High Court Kerala High Court

T.Latha vs The State Of Kerala on 21 November, 2008

Kerala High Court
T.Latha vs The State Of Kerala on 21 November, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 3388 of 2008(C)


1. T.LATHA, W/O SAJIKUMAR,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA, REPRESENTED BY ITS
                       ...       Respondent

2. THE DIRECTOR OF HIGHER SECONDARY

3. THE DEPUTY DIRECTOR OF EDUCATION,

4. THE ACCOUNTANT GENERAL(A&E),

5. THE PRINCIPAL,

6. THE HEADMISTRESS,

7. THE HEADMASTER,

                For Petitioner  :SRI.J.DEVADANAM

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :21/11/2008

 O R D E R
                         ANTONY DOMINIC, J.
                        ==============
                     W.P.(C) NO. 3388 OF 2008 (C)
                    ====================

              Dated this the 21st day of November, 2008

                             J U D G M E N T

Petitioner joined regular service as HSA on 29/6/94. She was

promoted as an HSST on 30/7/97 and is working as such. Prior to

appointment of regular service as HSA, petitioner has rendered a total

service of one year, six months and 26 days, as HSA on a provisional

basis. During that period, at the G.H.S, Chithara, she has worked from

23/6/92 to 31/3/93 and G.H.S Kulathupuzha from 14/6/93 to 30/3/94.

2. The complaint in this writ petition is that the provisional

service rendered by her has not been counted for the purpose of

calculating increments. She submitted various representations and by

Ext.P3, the 6th respondent informed her that though the provisional service

can be reckoned for calculating increments, the same can be done only by

the 2nd respondent. She continued to represent to the 2nd respondent and

finally pursuant to Ext.P5 judgment, she made Ext.P6 representation.

Thereafter, she was heard by respondents 2 and 3 and finally Ext.P9 order

was issued. In Ext.P9, it has been stated by the 2nd respondent that the

3rd respondent has furnished a report stating that provisional employees

who got regular appointment with or without break on or after 1/10/94 or

WPC 3388/08
:2 :

whose provisional service gets regularised w.e.f. 1/10/94 or thereafter will

not be eligible for increments reckoning their provisional service as per GO

dated 30/9/94. It is further stated that the petitioner is not eligible for

increments reckoning her provisional service as her provisional service was

not regularised so far. On that basis, the 2nd respondent declined her

request on the ground that she is not eligible since her provisional service

has not been regularised.

3. The Government order dated 30/9/94 referred to in Ext.P9 is

Ext.P11 in this writ petition. The Government order dated 30/9/04 only

talks about provisional employees who got regular appointment on or after

1/10/94 or gets regularised in service w.e.f. 1/10/94. In case of such

employees, the Government order provides that they will not be eligible for

increments reckoning their provisional service.

4. From the facts noticed above, it can be seen that so far as the

petitioner is concerned, she commenced her regular service on 29/6/94.

Therefore, the Government order cannot apply in so far as she is

concerned. The eligibility of the petitioner for getting the period of her

provisional service counted for reckoning increments does not seem to be

WPC 3388/08
:3 :

of dispute. But then, what is stated is that the said period has not been

regularised, in which case alone the period can be reckoned.

5. In my view, the petitioner has represented to all the

authorities and it is the responsibility of the authorities to have the

provisional service rendered by the petitioner reckoned, if that is a

requirement for counting such period or increments. So long as

regularisation of her provisional service is not within the control of the

petitioner and as the petitioner has moved the authorities, and if there has

been failure on the part of the authorities in doing the needful in the

matter, I would hold that such failure of the authorities concerned cannot

work out prejudice to the petitioner. Once the Government have

recognised her eligibility to have the provisional services reckoned for

increment purposes, it is the corresponding duty of the authorities to do

what is necessary to enable the employee to enjoy the benefit. If they

have failed in discharging that duty, that cannot cause detriment to the

employees. Therefore, the stand taken in Ext.P9 and reiterated in the

counter affidavit that in the absence of regularising provisional service, the

period cannot be reckoned for the purpose of increment cannot be

WPC 3388/08
:4 :

accepted.

6. Therefore, I would quash Ext.P9 and the respondents are

directed to grant increments to the petitioner reckoning the provisional

service rendered by her prior to her regular appointment.

7. Writ petition is disposed of as above.

Petitioner may produce a copy of this judgment before the

concerned respondent, who shall ensure that the judgment is complied

with.

ANTONY DOMINIC, JUDGE
Rp