Petitioners, senior specialist teachers, sought quashing of orders abolishing their posts and direction to release withheld salary. Court held orders unsustainable, allowing petition and directing salary payment with consequential benefits.
Directions to pay salary due from June 2016 to March 2017 and grant consequential service benefits.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942
WP(C).No.12129 OF 2019(M)
PETITIONERS:
1 PRABHULLA CHANDRAN.M AGED 53 YEARS S/O. MADHAVAN, PHYSICAL EDUCATION TEACHER, SIVAGIRI HIGHER SECONDARY SCHOOL, SRINIVASAPURAM P.O , VARKALA-695 145, RESIDING AT MADHAVEEYAM, VATTAPLAVINMOOD, SRINIVASAPURAM P.O, VARAKALA, THIRUVANANTHAPURAM-695 145
2 D. AJAYAKUMAR, AGED 53 YEARS S/O. G. DEVADASAN, DRAWING TEACHER, SIVAGIRI HIGHER SECONDARY SCHOOL, SRINIVASAPURAM P.O, VARAKALA-695 145, RESIDING AT ABHISHEKAM, MEL VETTOOR P.O, VARKALA, THIRUVANANTHAPURAM-695 312.
BY ADVS. SRI.S.MUHAMMED HANEEFF SRI.M.H.ASIF ALI SMT.SHAIMA VAHAB
RESPONDENTS:
1 THE CORPORATE MANAGER SREE NARAYANA DHARMA SANGHOM TRUST, SIVAGIRI MUTT, VARAKALA, THIRUVANANTHAPURAM-695 145
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5 STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001
R1 BY ADV. SRI.M.V.THAMBAN R1 BY ADV. SMT.THARA THAMBAN R1 BY ADV. SRI.R.REJI R1 BY ADV. SRI.B.BIPIN R1 BY ADV. SRI.ARUN BOSE SRI.P.M.MANOJ, SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
This writ petition is filed seeking the following prayers:
“(i) Call for the records leading up to Exts P4 and quash the same, by issuing a writ of certiorari or any other appropriate writ order or direction.
(ii) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the 2nd respondent to release the salary due to the petitioners from June 2016 to March 2017 and regularize the service during that period and grant all consequential service benefits, within the timeframe fixed by this Hon'ble Court.”
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was issued finding that there is insufficient students strength for
continuing the posts held by the petitioners and the said posts were abolished. It is contended that the Manager as well as the teachers had taken up the matter of abolition of the posts and Exts.P2 and P4 orders were passed.
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in the 10th standard also for deciding the availability of specialist posts in high schools. It is on that ground that the revision submitted by the Manager has been dismissed.
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Ext.P8 revised curriculum would show that there was one period each of work available in the Art Education and Health and Physical Education in the high school section in the 10th standard and that if the said periods are also taken note of, there would have been no necessity for the abolition of the posts by Ext.P1 or for the sending out of the petitioners as protected teachers at all.
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working as Physical Education Teacher and Drawing Teacher from 16.08.1985 and 20.09.1990 respectively. It is submitted that the Educational Authorities have abolished the posts of Physical Education Teacher and Drawing Teacher in the Sivigiri HSS as also in the AVHSS Kurichy in the academic year 2015-16. It is stated that the salary of the Physical Education Teacher working in the AVHSS Kurichy had been uninterruptedly granted by the respondents and that the salary of the petitioners alone was withheld from June 2016 to March 2017 on the ground that the declaration was submitted only in March 2017. It is further submitted that if the posts available in class 10 is also taken note of for the sanction of the posts of specialist teachers in the academic year 2015-16, there would be posts to accommodate the petitioners. The respondents have also produced documents to show the period allocation and the full copy of the staff fixation order to contend that there were sufficient periods available to accommodate the petitioners in the academic year 2015-16.
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work per week in the concerned subject. It is stated that the declaration was belatedly submitted by the Corporate Manager which is the reason why the pay of the petitioners from June 2016 to March 2017 was withheld. It is further stated that 5 periods of work were available to the 1st petitioner in the year 2017-18 by including the 10th standard period and he was recalled to the school on 16.09.2017. With regard to the 2nd petitioner, he could not be recalled because there was less than 5 periods even including the 10th standard periods. It is further submitted that there are no Government Orders in force which permit the reckoning of the periods in the 10th standard for the staff fixation in respect of specialist teachers.
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10th standard is also taken into account and with regard to the Drawing Teacher, the 5 periods of work would be available if the pooling arrangement is taken note of. However, in Ext.P2 as well as Ext.P4 Government Order, the contention is that the number of periods of work per week which is available in the 10th standard cannot be taken note of due to want of Government Orders on the subject. It is in reply to this contention that Ext.P8 time table in respect of the academic year 2015-16 is produced by the petitioners that would clearly show that there was a period of work available per week in the 10th standard as well for the year in question. If that be so, I fail to see how the contention can be taken by the Government that the available period of work is not liable to be taken note of for the fixation of staff specifically with regard to specialist teachers in the absence of any Government Order specifically stating that such period available in the 10th standard is not to be reckoned for staff fixation. The contention that the said period is liable to be omitted cannot be accepted.
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refusal to release salary due to the petitioners is that the declaration
was submitted belatedly. The Manager had availed the statutory remedy against Ext.P1 staff fixation order. The declaration was also submitted on 05.12.2016 by Ext.P5. The said declaration was found to be defective and returned for rectification of the defects. The rectified declaration was submitted on 04.03.2017. In the above factual situation, the refusal to release the pay and allowances to the protected teachers on the ground that the declaration was belated cannot be accepted.
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the part of the respondents to grant pay and allowances to the petitioners for the period from June 2016 to March 2017 on the ground that the declaration was submitted belatedly cannot be accepted.
The writ petition is therefore allowed. Exts.P2 and P4 orders are set aside. There will be a direction to the respondents to pay the salary due to the petitioners for the period from June 2016 to March 2017 and to grant them all consequential benefits. The necessary shall be done within a period of two months from the date of receipt of a copy of this judgment.
Sd/-
ANU SIVARAMAN
JUDGE
NP
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APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | A TRUE COPY OF THE STAFF FIXATION ORDER FOR SIVAGIRI HSS, VARKALA FOR THE ACADEMIC YEARS 2015-16 ISSUED BY THE 2ND RESPONDENT. |
|---|---|
| EXHIBIT P2 | A TRUE COPY OF THE ORDER BEARING NO. R.A. (1)/1913/2017/D.P.I/K.DISDT. 06.07.2017 ISSUED BY THE 4TH RESPONDENT. |
| EXHIBIT P3 | A TRUE COPY OF THE REVISION PETITION BEARING NO. SM/SHS/17-18/41 DR. 01.08.17. |
| EXHIBIT P4 | A TRUE COPY OF THE ORDER BEARING NO. G.O(P) 381/2019/G.EDN. DT. 28.01.2019 ISSUED BY THE 5TH RESPONDENT. |
| EXHIBIT P5 | A TRUE COPY OF THE DECLARATION SUBMITTED BY THE 1ST RESPONDENT VIDE COMMUNICATION BEARING NO. SM/SHS/16-17/72 DT. 05.12.2016. |
| EXHIBIT P6 | A TRUE COPY OF THE COMMUNICATION BEARING NO. B(4)/26305/2016 DT. 22.12.2016 ISSUED BY THE 4TH RESPONDENT TO THE 1ST RESPONDENT. |
| EXHIBIT P7 | A TRUE COPY OF THE DECLARATION DT. 04.03.17 SUBMITTED BY THE 1ST RESPONDENT. |
| EXHIBIT P8 | A TRUE COPY OF THE COMMUNICATION BEARING NO. Q.I.P. (2) /29920/15/D.P.I DT. 06.06.2015 ISSUED BY THE 4TH RESPONDENT. |
RESPONDENT'S/S EXHIBITS:
| EXHIBIT R1(a) | TRUE COPY OF THE | G.O. DATED 14.03.1991 |
|---|---|---|
| EXHIBIT R1(b) | TRUE COPY OF THE DATED 25.11.1991 |
GO(RT) 3535/91 G E |
| EXHIBIT R1(c) | TRUE COPY OF THE DATED 06.04.92 |
G.O.(RT) NO.1248/92/GE |
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EXHIBIT R1(d) TRUE COPY OF THE G.O.(MS) 390/02/GE DATED 27.11.2002 EXHIBIT R1(e) TRUE COPY OF THE STAFF FIXATION ORDER SHOWING THE NUMBER OF SANCTIONAL DIVISIONS
2 issues framed by the court
Whether the demolition of posts and non-payment of salary to senior specialist teachers was legal given the interpretation of period allocation rules.
Whether refusal to grant salary and consequential benefits to protected teachers due to delayed declaration submission was sustainable in law.
Prabhulla Chandran.M
D. Ajayakumar
Corporate Manager Sree Narayana Dharma Sanghom Trust
District Educational Officer, Attingal
Deputy Director of Education, Thiruvananthapuram
State of Kerala
Anu Sivaraman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
