2025:KER:25110 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 WP(C) NO. 11311 OF 2025 PETITIONER: AMEENA A AGED 37 YEARS, W/O SAFEER KAMALUDEEN CLERK, MSM HSS CHATHINAMKULAM, CHANDANATHOPE P O, KOLLAM (RESIDING AT ESKAY MAHAL, MYTHRI-11, KADAPPAKADA P O, KOLLAM ) PIN – 691014. BY ADVS. V.A.MUHAMMED M.SAJJAD RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM, PIN – 695001. 2 THE DIRECTOR OF GENERAL EDUCATION, HIGHER SECONDARY EDUCATION, NEW BUILDING, ULOOR LANE, JAGATHY, THIRUVANANTHAPURAM, PIN – 695014. W.P.(C)No.11311 of 2025 :2: 2025:KER:25110 3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, PALAYAM,THIRUVANANTHAPURAM DISTRICT, PIN – 695033. 4 THE DISTRICT EDUCATIONAL OFFICER, CIVIL STATION, KOLLAM DISTRICT, PIN – 691013. 5 THE MANAGER, MSM HSS CHATHINAMKULAM, CHANDANATHOPE P O KOLLAM, PIN – 691014. 6 THE PRINCIPAL, MSM HSS CHATHINAMKULAM, CHANDANATHOPE P O KOLLAM, PIN – 691014. 7 THE HM/ VICE-PRINCIPAL, MSM HSS CHATHINAMKULAM, CHANDANATHOPE P O KOLLAM, PIN – 691014. BY ADV.SMT. ANIMA M., GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.11311 of 2025 :3: 2025:KER:25110 J U D G M E N T Dated this the 24th day of March, 2025 The petitioner states that she entered service in the School as Clerk. When a retirement vacancy arose in the category of HSST (Computer Science), the petitioner was granted appointment as HSST as per order dated 24.06.2024. Approval to Ext.P3 was declined by the 3rd respondent as per Ext.P4 order dated 24.08.2024. 2. As against Ext.P4, Manager filed Appeal before the Government. The issue is now pending before the Government. While so, the 3rd respondent has issued order dated 11.03.2025, declining salary in the lower cadre to the petitioner. This Court has also issued judgments so as to continue to pay salary in the lower cadre in respect of the W.P.(C)No.11311 of 2025 :4: 2025:KER:25110 promotee. The petitioner may be extended the benefits flowing from Exts.P8 to P12. 3. The grievance of the petitioner is that the petitioner has not been paid wages pending disposal of the appeal. As the petitioner has a lien on a vacancy on a post previously held by him, it would be only just and proper that the petitioner be paid wages applicable to the lower post pending finalisation of the decision pursuant to Ext.P6. The writ petition is accordingly disposed of directing respondents 3 and 4 to pay the wages to the petitioner in respect of the lower post. Sd/- N. NAGARESH JUDGE ams W.P.(C)No.11311 of 2025 :5: 2025:KER:25110 APPENDIX OF WP(C) 11311/2025 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.02.2019 Exhibit P-2 TRUE COPY OF THE APPROVAL ORDER NO. B4/1044/19/K.DIS DATED 22.10.2019 Exhibit P-3 TRUE COPY OF THE APPOINTMENT ORDER NO. 131/24 DATED 24.06.2024 Exhibit P-4 TRUE COPY OF THE ORDER NO. TRO- 4/4714/2024/RDD/HSE DATED 24.08.2024 Exhibit P-5 TRUE COPY OF THE APPEAL NO. 143/2024 SUBMITTED BY THE MANAGER BEFORE THE GOVERNMENT DATED 30.10.2024 Exhibit P-6 TRUE COPY OF THE JUDGMENT IN WP(C) NO. 1322/2025 DATED 17.01.2025 Exhibit P-7 TRUE COPY OF THE ORDER NO. RDDHSE/TVM/336/2025-TRO-4 DATED 11.03.2025 Exhibit P-8 TRUE COPY OF THE CIRCULAR NO. 23323/J1/89/G.EDN. DATED 06.11.1989 Exhibit P-9 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO 3762/2024 DATED 31.01.2024 Exhibit P-10 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO. 12844/2024 DATED 01.04.2024 Exhibit P-11 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO 32084/2017 DATED 09.10.2017 W.P.(C)No.11311 of 2025 :6: 2025:KER:25110 Exhibit P-12 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO 33755/2016 DATED 07.12.2016