LAWS(KER)-2020-11-158

ANJU C.R. Vs. STATE OF KERALA

Decided On November 16, 2020
Anju C.R. Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioner, who is stated to be working as a Co-ordinator of the Block Resource Centre, Trissur, has approached this Court, seeking a direction to the 4th respondent to approve her appointment as a High School Teacher (HST) in English, in the 6th respondent-School, from 02.09.2013 to 01.06.2014 on scale-of-pay basis, with all consequential benefits.

(2.) The petitioner has also prayed for a declaration that she is entitled to get service as HST (English) approved from 02.09.2013 to 01.06.2014 on scale-of-pay basis, relying on the judgment of the Honourable Supreme Court in Sneha Cherian v. State of Kerala [2013(1)KLT 755] and NSS v. State of Kerala [2013(4) KLT 921]. She says that the question, whether an appointment to a substantive post during the mid of an academic year is liable to be approved on the scale-of- pay basis or daily wages, has already been answered by these judgments in her favour and that these have already been implemented by the Government through Exts.P4 and P5 proceedings. She, therefore, prays that the 4th respondent be directed to approve her appointment as HST (English) for the aforementioned period within a time frame to be fixed by this Court.

(3.) In response to the afore submissions made on behalf of the petitioner by her learned counsel, Sri.U.Balagangadharan, the learned Senior Government Pleader, Smt.Nisha Bose, submitted that the petitioner's appointment has not been approved on scale-of- pay basis only because, in Ext.P1, she has been shown to be appointed on daily wages by the Manger of the School. She says that, therefore, the petitioner cannot seek any relief other than what has been offered to her through Ext.P1.