Allowed

Biju Joseph v. the State of Kerala

Kerala HC6 Jan 2016WP(C)/21968/2015

Case brief

AI extract

What is this about?

In this writ petition concerning salary arrears, the petitioner sought payment for periods of employment in a government-aided school where his appointment was retroactively approved. The court held that salary cannot be denied once the appointment was approved and the claim admitted, dismissing all objections regarding defective bills as no such defects were substantiated. The court directed the

What did the court decide?

The writ petition allowed. Direction issued to the Regional Deputy Director to intimate defects to the Principal if any; otherwise, direct the Principal to open the Service Book and the Deputy Directo

Biju Joseph Vs the State of Kerala — Pension and Retirement Benefits | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

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WEDNESDAY, THE 6TH DAY OF JANUARY 2016/16TH POUSHA, 1937

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WP(C).No. 21968 of 2015 (U)

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PETITIONER:

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BIJU JOSEPH, AGED 42 YEARS HIGHER SECONDARY SCHOOL TEACHER (PHYSICS) GOVT. HIGHER SECONDARY SCHOOL MALOTH KASBA, VALLIKKADAVU P. O. KASARAGOD DISTRICT, PIN 671 533.

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BY ADVS.SRI.MURALI PALLATH SRI.MAHESH V RAMAKRISHNAN SRI.JAPA BALAN OLIVER

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RESPONDENTS:

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1. THE STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, GOVT.SECRETARIAT (ANNEX) THIRUVANANTHAPURAM, PIN 695 001.

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2. THE DIRECTOR

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HIGHER SECONDARY EDUCATION DEPARTMENT HOUSING BOARD BUILDING, SANTHI NAGAR THIRUVANANTHAPURAM, PIN - 695 001.

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3. THE REGIONAL DEPUTY DIRECTOR HIGHER SECONDARY EDUCATION DEPARTMENT REGIONAL OFFICE, KANNUR, PAYYAMBALAM P.O. KANNUR, PIN - 670 002.

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4. THE PRINCIPAL

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ST. JUDES HIGHER SECONDARY SCHOOL, VELLARIKKUNDU KASARAGOD DISTRICT, PIN - 671 533.

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5. THE PRINCIPAL

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NIRMALA HIGHER SCONDARY SCHOOL, CHEMPERI KANNUR DISTRICT, PIN - 670 632.

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[CONTD....]

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WP(C).No. 21968 of 2015 (U) 2

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6. THE CORPORATE MANAGER THE CORPORATE EDUCATIONAL AGENCY ARCHDIOCESE OF TAHALSSERY, THALASSERY P.O. KANNUR DISTRICT, PIN- 670 101.

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BY ADV. SRI.BENNY GERVACIS BY GOVERNMENT PLEADER SMT. M.J. RAJASREE

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 21968 of 2015 (U)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXT.P1	-	COPY OF ORDER NO. ACD.B3/19284/HSE/02 DATED 10/08/2002.
EXT.P2	-	COPY OF PROCEEDINGS DATED 29/07/2008 ISSUED BY THE 6TH RESPONDENT.
EXT.P3	-	COPY OF ORDER NO. ACD B3.19259/HSE/01 DATED 14/08/2008 ISSUED BY THE 2ND RESPONDENT.
EXT.P4	-	COPY OF LETTER DATED 11/01/2012 ISSUED BY THE 2ND RESPONDENT.
EXT.P5-		COPY OF COMPLAINT PETITION DATED 10.08.2013 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPNODENT.
EXT.P5	-	COPY OF LETTER DATED 01/11/2014.
EXT.P7	-	COPY OF THE REPRESENTATION DATED 16/04/2015 SUBMITTED BY THE PETITIONER.

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RESPONDENTS' EXHIBITS:- NIL

//TRUE COPY//

P.A. TO JUDGE

K. VINOD CHANDRAN, J.

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W.P(C). No.21968 of 2015-U

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---------------------------------Dated this the 6^th day of January, 2016

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JUDGMENT

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The writ petition highlights the peculiar circumstance in which the petitioner, who worked as an HSST (Junior) (Physics) in the 4^th respondent School, has raised a claim for the salary payable during that period.

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The petitioner had been appointed as an HSST(Physics) on 11.08.2000 at the St.Jude's Higher Secondary School, Vellarikundu,

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Kasaragod under the respondent Corporate Management. The same was found to be

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overlooking the seniority of one Lizy Thomas, who was working in St.Sebastian's Higher

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W.P(C). No.21968 of 2015-U

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Secondary School, Velimanam, Kannur. In such circumstance, the Corporate Management appointed Smt.Lizy Thomas as HSST (Physics) in St.Jude's Higher Secondary School, Vellarikundu, Kasaragod with effect from 11.08.2000 to 04.07.2001 and Sri.Biju Joseph was retrospectively given appointment as HSST (Junior) (Physics) in the said period

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Subsequently, he was transferred as HSST (Physics) in St.Sebastian's Higher Secondary School, Velimanam, Kannur under the very same Corporate Management. While the approval of appointment of the petitioner was pending before the Educational Authorities, the petitioner is said to have obtained an employment under the Government, upon which, he left the services under the Corporate

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W.P(C). No.21968 of 2015-U

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Management on 21.01.2002.

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The petitioner's appointment was approved by Ext.P3. But however, the claim for salary was declined between 11.08.2000 to 04.07.2001 by Ext.P3 order dated 14.08.2008. Subsequently, by Ext.P4 dated 11.01.2012, the claim for salary for the above period was also admitted by the Government. The petitioner is before this Court, claiming disbursement of the salary due to him as HSST (Junior) between 11.08.2000 to 04.07.2001 and as HSST between 05.07.2001 to 21.01.2002.

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The learned Government Pleader submits on

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instructions that the Bills submitted by the 4^th respondent were defective and that the Principal has also not forwarded the Service Book of the petitioner. The learned counsel

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W.P(C). No.21968 of 2015-U

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appearing for respondents 4 to 6 would contend that till date, they have not received any communication as to any defects noticed in the Bills. It is also submitted that the Service Book was not opened, since the petitioner's appointment was pending approval and the same was approved only by Ext.P3 dated 14.08.2008, by which time, the petitioner had gone out of service. It is only in such circumstance, that a Service Book had not been opened by the Principal.

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Whatever the circumstance, the petitioner, who had worked, cannot be denied the salary between 11.08.2000 and 21.01.2002, especially when his appointment has been approved by the educational authorities and the salary claim also admitted as per Ext.P4 for

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W.P(C). No.21968 of 2015-U

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the entire period. Hence, if any defect is noticed in any of the Bills sent by the Principal, then the 3^rd respondent shall

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intimate the same to the Principal within a period of two weeks from the date of receipt of

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the certified copy of this judgment. The Principal shall, if so intimated, cure the defects and open a Service Book and forward the same to the 3^rd respondent. If no defects are intimated, immediately after the expiry of the two weeks' period, the Principal shall open a Service Book and send it to the 3^rd respondent so as to enable disbursement of the salary due to the petitioner. The entire exercise by the 3^rd respondent shall be completed within three months from the date of receipt of the Service Book by the 3^rd respondent and the salary due

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W.P(C). No.21968 of 2015-U

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disbursed.

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The writ petition would stand allowed. No

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costs.

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Sd/-

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K. VINOD CHANDRAN,

JUDGE.

//True Copy//

P.A. to Judge.

sp/06/01/16

Biju Joseph v. the State of Kerala

Case brief

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Biju Joseph v. the State of Kerala

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