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2017 Supreme(Online)(KER) 22926
HIGH COURT OF KERALA
P.V.ASHA, J
RAGI P G – Appellant
Versus
ASST EDUCATION OFFICER – Respondent
WRIT PETITION (CIVIL) 33834/2017
A school’s economic viability can impact the approval of staff appointments; however, previous approvals may still be acknowledged.
Headnote:
Employment - Writ Petition - Act Section List - Summary of the approval process for school staff appointments and the importance of economic viability in such approvals.
Fact of the Case:
The petitioner, appointed as a Lower Primary School Assistant, challenged the rejection of her appointment approval on the grounds of the school being uneconomic. Subsequent correspondence led to the approval of her appointment on daily wages for a limited period.
Finding of the Court:
The court noted the Assistant Educational Officer's approval of the petitioner's appointment and ruled for the salary to be disbursed while leaving the future appointment approval subject to the manager's fresh proposal.
Issues: Whether the rejection of appointment approval on the grounds of the school's economic status was justified and if the appointment could be validated retroactively.
Ratio Decidendi: The court emphasized the necessity for the school's manager to provide fresh proposals for ongoing appointments, highlighting the significance of economic assessments in educational staffing.
Final Decision: The writ petition was disposed of, approving the salary disbursement for the stipulated period.
J U D G M E N T
The petitioner, who was appointed as a Lower Primary School Assistant in the 5th respondent's school as per Ext.P1 order dated 08.01.2016, has filed this writ petition aggrieved by the rejection of approval of her appointment at least on daily wages. The approval to the appointment of the petitioner was rejected on the ground that the school is uneconomic.
2. After series of proceedings before various Educational Officers, the Manager had requested the Assistant Educational Officer as per Ext.P10 letter to approve the appointment of the petitioner at least on daily wages.
3. The learned Government Pleader on instructions submitted that the Assistant Educational Officer, Ranni, has issued Order No.B/5066/2016/K.Dis. dated 20.10.2017, approving the appointment of the petitioner on daily wages for the period from 08.01.2016 to 31.03.2016. 4. In the above circumstances, this writ petition is disposed of recording the submission of the learned Government Pleader. The question regarding the approval of appointment of the petitioner for the subsequent period shall be considered by the 4th respondent, in case the Manager furnishes a fresh proposal for the next academic year. There shall be a direction to the 4th respondent to disburse the salary due to the petitioner, within 'one month' from the date of receipt of a copy of this judgment.
This writ petition is disposed of accordingly.
