High Court of KeralaSingle JudgeWrit petition dismissed by the Single Judge

Indu P.V. v. State of Kerala and others

Case / Petition Number:WP(C).No. 24184 of 2018

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • A. Muhammed Mustaque
Judgment Date
2018-12-10
Court Decision / Holding
Writ petition dismissed.
Final Disposition
Writ petition dismissed by the Single Judge

Parties to the Case

Appellants / Petitioners

  • Indu P.V. w/o Bigesh

Respondents

  • State of Kerala
  • Director of Public Instructions
  • Additional Director (Academic), General Education Department
  • District Educational Officer Kannur
  • Assistant Educational Officer Kannur South, Kannur District
  • The Manager, Attadappa No. II L.P School, Tadappa

Legal Representation & Advocates

Counsels for Petitioners

  • • C. Ajith Kumar

Counsels for Respondents

  • • Sri Nikhil John
  • • S. Gopinathan (SRGP)

Case Synopsis & Summary

Indu P.V., the petitioner, is a lower primary school assistant at Attadappa No. II L.P. School, Kannur, who seeks regular pay scale rather than daily-wage remuneration in a school deemed uneconomic. The impugned order was issued pursuant to directions of this Court in W.P.(C) No. 20269/2017 and rejected the petition on two grounds: (i) the manager failed to appoint a protected teacher, and (ii) the school, being uneconomic, justifies appointment only on daily wages. The Court refers to the Division Bench decision in State of Kerala v. Nadeera (2013 (2) KLT 88 (DB)) to frame the approach, directing that eligibility for regular pay should be examined after considering minimum average student strength and the petitioner’s eligibility for regular appointment against the minimum required staff, even in an uneconomic school. It notes that no list of protected teachers was furnished, undermining the protected-teacher claim. On examining the student strength, the Court finds insufficient enrollment to justify regular pay, thereby upholding the daily-wage arrangement. Consequently, no reason to interfere with the impugned order, and the writ petition is dismissed. The decision cites prior guidance from the cited Division Bench decision to assess eligibility under resource and student-strength constraints in uneconomic institutions.

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that the directions in W.P.(C) No. 20269/2017 require examining eligibility for regular pay in light of minimum averages of students and staff, even in an uneconomic school, and seeks placement on the regular pay scale as a regular teacher. She argues that there is no genuine basis to deny regularization where the school’s student strength and staff requirements meet the threshold, and cites prior orders and the examplary practice of regularization in similar cases.

Contentions of Respondents

The respondents contend that, given the school’s uneconomic status, and the absence of a list of protected teachers, regular appointment cannot be made; the petitioner can only be considered for daily-wage employment. They argue the impugned order appropriately applied policy and directions from the Court, and that regularization is not warranted where student strength is insufficient and financial viability of the school does not support regular appointment.

Cited Precedents (1)

Case NameCitationTreatmentExplanation
State of Kerala v. Nadeera2013 (2) KLT 88 (DB)PositiveThe Division Bench decision is cited as guiding the approach to evaluate eligibility for regular pay based on minimum average student strength and staff requirements, even in uneconomic schools, and is explicitly relied upon to frame the current Court’s direction.

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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 A.MUHAMED MUSTAQUE** **MONDAY ,THE 10TH DAY OF DECEMBER 2018 / 19TH AGRAHAYANA, 1940** **WP(C).No. 24184 of 2018** **PETITIONER: INDU P.V. W/O. BIGESH, AGED 30 YEARS,LOWER PRIMARY SCHOOL ASSISTANT,ATTADAPPA NO. II L.P SCHOOL,ATTADAPPA (P.O), KANNUR 670 006. BY ADV. SRI.C.AJITH KUMAR** ## **RESPONDENTS:** |**1**|**STATE OF KERALA**| |---|---| ||**REPRESENTED BY SECRETARY TO**| ||**GOVERNMENT,GENERAL EDUCATION DEPARTMENT,**| ||**SECRETARIAT,THIRUVANANTHAPURAM 695 001.**| |**2**|**THE DIRECTOR OF PUBLIC INSTRUCTIONS**| ||**JAGATHY, THIRUVANANTHAPURAM 695 001.**| |**3**|**ADDITIONAL DIRECTOR (ACADEMIC),**| ||**GENERAL EDUCATION**| ||**DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM 695**| ||**001.**| |**4**|**THE DISTRICT EDUCATIONAL OFFICER KANNUR 670**| ||**612.**| **WP(C).No. 24184 of 2018** ..2.. |**5**|**THE ASSISTANT EDUCATIONAL OFFICER**| |---|---| ||**KANNUR SOUTH (P.O),CHAKKARAKKAL, KANNUR**| ||**DISTRICT 670 612.**| |**6**|**THE MANAGER**| ||**ATTADAPPA NO. II L.P SCHOOL,TADAPPA**| ||**(P.O),KANNUR 670 006.**| ||**BY ADV. SRI.NIKHIL JOHN**| ||**S.GOPINATHAN SRGP**| **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No. 24184 of 2018** **==> picture [17 x 8] intentionally omitted <==** ## **JUDGMENT** The impugned order is issued pursuant to the directions of this Court in W.P.(C) No.20269/2017. Petitioner's approval for regular scale of pay in an uneconomic school has been rejected on two grounds: (i) the manager failed to appoint a protected teacher, (ii) school being an uneconomic one, the petitioner can be appointed on daily wages. 2. This Court disposed of the writ petition after adverting to the decision of the Division Bench of this Court in _**State of**_ _**Kerala v. Nadeera**_ **[2013 (2) KLT 88 (DB)]** . Taking note of the above, this Court specifically directed that the eligibility of the petitioner therein for appointment in ## **WP(C).No. 24184 of 2018** ..4.. regular scale of pay has to be examined after adverting to minimum average student strength and also eligibility of the petitioner for regular appointment against the minimum required staff even in an uneconomic school. The question of protected teacher does not arise inasmuch as no list was furnished. The question is whether the petitioner is eligible for regular scale of pay. In the impugned order, after taking note of the students' strength it was find clear that the school does not have sufficient students strength and therefore the petitioner can be given approval only on daily wages. 3. Taking note of the fact that the school is an uneconomic one and the petitioner was given approval only on daily wage basis, I ## **WP(C).No. 24184 of 2018** **==> picture [17 x 8] intentionally omitted <==** find no reason to interfere with the impugned order. Accordingly, the writ petition is dismissed. **Sd/-** **A.MUHAMED MUSTAQUE** **JUDGE** PR/10.12.2018 ## **WP(C).No. 24184 of 2018** ..6.. ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 01/12/2008 ISSUED TO THE PETITIONER BY THE 6TH RESPONDENT** - **EXHIBIT P2 TRUE COPY OF THE ORDER NO. B/7363/08.K.DIS DATED 22/12/2008 OF THE 5TH RESPONDENT.** - **EXHIBIT P3 TRUE COPY OF THE ORDER NO. B6/332/09 DATED 27/02/2009 OF THE 4TH RESPONDENT** - **EXHIBIT P4 TRUE COPY OF THE ORDER NO. B3/6315/09 DATED 31/03/2009 OF THE 5TH RESPONDENT** - **EXHIBIT P5 TRUE COPY OF THE ORDER NO. G4/77951/09/DPI/K.DIS DATED 09/03/2010 OF THE 3RD RESPONDENT** - **EXHIBIT P6 TRUE COPY OF THE RELEVANT PAGES OF THE LIST OF EXCESS TEACHERS WORKING WITHOUT SALARY, WHICH INCLUDES THE NAME OF THE PETITIONER** - **EXHIBIT P7 TRUE COPY OF THE ORDER NO. B/5401/2011/K.DIS DATED 08/12/2011 OF THE 5THR RESPONDENT** - **EXHIBIT P8 TRUE COPY OF THE ORDER NO. B6/11262/11/K.DIS DATED 28/03/2012 OF THE 4TH RESPONDENT WITH TYPED COPY** **EXHIBIT P9 TRUE COPY OF THE ORDER NO. G4/62541/2006/DPI/K.DIS DATED 25/10/2012 OF THE 2ND RESPONDENT APPROVING THE TRANSFER OF MANAGEMENT OF 6TH RESPONDENT SCHOOL** ## **WP(C).No. 24184 of 2018** ..7.. - **EXHIBIT P10 TRUE COPY OF THE ORDER NO. B/192/2012/K.DIS DATED 24/11/2012 OF THE 5TH RESPONDENT.** - **EXHIBIT P11 TRUE COPY OF THE APPEAL DATED 06/12/2012 SUBMITTED BY THE 6TH RESPONDENT BEFORE THE 2ND RESPONDENT** - **EXHIBIT P12 TRUE COPY OF ORDER NO. G4/3464/2013/DPI/K.DIS DATED 08/02/2013 OF THE 3RD RESPONDENT** - **EXHIBIT P13 TRUE COPY OF ORDER NO. G4/18509/2013/DPI/K.DIS DATED 15/04/2013 OF THE 3RD RESPONDENT** - **EXHIBIT P14 TRUE COPY OF THE APPEAL DATED 08/05/2013 PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.** - **EXHIBIT P15 TRUE COPY OF G.O(RT) NO. 4470/2014/G.EDN DATED 24/10/2014 OF THE 1ST RESPONDENT** - **EXHIBIT P16 TRUE COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT IN W.P(C) NO. 20269/2017** - **EXHIBIT P17 TRUE COPY OF THE ORDER DATED 28/02/2018 IN W.P(C) 20269/2017.** - **EXHIBIT P18 TRUE COPY OF THE HEARING NOTE DATED 13/06/2018 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT** **EXHIBIT P19 TRUE COPY OF THE ORDER DATED 29/06/2018 PASSED BY THE 3RD RESPONDENT** ## **WP(C).No. 24184 of 2018** ..8.. **EXHIBIT P20** **TRUE COPY OF THE CIRCULAR NO. 58604/J2/12/G.EDN DATED 06/11/2012 RELIED BY THE 3RD RESPONDENT IN EXT. P19 ORDER** **EXHIBIT P21** - **TRUE COPY OF THE STAFF FIXATION ORDER OF THE 6TH RESPONDENT SCHOOL FOR THE YEAR 2008-09 WITH TYPED COPY** **EXHIBIT P22** - **TRUE COPY OF THE STAFF FIXATION ORDER OF THE 6TH RESPONDENT SCHOOL FOR THE YEAR 2009-10 WITH TYPED COPY** **EXHIBIT P23** - **TRUE COPY OF THE STAFF FIXATION ORDER OF THE 6TH RESPONDENT SCHOOL FOR THE YEAR 2010-11 WITH TYPED COPY** - **EXHIBIT P24** - **TRUE COPY OF THE STAFF FIXATION ORDER OF THE 6TH RESPONDENT SCHOOL FOR THE YEAR 2011-12 WITH TYPED COPY** **EXHIBIT P25** **TRUE COPY OF G.O NO. G4/33833/12/DPIK.DIS DATED 09/07/2012.**