SANJITH KUMAR K. Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner herein was initially appointed as High School Assistant (Hindi) with effect from 2.6.2004 in the vacancy of Smt.C.K.Soudamini who retired from service on 31.5.2004. The appointment was duly approved by the District Educational Officer, Kannur. After the Higher Secondary Course was sanctioned, the petitioner was appointed as HSST Junior (Hindi) by transfer with effect from 12.12.2011 as per Ext.P2 appointment order dated 12.12.2011. The Regional Deputy Director of Higher Secondary Education, Kozhikode declined to approve the said appointment by Ext.P3 order passed on 7.6.2013. Aggrieved thereby, the Manager of the school filed an appeal before the Director of Higher Secondary Education. While the appeal was pending, the Manager once again appointed the petitioner as HSST Junior (Hindi) by Ext.P5 appointment order dated 7.6.2013 with effect from 23.2.2013. The Regional Deputy Director of Higher Secondary Education, Kozhikode approved the said appointment by Ext.P6 order dated 11.9.2013 with effect from 14.6.2013. Aggrieved thereby, the Manager of the school has filed Ext.P7 appeal before the Director of Higher Secondary Education wherein he has sought approval of the petitioner's appointment as HSST Junior (Hindi) with effect from 12.12.2011. In the alternative, he has also sought approval with effect from 23.2.2013. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the Director of Higher Secondary Education to dispose of Ext.P7 appeal within a time limit to be stipulated by this Court. He also seeks an order directing respondents 1 to 4 to disburse salary and allowances to him in the scale of pay of HSA (Hindi) for the period from 12.12.2011 to 13.6.2013.

(2.) THE petitioner herein was initially appointed as High School Assistant (Natural Science) with effect from 23.9.1997. The said appointment was duly approved. Later, she was appointed as HSST Junior (Botany) by transfer with effect from 28.11.2011 as per Ext.P1 appointment order dated 28.11.2011. The Regional Deputy Director of Higher Secondary Education, Kozhikode declined to approve the said appointment by Ext.P2 order passed on 23.5.2013. Aggrieved thereby, the Manager of the school filed an appeal before the Director of Higher Secondary Education. While that appeal was pending, the Manager once again appointed the petitioner as HSST Junior (Botany) with effect from 23.2.2013 by Ext.P3 appointment order dated 23.2.2013. The Regional Deputy Director of Higher Secondary Education, Kozhikode approved the said appointment by Ext.P4 order passed on 3.10.2013 with effect from 17.6.2013. Aggrieved thereby, the Manager of the School has filed Ext.P5 appeal before the Director of Higher Secondary Education seeking approval of the petitioners' appointment with effect from 23.2.2013. In the alternative, the Manager has also sought approval of the petitioners' appointment as HSST with effect from 28.11.2011 onwards. In this writ petition, the petitioner seeks a writ in the nature of mandamus commanding the Director of Higher Secondary Education to dispose of Ext.P5 appeal within a time limit to be stipulated by this Court. He also seeks an order directing respondents 1 to 3 to disburse salary and allowances to him in the scale of pay of HSA for the period from 28.11.2011 to 31.5.2012.

(3.) SRI .K.Jaju Babu, learned Senior Advocate appearing for the petitioners submitted relying on Government letter No. 48885/T1/ 2002/G.Edn. dated 10.12.2002 that Higher Secondary School Teachers appointed by transfer from the categories of HSA/UPSA/ LPSA under the same educational agency are eligible to draw salary and allowances in the lower scale of pay until their appointment in the higher time scale of pay of Higher Secondary School Teachers is approved and therefore, notwithstanding the fact that approval of appointment as HSST was granted to the petitioners only with effect from 14.6.2013 and 17.6.2013 respectively, they are entitled to salary and allowances in the scale of pay of HSA which they were drawing till they were appointed as HSST for the period from 12.12.2011 to 13.6.2013 in the case of the petitioner in W.P.(C) No. 17574 of 2014 and for the period from 28.11.2011 to 16.6.2013 in the case of the petitioner in W.P.(C)No.17550 of 2014. The learned counsel also submitted that the petitioner in W.P.(C)No. 17550 of 2014 was paid salary and allowances in the scale of pay of HSA for the period from 1.6.2012 to 16.6.2013, but salary and allowances in the lower scale of pay of HSA was not paid to him for the period from 28.11.2011 to 31.5.2012.