Allowed

Shijulal B.R. v. State of Kerala

Kerala HC17 Dec 2016WP(C)/21515/2011

Case brief

AI extract

What is this about?

The Court directed the Manager to pay financial benefits for a delay period and the Government to pay arrears from the official appointment date, relying on a previous judgment that vested rights from the cut-off date.

What did the court decide?

The 4th respondent (Manager) to pay financial losses from cut-off date to actual appointment; the Government to pay arrears from actual appointment date; the 2nd respondent to calculate and recover th

Shijulal B.R. Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶4

SATURDAY, THE 17TH DAY OF DECEMBER 2016/26TH AGRAHAYANA, 1938

¶5

WP(C).No. 21515 of 2011 (L)

¶6

PETITIONER(S) :-

¶7

SHIJULAL.B.R., LAB ASSISTANT, MUTHARAMMAN COIL HIGHER SECONDARY SCHOOL, KOTTUKALKONAM, KATTACHALKUZHI.P.O., THIRUVANANTHAPURAM RESIDING AT : KRISHNA KRIPA, KOTTUKALKONAM, KATTACHALKUZHI.P.O., BALARAMAPURAM, THIRUVANANTHAPURAM - 695 509.

¶8

BY ADVS.SRI.MURALI PURUSHOTHAMAN SRI.DEEPU LAL MOHAN

¶9

RESPONDENT(S) :-

¶10

1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

¶11

2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, O/O.DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM - 695 001.

¶12

3. THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, CORPORATION BUILDING, PALAYAM, THIRUVANANTHAPURAM - 695 033.

¶13

4. THE MANAGER, MUTHARAMMAN COIL HIGHER SECONDARY SCHOOL, KOTTUKALKONAM, KATTACHAL KUZHI.P.O., BALARAMAPURAM, THIRUVANANTHAPURAM - 695 509.

¶14

5. THE PRINCIPAL, MUTHARAMMAN COIL HIGHER SECONDARY SCHOOL, KOTTUKALKONAM, KATTACHAL KUZHI.P.O., BALARAMAPURAM, THIRUVANANTHAPURAM - 695 509.

¶15

R1 - R3 BY SR.GOVERNMENT PLEADER SRI.BIJOY CHANDRAN

¶16

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-12-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶17

jvt

¶18

W.P.(C) No.21515 OF 2011

¶19

APPENDIX

¶20

PETITIONER'S EXHIBITS :-

¶21

EXT.P1 :- THE PHOTOCOPY OF THE ORDER OF APPOINTMENT No.40/97 DATED 30.6.1997 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

¶22

EXT.P2 :- COPY OF THE APPOINTMENT ORDER No.50/97 DATED 30.9.1997 ISSUED BY THE 4TH RESPONDENT.

¶23

EXT.P3 :- COPY OF THE ORDER No.ET5/78937/2000/DPI D.dis DATED 27-10-2000 ISSUED BY THE DIRECTOR OF PUBLIC INSTRUCTION.

¶24

EXT.P4 :- COPY OF G.O (MS)No.241/2000/G/Edn DATED 26.7.2000.

¶25

EXT.P5 :- COPY OF THE INTERIM ORDER DATED 14.7.2003 IN W.P(C) No.19614/2003.

¶26

EXT.P6 :- COPY OF THE INTIMATION No.Acd.B5/2047/2004/HSE OF THE DIRECTOR OF HIGHER SECONDARY EDUCATION DATED NIL.

¶27

EXT.P7 :- COPY OF G.O (MS)No.79/2003/G.Edn DATED 28.3.2003.

¶28

EXT.P8 :- COPY OF THE GOVERNMENT ORDER G.O (MS) No.354/2004/G.Edn DATED 26.11.2004.

¶29

EXT.P9 :- COPY OF THE APPOINTMENT ORDER No.40/2004-05 DATED 13.9.2004 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

¶30

EXT.P10 :- COPY OF THE STATEMENT OF CHANGE OF STAFF ISSUED BY THE 4TH RESPONDENT.

¶31

EXT.P11 :- COPY OF THE JOINING REPORT ISSUED TO THE PETITIONER DATED 14.9.2004 BY THE TEACHER IN-CHARGE OF THE SCHOOL.

¶32

EXT.P12 :- COPY OF THE CIRCULAR No.Acd.B1/5872/HSE/2003 DATED 9.12.2004 ISSUED BY THE 2ND RESPONDENT.

¶33

EXT.P13 :- COPY OF THE ILLED IN PERFORMA DATED 15-12-2004 FOR APPROVAL OF APPOINTMENT OF LAB ASSISTANTS SUBMITTED BY THE MANAGER.

¶34

EXT.P14 :- COPY OF THE ORDER No.ACD.B5/2047/HSE/2003 DATED 31.3.2005 ISSUED BY THE 2ND RESPONDENT.

¶35

EXT.P15 :- COPY OF THE ORDER No.B4/3978/05 DATED 12.7.2004 ( Sic 12.7.2005).

¶36

EXT.P16 :- COPY OF THE GOVERNMENT ORDER G.O (Rt) No.3172/2005/G.Edn DATED 25.6.2005.

¶37

EXT.P17 :- COPY OF ORDER No.B5/31550/04/K.Dis DATED 16.3.2006 ISSUED BY THE DEPUTY DIRECTOR OF EDUCATION.

¶38

W.P.(C) No.21515 OF 2011

¶39

EXT.P18 :- COPY OF THE ORDER No.B5/7321/05/K.Dis DATED 16.3.2006 ISSUED BY THE 3RD RESPONDENT.

¶40

EXT.P19 :- COPY OF THE PETITION No.23755/N2/08/G.Edn DATED 17.4.2008 SUBMITTED BY THE PETITIONER.

¶41

EXT.P20 :- COPY OF LETTER No.AA/23440/Info/2008 DATED 21.5.2008.

¶42

EXT.P21 :- COPY OF THE LETTER No.B4/3748/08 DATED 5.1.2009 ISSUED BY THE DISTRICT EDUCATIONAL OFFICER, NEYYATTINKARA. EXT.P22 :- COPY OF THE LETTER No.ET5/29853/08/DPI-I/K.dis DATED 14.3.2009 ISSUED BY THE DIRECTOR OF PUBLIC INSTRUCTION.

¶43

EXT.P23 :- COPY OF THE LETTER No.21828/T1/2009/G.Edn DATED 29.4.2009 OF THE STATE PUBLIC INFORMATION OFFICER, GENERAL EDUCATION DEPARTMENT ADDRESSED TO THE PETITIONER. EXT.P24 :- COPY OF THE LETTER No.21828/T1/2009/G.Edn DATED 29.4.2009 OF THE STATE PUBLIC INFORMATION OFFICER; GENERAL EDUCATION DEPARTMENT ADDRESSED TO THE DIRECTOR OF HIGHER SECONDARY EDUCATION.

¶44

EXT.P25 :- COPY OF THE LETTER No.ACDB5/2047/05/HSE DATED 29.5.2009 OF THE 2ND RESPONDENT ADDRESSED TO RESPONDENTS 4 AND 5. EXT.P26 :- COPY OF THE LETTER No.ACDB5/4644/09/HSE DATED 14.10.2009 OF THE 2ND RESPONDENT ADDRESSED TO THE PETITIONER.

¶45

EXT.P27 :- COPY OF THE REPORT OF THE PRINCIPAL OF THE SCHOOL DATED 23.6.2009 SUBMITTED BEFORE THE DIRECTOR, HIGHER SECONDARY EDUCATION.

¶46

EXT.P28 :- COPY OF THE LETTER No.ACDB5/4644/09/HSE DATED 24.11.2009 OF THE 2ND RESPONDENT ADDRESSED TO THE PETITIONER. EXT.P29 :- COPY OF LETTER No.64514/T1/2009/G.EDN DATED 7.11.2009 OF THE 1ST RESPONDENT ADDRESSED TO THE PETITIONER.

¶47

EXT.P30 :- COPY OF THE JUDGMENT DATED 27.5.2010 IN W.P.(C) No.19614/2003 OF THIS HON'BLE COURT.

¶48

EXT.P31 :- COPY OF THE ORDER No.B4/4210/10 DATED 20.10.2010 ISSUED BY THE DISTRICT EDUCATIONAL OFFICER, NEYYATTINKARA.

¶49

EXT.P32 :- COPY OF THE PETITION DATED 4.12.2010 FILED BY THE PETITIONER BEFORE THE GRIEVANCE REDRESSAL CELL OF THE HON'BLE CHIEF MINISTER.

¶50

EXT.P33 :- COPY OF THE PETITION DATED 10.1.2011 SUBMITTED BY THE PETITIONER BEFORE THE HON'BLE MINISTER FOR EDUCATION.

¶51

W.P.(C) No.21515 OF 2011

¶52

EXT.P34 :- COPY OF THE LETTER No.8812/T1/2011/G.Edn DATED 17.2.2011 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT.

¶53

EXT.P35 :- COPY OF THE JUDGMENT DATED 15.6.2009 OF THIS HON'BLE COURT IN W.P.(C)No.34049/2006. EXT.P36 :- COPY OF ORDER No.Acd.B3/902/HSE/2007 DATED 23.8.2011 ISSUED BY THE 2ND RESPONDENT. EXT.P37 :- COPY OF G.O.(Rt)No.1089/2012/GEDN DATED 6.3.2012.

¶54

RESPONDENT'S EXHIBITS :- NIL

¶55

//TRUE COPY//

¶56

P.A. TO JUDGE

¶57

ANU SIVARAMAN, J.

¶58

-------------------------------

¶59

W.P.(C) No.21515 of 2011

¶60

Dated this the 17^th day of December 2016

¶61

J U D G M E N T

¶62

The petitioner is working as Lab Assistant in an aided school managed by the 4^th respondent. It is submitted that he was appointed as Peon in the School with effect from 30.6.1997 and the said appointment was duly approved. When a vacancy of Lab Assistant arose on 6.6.2001, though the petitioner was fully qualified for appointment, the Manager appointed his daughter, one K.J.Sulatha. Approval for the said appointment was rejected by Ext.P6 order. Thereafter the petitioner was appointed as Lab Assistant with effect from 14.9.2004. Approval was not granted for this appointment, apparently on the reason that the said appointment was after the cut off date, that is; on 28.3.2003. The petitioner contends that he was entitled for appointment with effect from the date on which the Manager appointed Smt.K.J.Sulatha on 6.6.2001 and therefore, his appointment is well within the cut off date fixed, that is; 28.3.2003.

¶63

Heard the learned counsel for the petitioner and the learned Government Pleader.

¶64

W.P.(C) No.21515 of 2011

¶65

-: 2 :-

¶66

Learned counsel for the petitioner contends that the question raised in this writ petition is squarely covered by a decision of this Court in the judgment in W.P.(C) No.34049 of 2006, which is produced as Ext.P35, wherein, it was found that since the petitioner therein was entitled to appointment before 28.3.2003, the stand taken by the Government that the actual appointment was after the cut off date to deny approval for the appointment cannot be countenanced. In the above view of the matter, this Court had in Ext.P35 judgment quashed the order passed by the first respondent therein and the third respondent was directed to submit a fresh proposal for filling up the vacancy earmarked in the 25% quota by appointing the petitioner therein with effect from 28.3.2003.

¶67

It is submitted by the learned Government Pleader that an appeal was preferred against Ext.P35 judgment by the Department, which came to be disposed of confirming the above judgment, but with a modification that the salary for the period from 28.3.2003 to the date of actual appointment of the petitioner therein should be paid by the Manager since it was only due to the fault of the Manager that the appointment was delayed.

¶68

W.P.(C) No.21515 of 2011

¶69

-: 3 :-

¶70

In the instant case, the petitioner was appointed by the Manager on 14.9.2004. In view of the findings contained in Ext.P35 judgment, the petitioner is entitled to appointment against 25% quota with effect from 28.3.2003.

¶71

In the above view of the matter, I am of the opinion that the refusal of consequential monetary and other service benefits on the ground that the appointment was made only on 14.9.2004 cannot be sustained. Therefore, the 4^th respondent Manager is directed to pay all financial benefits, which the petitioner would have got had he been appointed on 28.3.2003, personally. However, since the Manager had made the appointment on 14.9.2004, his liability to pay financial loss to the petitioner will be only with effect from 28.3.2003 to 14.9.2004. The Government will pay arrears of salary and other benefits to the petitioner with effect from 14.9.2004 onwards, after the approval of his appointment as Lab Assistant with effect from that date. The 2^nd respondent is directed to work out the financial benefits that the petitioner has lost on account of his delayed posting on 14.9.2004 and recover the said amount from the Manager and pay it to the petitioner within a period of two months from the date of receipt of a copy of this judgment. The petitioner should be granted

¶72

W.P.(C) No.21515 of 2011

¶73

-: 4 :-

¶74

whatever benefits he is entitled for the post he held, that is; Peon post, prior to his promotion until 14.9.2004.

¶75

This writ petition is disposed of as above.

¶76

Sd/ANU SIVARAMAN JUDGE

¶77

Jvt/19.12.16

Shijulal B.R. v. State of Kerala

Case brief

What is this about?

What did the court decide?

Shijulal B.R. v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Joshy Chiramal Vs the Kerala State Financial Enterprises

D.Vishnu Nampoothiri Vs Kerala State Electricity Board

Ramesh Ramakrishnan Vs Public Service Commission

Beena Varghese Vs the State of Kerala

Babu.K.Damodar Vs the Chairman, Coffee Board

M.K.Unnikrishnan Vs the Kerala State Electricity Board