Allowed

V.N.Babu v. the State of Kerala

Kerala HC13 Jan 2016WP(C)/6351/2015

Case brief

AI extract

What is this about?

This Court allowed a writ petition seeking promotion as Headmaster. The Court quashed an order declining retrospective approval of an appointment made to comply with an interim order. The petitioner is entitled to salary, allowances, and deemed superannuation from the vacancy date.

What did the court decide?

Approval of appointment as Headmaster from 01-06-2014; arrears of salary and allowances to be paid by Government; deemed superannuation for pension.

V.N.Babu 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 13TH DAY OF JANUARY 2016/23RD POUSHA, 1937

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WP(C).No. 6351 of 2015 (T)

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PETITIONER(S):

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V.N.BABU,AGED 55 YEARS,SON OF NANU, HIGH SCHOOL ASSISTANT, S.D.P.Y. BOYS HIGH SCHOOL PALLURUTHY, KOCHI-682 006.

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BY ADVS.SRI.V.A.MUHAMMED SRI. V.K.GOPALAKRISHNAN

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RESPONDENT(S):

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

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2. THE DIRECTOR OF PUBLIC INSTRUCTIONS,JAGATHY, THIRUVANANTHAPURAM-695 014.

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3. THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM AT KAKKANAD-682 030.

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4. THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM-682 011.

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5. THE MANAGER,S.D.P.Y. SCHOOLS, PALLURUTHY, KOCHI-682 006.

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6. SMT.MAYA K.P.,TEACHER-IN-CHARGE, S.D.P.Y. BOYS HIGH SCHOOL, PALLURUTHY, KOCHI-682 006.

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R6 BY ADV. SRI.P.B.SAHASRANAMAN R6 BY ADV. SRI.T.S.HARIKUMAR R5 BY ADV. SMT.V.RENJU R BY GOVERNMENT PLEADERSRI. M.A FAYAZ

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-01-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 6351 of 2015 (T)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT.P1: TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE MANAGER DATED 03.04.2014.

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EXT.P2: TRUE COPY OF THE ORDER NO.B2-3073/2014/K.DIS. DATED 19.09.2014 OF THE 4TH RESPONDENT.

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EXT.P3: TRUE COPY OF THE ORDER NO.B2/18978/14/K.DIS. DATED 20.02.2015 OF THE DEPUTY DIRECTOR.

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EXT.P4 COPY OF THE PROCEEDINGS OF THE MANAGER DTD. 28.3.15

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EXT.P5 COPY OF THE ORDER NO.B2/6032/2015 DATED 14.09.2015 OF THE 4TH RESPONDENT.

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EXT.P6 COPY OF THE REVISION PETITION FILED BEFORE THE GOVT. DATED 30.09.15 WITHOUT EXHIBIT.

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RESPONDENT(S)' EXHIBITS

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EXT.PR5(1) COPY OF THE APPEAL FILED BY THE 5TH RESPONDENT BEFORE THE 3RD RESPONDENT.

// TRUE COPY //

P.A TO JUDGE

K. VINOD CHANDRAN, J.

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=====================

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W.P.(C) No.6351 of 2015 - T

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======================

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Dated this the 13^th day of January, 2016

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J U D G M E N T

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The petitioner is aggrieved with Ext.P5 order of the District Educational Officer, wherein, the approval of his appointment as Headmaster has been declined.

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The learned Counsel for the Manger and the

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learned Government Pleader submits that the petitioner has already moved a revision before the Government and the same could be considered. However, looking at the peculiar facts in

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the above case, it is only proper that this Court consider the issue in the writ petition.

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The petitioner was the admitted senior-most H.S.A in the 5^th respondent school, who was entitled to be appointed as Headmaster in the vacancy, which arose on 01.06.2014. However, the Manager appointed the 6^th

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W.P.(C) No.6351 of 2015 - T

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respondent, which appointment was declined approval by Ext.P2 order of the D.E.O. The Manager filed an appeal from the above order, which was rejected by Ext.P3 dated 20.02.2015. Immediately thereafter, the above writ petition was filed on 26.02.2015 seeking implementation of Ext.P3 order and the appointment of the petitioner as the Headmaster, especially since, the petitioner was slated to retire on 31.03.2015. This Court by an interim order dated 11.03.2015, directed the Manger to appoint the senior-most qualified teacher as Headmaster, within a period of one week. The Manager is said to have appointed the petitioner as the Headmaster, just three days prior to his retirement. However, the retrospective approval of promotion of the petitioner stood declined by Ext.P-5.

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The learned Government Pleader submits that as per Rule 62 of XIVA Kerala Education Rules, 1959 and Rule 60C of Part I K.S.R, a person, whose date of superannuation

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W.P.(C) No.6351 of 2015 - T

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comes in the midst of the academic year would be entitled to continue for the academic year, with entitlement only for salary. The petitioner having been promoted,just three days prior to the end of the academic year, which was after the date of his superannuation, the educational authority could not have done otherwise. The appointment order for approval was also submitted beyond the 15 days period as stipulated in Rule 8 of Chapter XIVA of the K.E.R., is the further contention.

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As noticed at the out set, the peculiar

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circumstance in the above case would indicate that the petitioner was declined appointment as Headmaster, despite he being been qualified for such appointment, when the vacancy arose on 01.06.2014, the date on which the academic year commenced. The petitioner had not reached the age of superannuation at that point of time and if he had been appointed as Headmaster on 01.06.2014, despite the fact that his superannuation date happens to be in the midst of the

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W.P.(C) No.6351 of 2015 - T

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academic year; the petitioner would be continued as Headmaster till 31.03.2015. In such circumstance, the delay in submission of the appointment order for approval was also only by reason of the illegal denial of promotion by the Manager.

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It is also to be noticed that the appointment made of the petitioner, was in consonance with the order of the educational authorities as indicated at Exts.P2 and P3 and had been made only by virtue of the interim order issued by this Court in the above writ petition. In such circumstance, the educational authorities have to approve the appointment made at Ext.P4, without looking into the delay caused, which is only in the peculiar circumstances arising in the above case. The petitioner would also be entitled to the salary and allowances due to a Headmaster from 01.06.2014 and if the other person has been paid the salary of the Head Master, the difference payable to the petitioner as a Headmaster; who was

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W.P.(C) No.6351 of 2015 - T

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continuing as H.S.A shall be paid by the Government and the said amounts recovered from the Manager under Rule 7 or Chapter III of K.S.R. The petitioner would also be deemed to have superannuated as a Headmaster for the purpose of pensionary benefits. The arrears shall be disbursed, within a period of four months from the date of production of a certified copy of this judgment. Ext.P-5 would stand set aside and the educational authority, the 4^th respondent would pass orders approving the appointment of the petitioner as Headmaster, with retrospective effect from 01-06-2014.

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The writ petition would stand allowed. No costs.

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Sd/-

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K. VINOD CHANDRAN, JUDGE

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SB/14 01/2016

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P.A to Judge.

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// true copy //

V.N.Babu v. the State of Kerala

Case brief

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V.N.Babu v. the State of Kerala

Case brief

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