IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 14TH NOVEMBER 2011 / 23RD KARTHIKA 1933 WP(C).No. 27253 of 2011(F) ------------------------------------ PETITIONER : - ---------------------- ALICE BETTY, H.S.A.(PHYSICAL SCIENCE), M.G.M.HIGH SCHOOL, PUDUPPADDY, KOZHIKODE, NOW RESIDING AT 203, VADAKKANMURIYIL, MUNDUKOTTACKAL P.O., PATHANAMTHITTA. BY ADV. SRI.K.B.ARUNKUMAR RESPONDENTS : - -------------------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE DEPUTY DIRECTOR OF EDUCATION, O/O.THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, O/O.THE DISTRICT EDUCATIONAL OFFICER, WANDOOR, MALAPPURAM. 4. THE DISTRICT EDUCATIONAL OFFICER, O/O.THE DISTRICT EDUCATIONAL OFFICER, THAMARASSERY, KOZHIKODE DISTRICT- 673 101. 5. THE MANAGER, CATHOLICATE AND M.D.SCHOOLS, DEVALOKAM, KOTTAYAM-38. R1 TO R4 BY GOVT. PLEADER SRI. M.A. FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 27253 of 2011(F) APPENDIX PETITIONER'S EXHIBITS: EXT P1 : COPY OF THE JUDGMENT DATED 05.10.2009 IN W.P (C) NO. 25708/2009. EXT P2 : COPY OF THE APPOINTMENT ORDER WITH THE ENDORSEMENT OF THE 3rd RESPONDENT. EXT P3 : COPY OF THE ORDER DATED 20.01.2010 PASSED BY THE 2nd RESPONDENT. EXT P4 : COPY OF THE ORDER DATED 03.03.2010 PASSED BY THE 3rd RESPONDENT. EXT P5 : COPY OF THE APPOINTMENT LETTER ISSUED BY THE 5th RESPONDENT. RESPONDENTS' ANNEXURES: ANNEXURE R3 (a) : COPY OF THE CIRCULAR DATED 26.02.2011 ISSUED BY THE GOVERNMENT. TRUE COPY P.A. TO JUDGE DMR/- T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 27253 of 2011-F - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of November, 2011. JUDGMENT The petitioner is working as H.S.A. (Physical Science) in the school managed by the fifth respondent. She is aggrieved by the non-disbursal of salary. 2. The petitioner was appointed as U.P.S.A. with effect from 15.7.2008 in a regular permanent vacancy that arose due to the vacancy of Smt. Reeba John who had availed leave without allowance from 5.6.2008 to 3.6.2013. When the proposal for approval was not acceded to, the petitioner approached this Court by filing W.P.(C) No.25708/2009 challenging the same. Following the dictum laid down in Unni Narayanan v. State of Kerala (2009 (2) KLT 604), this Court disposed of the writ petition by Ext.P1 judgment. Thereafter, the District Educational Officer approved the appointment by Ext.P2 order. It is stated that the entire arrears of salary and allowances were sanctioned and disbursed to the petitioner. But thereafter it was stopped from 3.3.2010 as per Ext.P4 order issued by wpc 27253 2 the third respondent, in the light of Ext.P3. By Ext.P4 order, the petitioner was informed that a Special Leave Petition is pending before the Supreme Court against the judgment in Unni Narayanan's case (2009 (2) KLT 604) and therefore the amount can be disbursed only if further instructions are received. Ext.P5 is the order by which the petitioner was appointed as H.S.A. which is yet to be approved also. 3. Learned Government Pleader on getting instructions, has filed a statement. It is averred in the said statement that subsequent to the passing of Exts.P3 and P4 orders, the Government has issued an order as per G.O. (P) No.56/11/G.Edn. dated 26.2.2011 wherein the Government has clarified that regular approval can be granted on scale of pay basis if the appointment is for a period exceeded eight months. The said order is produced as Annexure R3(a). It is thus submitted that the petitioner can approach the authorities concerned in the light of the above circular issued by the Government. 4. What has caused difficulties to the petitioner is Ext.P3 order which is passed in the appeal filed by the Manager. Evidently, in the light of Ext.P1 judgment, the appointment has been approved by the competent authority by Ext.P2 order. But Ext.P3 order has been passed without noticing the same. wpc 27253 2 5. In that view of the matter, Ext.P3 will stand quashed. What remains is the payment of salary to the petitioner from 3.3.2010 as U.P.S.A. and the consideration of the grant of approval as H.S.A. and payment of consequential benefits based on Ext.P5 order. 6. The petitioner will submit a formal request for the grant of benefits under Annexure R3(a). Since the petitioner's initial appointment will be more than 8 months in an academic year, evidently she will be entitled for the benefits also. Steps will be taken by the respondents to disburse salary from 3.3.2010 and for grant of approval of appointment as H.S.A. This shall be done within a period of six weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/