P. Veena v. State of Kerala & Others

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: A.M. Shaffique
T.V. Anilkumar
Judgment Date: 2019-10-03
Court Decision / Holding: Writ appeals dismissed; the Division Bench affirmed the Learned Single Judge’s conclusion and held that Rule 52 squarely applies due to post reduction, excluding the benefit of Rule 51A when the employee lacks one year continuous service and was not relieved under Rules 49 or 52.
Final Disposition: Appeals dismissed

Parties to the Case

Appellants / Petitioners

P. Veena

Respondents

The State of Kerala
The Secretary to Government, General Education Department
The Director of Public Instructions
The Deputy Director of Education, Kannur
The District Educational Officer, Kannur
The Assistant Educational Officer, Talipparamba South
The Manager, Cherupazhassi ALP School, Kolacherry
The Headmaster, Cherupazhassi ALP School, Kolacherry
Sri Sreejith Kunhikkandy
Sri P.C. Sudheer (Manager)

Legal Representation & Advocates

Counsels for Petitioners

• Sri V.A. Muhammed
• Sri M. Sajjad
• Sri V. Rajasekharan Nair

Counsels for Respondents

• Govt Pleader SMT. Raji T. Bhaskar
• Sri Mahesh V. Ramakrishnan

Case Synopsis & Summary

This batch of writ appeals arises from three connected writ petitions challenging the termination of the appellant Veena, who was appointed as a Lower Primary School Assistant (LPSA) in Cherupazhassi ALP School and subsequently relieved in 2005. The core issues involve eligibility for salary dues and the applicability of Rule 51A of Chapter XIV A KER, read with Rules 49 and 52. The Learned Single Judge rejected Veena’s claims, relying on a Supreme Court judgment in Manager, VKNM Vocational Higher Secondary School v. State of Kerala & Others (2016) 4 SCC 216. The Kerala High Court, in a Division Bench, held that there was a reduction in sanctioned posts in the prior year, which makes Rule 52 applicable. Consequently, Veena could not claim salary beyond her termination or benefits under Rule 51A unless she had one year of continuous service and was not relieved under Rule 49 or 52. The court emphasized that since Veena did not work after 31.3.2005 and the staff fixation order was issued later on 15.7.2005, salary for the intervening period could not be ordered. The appeals are therefore dismissed, upholding the earlier decision of the Learned Single Judge. The judgment rests on the post-reduction rule and the non-availability of the claimed continuous service period.

Provisions of Law Cited

Rule 51A of Chapter XIV A KERRule 49Rule 52

Submissions & Arguments

Contentions of Appellants / Petitioners

The appellant contends that Rule 51A of Chapter XIV A KER should be applicable because she was not relieved under Rule 49 or Rule 52, and there was a reduction in the posts that justified salary until 15.7.2005, supported by staff fixation on that date. She argues she is entitled to the benefit of Rule 51A, and seeks relief for salary for the period until the fixation order, despite non-fulfillment of other conditions.

Contentions of Respondents

The respondents argue that Rule 52 applies due to the reduction in sanctioned posts and that the one-year continuous service condition under Rule 51A is not satisfied. They contend salary cannot be ordered for the interim period as the appellant did not work after 31.3.2005 and the fixation order came only on 15.7.2005. They rely on the Apex Court’s decision in Manager, VKNM Vocational Higher Secondary School v. State of Kerala & Others (2016) 4 SCC 216, to resist the claim under Rule 51A.

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Manager, VKNM Vocational Higher Secondary School v. State of Kerala & Others	(2016) 4 SCC 216	Distinguished	The Division Bench did not follow or apply the reasoning of the 2016 SCC judgment; instead it distinguished that decision on the basis of post-reduction post and applicable Rule 52.

Extracted Judgment Text

Exact text extracted from official judgment records.

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** **&** **THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR** **THURSDAY, THE 03RD DAY OF OCTOBER 2019 / 11TH ASWINA, 1941** **WA.No.1117 OF 2019** **AGAINST THE JUDGMENT IN WP(C) 19244/2017(E) OF HIGH COURT OF KERALA DATED 8.3.2019** ## **APPELLANT/PETITIONER:** **P.VEENA, AGED 35 YEARS DAUGHTER OF P.V.ACHUTHAN NAMBIAR, FORMERLY LOWER PRIMARY SCHOOL ASSISTANT, CHERUPAZHASSI ALP SCHOOL, , KOLACHERRY, KANNUR DISTRICT-670 601. (RESIDING AT DEVILAS KADOOR, CHERUPAZHASSI, KANNUR-670 601).** **BY ADVS. SRI.V.A.MUHAMMED SRI.M.SAJJAD SRI.V.RAJASEKHARAN NAIR** ## **RESPONDENTS/RESPONDENTS:** - **1 THE STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-II, THIRUVANANTHAPURAM-695 001.** **2 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-II, THIRUVANANTHAPURAM-695 001.** - **3 THE DIRECTOR OF PUBLIC INSTRUCTIONS JAGATHY, THIRUVANANTHAPURAM-695 014.** - **4 THE DEPUTY DIRECTOR OF EDUCATION KANNUR-670002.** - **5 THE DISTRICT EDUCATIONAL OFFICER KANNUR-670002.** - **6 THE ASSISTANT EDUCATIONAL OFFICER** 2 **WA.Nos.1117/2019, 1122/2019 & 1424/2019** ## **TALIPARAMBA SOUTH, P.O. TALIPARAMBA, KANNUR DISTRICT.** - **7 THE MANAGER** - **CHERUPAZHASSI ALP SCHOOL, KOLACHERRY, KANNUR DISTRICT-670601.** - **8 THE HEADMASTER CHERUPAZHASSI ALP SCHOOL, KOLACHERRY, KANNUR DISTRICT-670 601.** - **9 SRI. SREEJITH KUNHIKKANDY AGED 40 YEARS** **SON OF LATE NARAYANAN, RESIDING AT VELLUVAYAL OF KUTTIATTOOR AMSOM, CHATTUKAPPARA P.O., KANNUR-670 592.** - **10 SRI.P.C.SUDHEER, MANAGER, CHERUPAZHASSI ALP SCHOOL, KOLACHERRY, KANNUR DISTRICT-670 601.** **R1-6 BY GOVERNMENT PLEADER SMT.RAJI T BHASKAR (BY ORDER) R9 BY ADV. SRI.MAHESH V RAMAKRISHNAN** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 03.10.2019, ALONG WITH WA.1424/2019 & WA.1122/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 3 **WA.Nos.1117/2019, 1122/2019 & 1424/2019** # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** **&** **THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR** **THURSDAY, THE 03RD DAY OF OCTOBER 2019 / 11TH ASWINA, 1941** **WA.No.1424 OF 2019** **AGAINST THE JUDGMENT IN WP(C) 39275/2015(H) OF HIGH COURT OF KERALA DATED 15.3.2019** ## **APPELLANT/9TH RESPONDENT:** **P.VEENA AGED 35 YEARS DAUGHTER OF P.V.ACHUTHAN NAMBIAR, LOWER PRIMARY SCHOOL ASSISTANT, CHERUPAZHASSI ALP SCHOOL, KOLACHERRY, KANNUR DISTRTICT-670 601, (RESIDING AT DEVILAS KADOOR, CHERUPAZHASSI, KANNUR-670 601).** **BY ADVS. SRI.V.A.MUHAMMED SRI.V.RAJASEKHARAN NAIR SRI.M.SAJJAD** ## **RESPONDENTS/PETITIONER & RESPONDENTS 1 TO 8:** - **1 SREEJITH KUNHIKKANDY VELLUVAYAL OF KUTTIATTOR, AMSOM, CHATTUKAPPARA P.O., KANNUR-670 592.** - **2 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-II, THIRUVANANTHAPURAM-695 001.** - **3 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695 014.** - **4 THE DEPUTY DIRECTOR OF EDUCATION,** 4 **WA.Nos.1117/2019, 1122/2019 & 1424/2019** **KANNUR-670 002.** - **5 THE DISTRICT EDUCATIONAL OFFICER, KANNUR-670 002.** - **6 THE ASSISTANT EDUCATIONAL OFFICER, TALIPARAMBA SOUTH, P.O.TALIPARAMBA, KANNUR DISTRICT.** - **7 THE ASSISTANT EXECUTIVE ENGINEER, PWD, BUILDINGS SUB DIVISION, KANNUR-670 002.** - **8 THE MANAGER, CHERUPAZHASSI ALP SCHOOL, KOLACHERRY, KANNUR DISTRICT-670 601.** - **9 SMT.C.O.SANTHAKUMARI, FORMERLY MANAGER, CHERUPAZHASSI ALP SCHOOL, KOLACHERRY, KANNUR DISTRICT-670 601.** **R1 BY ADV. SRI.N.N.SUGUNAPALAN (SR.) R1 BY ADV. SRI.MAHESH V RAMAKRISHNAN R2-7 BY GOVERNMENT PLEADER SMT. RAJI. T. BHASKAR.-G.P.** **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 03.10.2019, ALONG WITH WA.1117/2019 & WA.1122/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 5 **WA.Nos.1117/2019, 1122/2019 & 1424/2019** # **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE** **&** **THE HONOURABLE MR.JUSTICE T.V.ANILKUMAR** **THURSDAY, THE 03RD DAY OF OCTOBER 2019 / 11TH ASWINA, 1941** **WA.No.1122 OF 2019** **AGAINST THE JUDGMENT IN WP(C) 5876/2009(D) OF HIGH COURT OF KERALA DATED 8.3.2019** ## **APPELLANT/PETITIONER:** **P.VEENA AGED 35 YEARS DAUGHTER OF P.V.ACHUTHAN NAMBIAR, FORMERLY LOWER PRIMARY SCHOOL ASSISTANT, CHERUPAZHASSI ALP SCHOOL, KOLACHERRY, KANNUR DISTRICT- 670601, (RESIDING AT DEVILAS KADOOR, CHERUPAZHASSI, KANNUR- 670601).** **BY ADVS. SRI.V.A.MUHAMMED SRI.M.SAJJAD SRI.V.RAJASEKHARAN NAIR** ## **RESPONDENTS/RESPONDENTS:** - **1 THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-II, THIRUVANANTHAPURAM- 695001.** - **2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM- 695014.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, KANNUR-670002.** - **4 THE DISTRICT EDUCATIONAL OFFICER, KANNUR- 670002.** 6 **WA.Nos.1117/2019, 1122/2019 & 1424/2019** |**5**|**THE ASSISTANT EDUCATIONAL OFFICER,**| |---|---| ||**TALIPARAMBA SOUTH, P.O.TALIPARAMBA, KANNUR**| ||**DISTRICT.**| |**6**|**THE MANAGER,**| ||**CHERUPAZHASSI ALP SCHOOL, KOLACHERRY, KANNUR**| ||**DISTRICT- 670601.**| |**7**|**THE HEADMASTER,**| ||**CHERUPAZHASSI ALP SCHOOL, KOLACHERRY, KANNUR**| ||**DISTRICT- 670601.**| ||**R1-5 BY GOVT PLEADER SMT. RAJI TO BHASKAR**| **THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 03.10.2019, ALONG WITH WA.NO.1424/2019 & WA.1117/2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** 7 **WA.Nos.1117/2019, 1122/2019 & 1424/2019** ## **JUDGMENT** ## **Dated this the 3rd day of October 2019** ## **Shaffique, J** These three appeals came to be filed against a common judgment in W.P.(C).Nos.5876/2009, 39275/2015 and 19244/2017. The appellant is the petitioner in W.P.(C).Nos. 5876/2009 and 19244/2017 and the 9[th] respondent in W.P.(C).No.39275/2015. 2. Appellant was appointed as LPSA in a regular post on 18.11.2004. Her appointment was terminated on 31.3.2005. Two contentions were urged by her. One is that, by a staff fixation order dated 15.7.2005 there was a reduction in the post compared to the previous year and therefore she was entitled to be paid salary until 15.7.2005. Yet another claim was that she was entitled to the benefit of Rule 51A of Chapter XIV A KER. 3. The learned Single Judge rejected the aforesaid claims. The learned counsel for the appellant would submit that Rule 51A of Chapter XIV A of KER has to be made applicable in the case of the appellant in so far as she was not relieved either under Rule 49 or Rule 8 **WA.Nos.1117/2019, 1122/2019 & 1424/2019** 52, whereas she was relieved from service on account of termination of vacancy, in which event the one year period specified under the proviso has no application. The learned Single Judge placed reliance upon the judgment of the Apex court in **Manager, VKNM Vocational Higher Secondary School v. State of Kerala & Others** (2016) 4 SCC 216) and rejected the claim of the petitioner under Rule 51A. Other claims were dismissed. 4. It is pointed out that neither Rule 49 or Rule 52 has no application and therefore the one year period specified under the proviso will not apply. But on a perusal of the provisions, we are of the view that there had been a reduction in the number of posts which was sanctioned in the previous year and therefore Rule 52 squarely applies and in that event, if the petitioner/appellant does not have one year continuous service and she is not eligible for availing the benefit of Rule 51A. 5. With reference to the claim for salary as well, even admittedly the petitioner has not worked after 31.3.2005 mainly for the reason that the staff fixation order has been issued on 15.7.2005. It does not mean that she can claim salary for the said period and in so far as she had not worked during the relevant time, it is not possible to direct salary to be paid. The learned Single Judge was therefore 9 **WA.Nos.1117/2019, 1122/2019 & 1424/2019** justified in dismissing the writ petitions filed by the appellant. No grounds are made out for interference. The writ appeals are dismissed. ## **Sd/-** **A.M.SHAFFIQUE, JUDGE** **Sd/-** **T.V.ANILKUMAR, JUDGE** kp True copy P.A. To Judge