2025:KER:27420 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 13033 OF 2025 PETITIONER: VISHNUPRIYA D AGED 28 YEARS, W/O.V.P. ANOOP HIGH SCHOOL TEACHER (SOCIAL SCIENCE) ST. MARY’S HIGHER SECONDARY SCHOOL, MORAKKALA, ALUVA, ERNAKULUM DISTRICT, PIN – 683565. BY ADV V.A.MUHAMMED RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT GOVERNMENT SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM, PIN – 695001. 2 THE DIRECTOR OF GENERAL EDUCATION OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN – 695014. 3 THE DISTRICT EDUCATIONAL OFFICER OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, ALUVA, ERNAKULAM DISTRICT, PIN – 683565. W.P.(C)No.13033 of 2025 :2: 2025:KER:27420 4 THE MANAGER ST. MARY’S HIGHER SECONDARY SCHOOL, MORAKKALA, ALUVA, ERNAKULUM DISTRICT, PIN – 683565. 5 THE HEADMASTER/VICE PRINCIPAL ST. MARY’S HIGHER SECONDARY SCHOOL, MORAKKALA, ALUVA, ERNAKULUM DISTRICT, PIN – 683565. BY ADV.SMT.ANIMA M., GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.13033 of 2025 :3: 2025:KER:27420 J U D G M E N T Dated this the 28th day of March, 2025 The petitioner states that she was appointed as HST (Social Science) from 03.06.2024 onwards. The appointment was made against a retirement vacancy. Hence, the appointment can be approved in the light of Government Order dated 28.02.2019 and Circular dated 08.03.2019. Yet, the District Educational Officer has not taken up the file of the petitioner for approval though more than six months have elapsed since the appointment of the petitioner. Requesting approval, the petitioner moved the 2nd respondent. Thereafter, the petitioner filed W.P.(C) No.45231 of 2024. Consequently, the petitioner got approval. But the approval was granted only on daily wage basis, instead of scale of pay. W.P.(C)No.13033 of 2025 :4: 2025:KER:27420 2. In S. L. P. No.11373 of 2024, the Hon'ble Apex Court has held that the vacancies can be filled up except the seats which are reserved for persons with disability. On completion of all the necessary formalities, the services of all such in-service employees, who are entitled to be appointed shall be regularised. Pursuant to Ext.P9, Government issued Order dated 17.03.2025. In the light of these orders, the petitioner is entitled to get approval in pay scale. Claiming it, the petitioner has moved the Government with a Rule 92 Revision Petition dated 21.03.2025. It is pending. 3. The approval of the appointment of the petitioner as HST (Social Science) has been made only on daily wage basis, alleging that reservation norms in favour of PwD candidates have not been followed. 4. The petitioner states that the Hon'ble Apex Court has passed Ext.P9 order subsequently, in the light of W.P.(C)No.13033 of 2025 :5: 2025:KER:27420 which the respondents are bound to reconsider the entitlement of the petitioner for approval of the appointment of the petitioner on pay scale basis. 5. Going through the pleadings, I find that the petitioner has preferred Ext.P11 revision petition. In view of Ext.P9 order of the Hon'ble Apex Court, Ext.P11 has to be considered. The writ petition is accordingly disposed of directing the 1st respondent to consider Ext.P11 revision petition in the light of Ext.P9 order and pass appropriate orders thereon within a period of four months. Sd/- N. NAGARESH JUDGE ams W.P.(C)No.13033 of 2025 :6: 2025:KER:27420 APPENDIX OF WP(C) 13033/2025 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE G.O. (P) NO. 3/2019/G.EDN. DATED 28.02.2019 Exhibit P-2 TRUE COPY OF THE CIRCULAR NO. J2/57/2019 DATED 08.03.2019 Exhibit P-3 TRUE COPY OF THE APPOINTMENT ORDER DATED 03.06.2024 Exhibit P-3 (a) TRUE COPY OF THE APPLICATION FOR APPOINTMENT APPROVAL Exhibit P-4 TRUE COPY OF THE STAFF FIXATION ORDER NO. D.DIS. B1/750542/2024 DATED 24.09.2024 OF THE DEO, ALUVA Exhibit P-5 TRUE COPY OF THE REQUISITION FORM TO BE USED BY ESTABLISHMENT IN THE STATE GOVERNMENT MADE BY THE MANAGER DATED 14.10.2024 (ANNEXURE II) Exhibit P-6 TRUE COPY OF THE NON-AVAILABILITY CERTIFICATE DATED 04.07.2024 OF THE SUB REGIONAL EMPLOYMENT OFFICER, ERNAKULUM Exhibit P-7 TRUE COPY OF THE JUDGMENT IN W.P. (C) NO. 45231/2024 DATED 18.12.2024 Exhibit P-8 TRUE COPY OF THE ORDER NO. B1/729206/2024 DATED 17.3.2025 OF THE DEO, ALUVA Exhibit P-9 TRUE COPY OF THE ORDER IN S L P NO. 11373/2024 DATED 04.03.2025 OF THE HON’BLE APEX COURT W.P.(C)No.13033 of 2025 :7: 2025:KER:27420 Exhibit P-10 TRUE COPY OF THE G.O. (MS.) NO. 43/2025/GEDN DATED 17.03.2025 Exhibit P-11 TRUE COPY OF THE REVISION PETITION DATED 21.03.2025 SUBMITTED BEFORE THE GOVERNMENT/1ST RESPONDENT WITHOUT EXHIBITS