JAYASREE M.P. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners in these two writ petitions which are being heard and disposed of together on account of the analogous facts and circumstances presented, are stated to be Pre-basic Teachers who were appointed validly to sanctioned posts.

(2.) According to them, the schools involved were established more than a century ago and therefore, that their appointments in the aforementioned posts were on the basis of the approval given to their predecessor-in-interest and that such teachers had already been paid salary until their retirement. They say that, however, when the 'Samanawaya' Software was introduced by the Government for the purpose of fixation of staff and such other matters under the ambit of Kerala Education Act and Rules, the post of Pre-basic Teachers was not provided for; and therefore that, even though the staff fixation orders of their school contained the posts of Pre-basic Teachers, the petitioners have not been paid salary from June, 2020 onwards. They, therefore, pray that the respondents be directed to pay them the eligible salary without any break in future.

(3.) In response to the afore submissions made on behalf of the petitioners by their learned counsel, Sri.V.M.Krishnakumar, the learned senior Government Pleader Smt.Nisha Bose, submitted that the provisions of the Kerala Education Act and the Rules do not provide for any post of Pre-basic Teacher and it is, therefore, that the 'Samanawaya' Software contains no provision to include such a post. She, however, conceded to a pointed question from this Court, that in the staff fixation orders produced on record have included this post for the school and therefore that, normally the Government is bound to pay the salary to the teachers appointed against such posts. She says that in such circumstances, the Government has now taken a decision that for the academic year 2020-2021 the petitioners will be paid their salary regularly, along with the arrears if any, and that an appropriate decision will be taken as to the posts of Pre- basic Teacher in the school as per law.