State Of Kerala vs Suma Chandrambath Agriculture And Gardening Teacher

A.K.Jayasankaran Nambiar, J

This Writ Appeal has been preferred by the State against the judgment dated 23.02.2021 of the learned Single Judge in W.P(C).No.10127 of 2011. By the impugned judgment, the learned Single Judge took note of the fact that the writ petitioner teacher, who was appointed in a U.P School against a vacancy that was not sanctioned had been appointed as such by the Manager of the school and had worked as a teacher till such time as the Government refused approval to the said appointment effected by the Manager. Finding that the appointment of the petitioner was an irregular one effected by the Manager of the school, the learned Single Judge directed the Government to pay the eligible salary to the petitioner for the period she had actually worked in the school, and thereafter, to recover the said amount from the Manager who was solely responsible for the irregular appointment. We note that in issuing the said direction, the learned Judge relied upon the judgment of the Full Bench of this Court in Jolly v. State of Kerala [2003 (2) KLT 192].

Although it is the submission of the learned Senior Government Pleader Sri.A.J.Varghese, appearing on behalf of the appellant that there ought not to have been a direction to the Government to pay the salary of the teacher considering that her appointment was to a vacancy that was not sanctioned, and contrary to the statutory provisions, we are of the view that the directions issued by the learned Single Judge do not in any way prejudice the Government inasmuch as they have only been directed to make the payment of salary for the period actually worked by the teacher at first instance, and to recover the same from the Manager who was responsible for the alleged illegality. The teacher cannot be denied the remuneration due to her for the period actually worked more so when the irregularity in her appointment was occasioned by the manager (the appointing authority) and the irregularity detected only subsequently by the Government. We are, therefore, not inclined to interfere with the directions issued by the learned Single Judge in the impugned judgment. The Writ Appeal fails and is accordingly dismissed.