Petitioner sought salary and benefits based on an approved service order. Respondents argued the order was erroneous but remained valid. The Court held respondents cannot unilaterally deny benefits and directed payment.
Directed respondents to pay petitioner's salary and consequential benefits within one month from the date of receipt of this judgment.
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 MR. JUSTICE DEVAN RAMACHANDRAN
TUESDAY, THE 08TH DAY OF SEPTEMBER 2020 / 17TH BHADRA, 1942
WP(C).No.16037 OF 2020(D)
PETITIONER:
VINU PAUL, AGED 34 YEARS, S/O. M.V PAULOSE, UPPER PRIMARY SCHOOL ASSISTAT, EBENEZER HSS, VEETTOR, MUVATTUPUZHA, ERNAKULAM DISTRICT - 686669, (RESIDING AT MECKKAMKUNNEL HOUSE, KIZHAKKAMBALAM P O, ERNAKULAM DISTRICT - 683562)
BY ADVS. SRI.V.A.MUHAMMED SRI.M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEX -II, THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF GENERAL EDUCATION JAGATHY, THIRUVANANTHAPURAM- 695014. 3 THE DEPUTY DIRECTOR OF EDUCATION, KAKKANAD, ERNAKULAM DISTRICT - 682030.
4 THE DISTRICT EDUCATIONAL OFFICER, MUVATTUPUZHA, ERNAKULAM DISTRICT - 686673.
5 THE MANAGER, EBENEZER HSS, VEETTOR, MUVATTUPUZHA, ERNAKULAM DISTRICT - 686669.
6 THE HEADMASTER, EBENEZER HSS, VEETTOR, MUVATTUPUZHA, ERNAKULAM DISTRICT - 686669.
BY ADV. SRI. NISHA BOSS SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.09.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.16037 OF 2020 2
JUDGMENT
The petitioner seeks that his salary and
other benefits consequent, to Ext.P1
approval of his service, be directed to be paid to him at the earliest.
Government Pleader, Smt.Nisha Bose,
submitted that Ext.P1 order approving the service of the petitioner from 01/06/2010 to 31/05/2011 appears to have been made in error and therefore, that certain
clarifications have been sought from the office of the DPI. She prayed that, therefore, this Court may not grant any reliefs as prayed for by the petitioner.
Smt.Nisha Bose, learned Senior Government
Pleader, it is obvious that as long as
Ext.P1 is in force, the respondents cannot deny the salary and consequential benefits to the petitioner. The only contention of
WP(C).No.16037 OF 2020 3
the learned Senior Government Pleader is
that Ext.P1 appears to have been issued in error, but the fact remains that this order was issued as early as on 18/06/2019. It is
also conceded before me by the learned
Senior Government Pleader that this order of approval still remains in force and that it has not been legally modified or vacated in any manner what so ever.
approval, based on Ext.P1 order, is still in force, I see no reason why this Court cannot direct the respondents to pay the salary and consequential benefits to the petitioner. If the Authorities have an opinion that the approval granted to the petitioner was in error, their remedy is to have the same rectified as per law and not to unilaterally deny the salary and consequential benefits, as is being presently done.
In the afore circumstances, since Ext.P1
WP(C).No.16037 OF 2020 4
approval is still in force, I direct the respondents to pay the salary and consequential benefits to the petitioner within a period of one month from the date of receipt of a copy of this judgment.
This writ petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
MC/9.9.2020
WP(C).No.16037 OF 2020 5
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.2011 AND APPROVED RECORDED THEREON. EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.2010 AND APPROVED RECORDED THEREON. EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN WP(C) NO.11492/2020 DATED 26.06.2020. MC (TRUE COPY) PA TO JUDGE
1 issue framed by the court
Whether the respondents can deny salary and benefits when the service approval order issued in error remains in force and unmodified.
VINU PAUL
THE STATE OF KERALA
THE DIRECTOR OF GENERAL EDUCATION
THE DEPUTY DIRECTOR OF EDUCATION
THE DISTRICT EDUCATIONAL OFFICER
THE MANAGER, EBENEZER HSS
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
