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2025 DAILYLAW 7005 (KER)

ANUMOL BABY v. STATE OF KERALA

WP(C)/14562/2025 · 2025-04-08

N Nagaresh

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:30247 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 14562 OF 2025 PETITIONERS: 1 ANUMOL BABY AGED 36 YEARS D/O. BABY, LPST, AUPS, CHANGALEERI, MANNARKAD, PALAKKAD, RESIDING AT ST.JOSEPH’S CONVENT, CHANGALEERI, MANNARKAD, PALAKKAD, PIN - 678762 2 SHYNY THOMAS AGED 48 YEARS D/O. THOMAS, UPST, CHANGALEERI, MANNARKAD, PALAKKAD. RESIDING AT ST.JOSEPH’S CONVENT, CHANGALEERI, MANNARKAD, PALAKKAD, PIN - 678762 3 SHEENAMOL JOHN AGED 36 YEARS D/O. JOHN, LPST, CHANGALEERI, MANNARKAD, PALAKKAD, RESIDING AT ST.JOSEPH’S CONVENT, CHANGALEERI, MANNARKAD, PALAKKAD, PIN - 678762 BY ADVS. BEJOY JOSEPH P.J. M.VIJAYAKUMAR RESPONDENT S : 1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM, PIN - 695001 2025:KER:30247 WP(C) No.14562 of 2025 2 2 ASSISTANT EDUCATIONAL OFFICER OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, MANNARKKAD, PIN - 678762 BY ADV. SRI. V. VENUGOPAL, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30247 WP(C) No.14562 of 2025 3 JUDGMENT Dated this the 8th day of April, 2025 The 1st petitioner was appointed as LPST with effect from 01.06.2018 in the vacancy of Sri. Muralidharan, P.D., who retired from service on 31.03.2018. The 2nd petitioner was appointed as UPST from 01.06.2017 in the resignation vacancy of Smt. Shiny M.C. The 3rd petitioner was appointed as LPST in the retirement vacancy of Smt. Geetha N. with effect from 01.06.2018. 2. The petitioners are Teachers appointed in regular vacancies. The appointments were approved from the date of appointment, but monetary benefit was paid only from 06.02.2021 on the basis of Ext.P4 Government Order. The order was passed on the basis of the Government Order which resulted in the payment of salary from 06.02.2021. The Government Order is not applicable to a permanent post. The 2025:KER:30247 WP(C) No.14562 of 2025 4 Government Order is applicable to additional vacancies and is issued without notice to the petitioners and without calling for any explanation from the petitioners. The petitioners have submitted Revision Petitions against the above Government Order before the 1st respondent, which is pending for consideration. 3. I have heard the learned counsel for the petitioners and the learned Government Pleader representing the respondents. 4. It is pointed out that the petitioners are claiming salary from the years 2017 and 2018. The Revision Petitions produced as Exts.P6 to P8 make a prayer for payment of salary from 06.02.2021, which salary has admittedly been paid to the petitioners. 5. However, after hearing the counsel for the petitioners, I find that the petitioners have a grievance relating to payment of salary of the years 2017 and 2018. Therefore, 2025:KER:30247 WP(C) No.14562 of 2025 5 the said grievance is liable to be considered. The writ petition is therefore disposed of permitting the petitioners to file fresh Revision Petitions before the 1st respondent within a period of two weeks. If the petitioners file fresh Revision Petitions within a period of two weeks, attaching a copy of the judgment in this writ petition, the 1st respondent shall consider and pass appropriate orders thereon, within a period of four months from the date of receipt of a copy of this judgment, after giving an opportunity of hearing to the petitioners and other affected parties, if any. Sd/- N.NAGARESH JUDGE spk 2025:KER:30247 WP(C) No.14562 of 2025 6 APPENDIX OF WP(C) 14562/2025 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER NO. C/8085/2021/K.DIS DATED 18.03.2021 ISSUED BY THE 2ND RESPONDENT TO THE 1ST PETITIONER. Exhibit P2 TRUE COPY OF THE ORDER NO. C/7098/2021/K.DIS DATED 18.03.2021 ISSUED BY THE 2ND RESPONDENT TO THE 2ND PETITIONER. Exhibit P3 TRUE COPY OF THE ORDER NO.C/7720/2021/K.DIS DATED 18.03.2021 ISSUED BY THE 2ND RESPONDENT TO THE 3RD PETITIONER Exhibit P4 TRUE COPY OF THE GOVERNMENT ORDER G.O. (P) 4/2021/G.EDN. DATED 06.02.2021. Exhibit P5 TRUE COPY OF THE TRUE COPY OF THE ORDER G.O.(RT.)NO.2794/2023/GEDN DATED 08.05.2023 ISSUED BY THE 1ST RESPONDENT. Exhibit P6 TRUE COPY OF THE REVISION SUBMITTED BY THE 1ST PETITIONER TO 1ST RESPONDENT DATED 08.05.2024 Exhibit P7 TRUE COPY OF THE REVISION SUBMITTED BY THE 2ND PETITIONER TO 1ST RESPONDENT DATED 10.05.2024 Exhibit P8 TRUE COPY OF THE REVISION SUBMITTED BY THE 3RD PETITIONER TO 1ST RESPONDENT DATED 12.05.2024