LAWS(KER)-2020-10-334

DHANYA E.T. Vs. STATE OF KERALA

Decided On October 21, 2020
Dhanya E.T. Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The petitioner is stated to be working as a Lower Primary School Assistant in Kalliasseri Central L.P. School, which is under the Management of the 5th respondent, and impugns Exts.P4 and P5, to the extent to which it has ordered that she will not be paid her salary and increments. The petitioner says that her appointment has been approved by the competent Educational Authorities and therefore, that Exts.P4 and P5 are wholly illegal and unlawful since, as long as the said approval is in force, her service benefits cannot be retained or denied. The petitioner, therefore, prays that Exts.P4 and P5 be set aside and the respondents be directed to pay her increments and other service benefits, applicable to teachers of Lower Primary School in Aided Schools, forthwith.

(2.) In response to the afore submissions of Sri.Muralikrishnan, learned counsel for the petitioner, the learned Senior Government Pleader, Smt.Nisha Bose, submitted that even though the petitioner's initial appointment has been approved, as is evident from Ext.P1, the Educational Authorities have found that the said order is in error since the petitioner has not qualified in 'Malayalam' and therefore, that steps are now being taken to withdraw Ext.P1 as per law.

(3.) ***