STATE OF KERALA Vs. DAISY K V

JUDGEMENT

(1.) BOTH these writ appeals are by the State. We will first deal with Writ Appeal No. 2043/2005 where the necessary documents and pleadings are available. Disposal of this writ appeal will necessarily give quietus to the dispute raised in Writ Appeal No. 275/05 as well, we feel.

(2.) THE State is aggrieved by the direction issued by the learned Single Judge. THE learned Single Judge has quashed Exts. P8, P9, P12 and p19 orders and issued a declaration that all appointees to the post of Higher secondary School Teachers and Higher Secondary School Teachers (Junior) are entitled to salaries as per the pay scale admissible to them from the approved dates of their appointments. THE learned Single Judge also directed the appellants herein to extend the benefit of Ext. P16 Government Order to petitioners 1, 5 and 6 within a time frame.

(3.) IT is further submitted that the separate order envisaged in Ext. P8 as extracted above has been issued as per Ext. P9. The said order provides that the salary of the Higher Secondary School Teachers who were appointed in the newly created posts will be given from 2001 December onwards. IT only provides that payment of arrears will be governed by para 12 of Ext. P8 g. O. (P)No. 56/2002/fin. , dated 16. 01. 2002. IT is submitted that Ext. P9 is the order contemplated in terms of para 12 of Ext. P8. Therefore, the petitioners do not have any entitlement for arrears of salary in excess of what is mentioned in para 12 of Ext. P8. In such circumstances, the direction issued by the learned Single Judge is not justified.