Employees appointed to posts must be granted pay approval from the date their institution meets economic criteria, irrespective of prior reservations.

JUDGMENT

Dated this the 16^th day of February, 2026 [WP(C) Nos.34617 & 35144 of 2025]

The petitioner in W.P.(C) No.34617/2025 is working as LPST in the Gurukulam L.P School, Kannur. The petitioner in W.P.(C) No.35144/2025 is working as Arabic Teacher in the same School. The petitioners have filed these writ petitions seeking to direct the 4^th respondent to provisionally approve the appointment of the petitioners in Scale of Pay from 01.06.2024 onwards, which is the day on which the School became economic and to disburse all consequential benefits.

2. I have heard the learned counsel for the petitioners and the learned Government Pleader representing respondents 1 to 4.

3. It is evident from the pleadings that when the petitioners were appointed to their respective posts, the School was uneconomic. The petitioners made requests for approval of appointment on Scale of Pay, but it was rejected by the respondents saying that the provisions of the Rights of Persons with Disabilities Act , 2016 would apply to the case of the petitioners and therefore, the requests for approval on Scale of Pay cannot be considered.

4. It is the case of the petitioners that the reservation for PwD candidate will not apply to the case of the petitioners. The School has subsequently become economic and this factor is not disputed. In such circumstances, the petitioners are entitled to approval on Scale of Pay basis with effect from the date on which the School has become economic. In this case, the School became economic on and from 01.06.2024.

In the afore circumstances, the writ petitions are disposed of directing the 4^th respondent to provisionally approve the appointments of the petitioners in their respective posts in the applicable Scale of Pay from 01.06.2024 onwards and to disburse consequential benefits to the petitioners. Consequential benefits shall be paid to the petitioners within a period of three months.

Sd/-