Smitha Mary George vs State Of Kerala

Sathish Ninan, J.

This writ petition is filed seeking the following reliefs:

“(I) Declare that the appointment of the petitioner deserves to be approved with effect from 01.06.2009, the date of her appointment and first joining the duty:

(II) Issue a writ of mandamus or any other appropriate writ or order directing the respondents 1 to 4 to approve the appointment of the petitioner from the date of her appointment and sanction all service benefits including arrears of salary accordingly.”

The petitioner was appointed as UPSA in St.Micheal's High School, Kavil, Cherthala on 01.06.2009. The appointment was made to a promotion vacancy that arose consequent on the promotion of one Sri.Geovees.V. However, the appointment of the petitioner was approved only with effect from 06.12.2011. It is challenging the same that the petitioner has approached this Court.

According to the respondents, the appointment of the petitioner was approved only with effect from 06.12.2011 for the reason that, the promotion of Sri. Geovees.V, in whose vacancy the petitioner was appointed, was approved only with effect from 06.12.2011.

During the course of hearing, the learned counsel for the petitioner has handed over Order No.B4/45112/2023 dated 21.09.2023 of the District Educational Officer. Thereunder, the promotion of Sri.Geovees.V is approved with effect from 01.06.2009. The learned Government Pleader also asserts the correctness of the same. In the light thereof, the appointment of the petitioner is also liable to be approved with effect from 01.06.2009.

Accordingly, this writ petition is allowed. It is declared that the appointment of the petitioner as UPSA at the St.Micheal's High School, Kavil, Cherthala will stand approved with effect from 01.06.2009. Respondents to take steps for grant of service benefits accordingly.