold that the conditional denial cannot be legally sustained absent a similar provision in Chapter XXXII. Accordingly, Exts. P3-P21 (and Exts. P3-P4 in another writ) are quashed to the extent they deny vacation salary for 2012. The petition is allowed; respondents are directed to disburse the due vacation salary within three months. The decision aligns with Exhibit P20 and clarifies the entitlement for vacation salary.

Provisions of Law Cited

Rule 49 of Chapter XIVA, Kerala Education Rules (KER)Rule 51B of Chapter XIVA, Kerala Education Rules (KER)Rule 49A of Chapter XIVA, Kerala Education Rules (KER)Chapter XXXII, Kerala Education Rules (KER)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that their appointments to permanent vacancies under Chapter XXXII of the Kerala Education Rules entitle them to vacation salary in 2012. They challenge the conditional denial imposed by the 3rd respondent (Exts. P3-P16) based on Rule 49 of Chapter XIVA, arguing there is no corresponding provision in Chapter XXXII to withhold such salary. They rely on Exts. P22-P23 clarifications, which state that vacation salary should be paid so long as the appointment persists beyond March 31, 2012. They invoke Exhibit P20 (the Court’s earlier decision) and the Pathanapuram Taluk Samajam decision to argue that denial is unsustainable where similar provisions do not exist in XXXII.

Contentions of Respondents

The respondents defend the denial by invoking Rule 49 of Chapter XIVA as a controlling provision and argue that there is no Rule 49A in XXXII. They rely on Exts. P22-P23 clarifications, which also indicate a framework for entitlement under certain conditions, and contend that the existing orders (Exts. P3-P16) reflected legitimate regulatory action based on the rules in Chapter XIVA and policy clarifications.

Cited Precedents (2)

Case Name	Citation	Treatment	Explanation
Pathanapuram Taluk Samajam Corporate Management Schools v. Sreelatha	2006 (3) KLT 867	Positive	Cited to support that benefits available under XXXII require similar provisions; used to negate the blanket denial of vacation salary where XXXII lacks a comparable provision.
Decision of this Court in WP(C).No.15651/2014 (Exhibit P20)	WP(C) No.15651/2014	Positive	Used to establish that petitioners in similar circumstances are entitled to vacation salary; the present case applies that reasoning.

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Extracted Judgment Text

Exact text extracted from official judgment records.

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 2ND DAY OF SEPTEMBER 2015/11TH 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. - 2 - W.P.(C).NO.24720 OF 2015 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 OF 2015 - 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 ON 02-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- WP(C).No.24720 of 2015 (L) ---------------------------------------- ## **APPENDIX** |**APPENDIX**|**APPENDIX**| |---|---| |PETITIONER(S)' EXHIBITS:-|| |---------------------------------------|| |EXT.P1-|A TRUE COPY OF THE GO (MS)NO.211/2011 DATED 24/10/11.| |EXT.P2-|A TRUE COPY OF THE CIRUCLAR NO. ACD-B5/47005/HSE/10| ||DATED 15.11.2011.| |EXT.P3-|TRUE COPY OF THE ORDER NO A4/13990(7)/2011| ||DATED 22.10.2012 APPROVING THE APPOINTMENT OF THE| ||1ST PETITIONER.| |EXT.P4-|TRUE COPY OF THE ORDER NO.A4/13990/2011(3)| ||DATED 22.8.2012 APPROVING THE APPOINTMENT OF THE| ||2ND PETITIONER.| |EXT.P5-|TRUE COPY OF THE ORDER NO.A4/13990/2011 (5)| ||DATED 22.8.2012 APPROVING THE APPOINTMENT OF THE| ||3RD PETITIONER.| |EXT.P6-|TRUE COPY OF THE ORDER NO.A4/13990/2011(1)| ||DATED 22.8.2012 APPROVING THE APPOINTMENT OF THE| ||4TH PETITIONER.| |EXT.P7-|TRUE COPY OF THE ORDER NO.A4/13990/2011(1)| ||DATED 22.8.2012 APPROVING THE APPOINTMENT OF THE| ||5TH PETITIONER.| |EXT.P8-|TRUE COPY OF THE ORDER NO.A4/13990/2011(2)| ||DATED 22.8.2012 APPROVING THE APPOINTMENT OF THE| ||6TH PETITIONER.| |EXT.P9-|TRUE COPY OF THE ORDER NO.A4/13990/2011 DATED 24.5.2012| ||APPROVING THE APPOINTMENT OF THE 7TH PETITIONER.| |EXT.P10-|TRUE COPY OF THE ORDER NO.A4/13990/2011(4)| ||DATED 22.8.2012 APPROVING THE APPOINTMENT OF THE| ||8TH PETITIONER.| |EXT.P11-|TRUE COPY OF THE ORDER NO.A4/13990/2011(6)| ||DATED 22.8.2012 APPROVING THE APPOINTMENT OF THE| ||9TH PETITIONER.| |EXT.P12-|TRUE COPY OF THE ORDER NO.A4/13990/2011(8)| ||DATED 19.1.2013 APPROVING THE APPOINTMENT OF THE| ||10TH PETITIONER.| |EXT.P13-|TRUE COPY OF THE ORDER NO.A4/13990/2011 DATED 24.5.2012| ||APPROVING THE APPOINTMENT OF THE 11TH PETITIONER.| - 2 - W.P.(C).NO.24720 OF 2015 EXT.P14TRUE COPY OF THE ORDER NO.A5/14004/2011/HSE(3) DATED 16.07.2012 APPROVING THE APPOINTMENT OF THE 12TH PETITIONER. EXT.P15TRUE COPY OF THE ORDER NO.A5/14004/2011/HSE(2) DATED 16.07.2012 APPROVING THE APPOINTMENT OF THE 13TH PETITIONER. EXT.P16TRUE COPY OF THE ORDER NO.A5/14004/2011 DATED 16.07.2012 APPROVING THE APPOINTMENT OF THE 14TH PETITIONER. EXT.P17TRUE COPY OF THE GOVERNMENT ORDER NO.G.O(MS) NO.126/1992/G/.EDN, DATED 17.6.1992. EXT.P18A TRUE COPY OF THE COMMUNICATION NO.ACD C3/53830/HSE/2013 DATED 19.12.2013. EXT.P19A TRUE COPY FO THE ORDER NO. A3/12735/2011 DATED 19.4.2012. EXT.P20TRUE COPY OF THE JUDGMENT DATED 4.12.2014 IN WP(C) NO.15651/2014. - EXT.P21TRUE COPY FO THE GOVERNMENT ORDER DATED 3.3.2015. EXT.P22TRUE COPY OF THE ORDER DATED 21.5.2015 ISSUED BY THE 2ND RESPONDENT. RESPONDENT(S)' EXHIBITS:- ----------------------------------------NIL. Vku/- [ true copy ] ## K. Vinod Chandran, J --------------------------------------- W.P.(C).No.24720 of 2015-L --------------------------------------Dated this the 02[nd] 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 3[rd] 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 3[rd] respondent would indicate that the stand taken by the 3[rd] respondent was on account of Rule 49 of Chapter XIVA of KER which deals with the nonpayment 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 31[st] 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) KLT 867],** 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 3[rd] 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 ]