Disposed

R.Gopi v. State of Kerala

Kerala HC12 Oct 2021WP(C)/12637/2021

Case brief

AI extract

What is this about?

The Court disposed of a writ petition concerning the petitioner's promotion to Principal and salary dispute. It directed the Government to consider the pending revision petition within three months and ordered immediate payment of the petitioner's salary in the lower scale pending the final outcome.

What did the court decide?

Direction to consider the revision petition expeditiously within three months; immediate payment of salary in the lower scale pending final orders.

R.Gopi Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2021)

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WP(C) NO. 12637 OF 2021

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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 RAJA VIJAYARAGHAVAN V

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TUESDAY, THE 12^TH DAY OF OCTOBER 2021 / 20TH ASWINA, 1943

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WP(C) NO. 12637 OF 2021

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PETITIONER:

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R.GOPI AGED 55 YEARS SON OF G. RAGHAVAN, PRINCIPAL, SNDP HSS, NEELEESWARAM, VIA KALADY 683 574

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BY ADVS. V.A.MUHAMMED M.SAJJAD

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RESPONDENTS:

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1 STATE OF KERALA REP. BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE - II, THIRUVANANTHAPURAM-695 001

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2 THE DIRECTOR OF GENERAL EDUCATION, (HIGHER SECONDARY WING), HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-695 014

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3 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM-695 001

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4 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION ERNAKULAM

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5 THE DEPUTY DIRECTOR OF EDUCATION ERNAKULAM @ KAKKANAD-682 030

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6 THE DISTRICT EDUCATIONAL OFFICER ALUVA, ERNAKULAM DISTRICT

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7 THE MANAGER SNDP HSS, NEELEESWARAM, VIA KALADY-683 574 SRI BIJOY CHANDRAN SR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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12.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 12637 OF 2021

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JUDGMENT

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The petitioner states that he entered service in the SNDP HSS, Neeleswaram as UPSA in the year 1990 and since July, 1993, he was working as HSA (SS) in the said school. It is contended that being the senior-most with test qualification, he was made Headmaster of the school from 01.04.2019 onwards. His probation in the cadre of Headmaster was declared on 01.04.2020. The petitioner states that the school was later upgraded and posts were created which included the post of Principal. According to the petitioner, he is duly qualified for promotion to the post of Principal. Later, as per Ext.P8 order, the Manager has granted an appointment to the post of Principal to petitioner. However, the proposal is pending before the RDD and no action has been taken till date. It is contended that the petitioner has requested for payment of salary in the lower scale pending approval as Principal and submitted Exts.P10 and P11 to the RDD. Complaining of inaction, the petitioner is before this Court seeking the following reliefs:

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i) declare that the petitioner is entitled to get approval as Principal w.e.f 01.04.2020.

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ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 4th respondent to grant approval to Exhibit P8.

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iii) issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents 4 to 6 to pay the petitioner in the cadre of headmaster until he gets approval as principal.

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WP(C) NO. 12637 OF 2021

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iv) issue a writ of mandamus or other appropriate writ, order or direction commanding the 4th respondent to hear and pass orders on Exhibit P9 within a time limit with notice to the petitioner.

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Sri. M. Sajjad, the learned counsel appearing for the petitioner submitted that while the writ petition was pending consideration of this Court, the 4th respondent has informed the petitioner by Ext.P17 letter that he is not eligible for the post of Principal for want of workload in the higher secondary section. Being aggrieved the petitioner is stated to have preferred Ext.P18 revision petition before the Government which is stated to be pending. The learned counsel submitted that in view of the subsequent turn of events, the solitary prayer of the petitioner is for expeditious consideration of Ext.P18 within a time frame. It is also prayed that pending consideration of the revision petition, necessary directions be issued to disburse the salary on the lower scale.

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Heard Smt.Nisha Bose, the learned Senior Government Pleader.

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In view of the limited prayer sought by the petitioner, the notice

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to the party respondent is dispensed with.

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After having carefully evaluated the contentions raised in this writ petition, the submissions made across the Bar and the facts and circumstances, I am of the view that this writ petition can be disposed of by issuing the following directions:

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WP(C) NO. 12637 OF 2021

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a) There will be a direction to the 1st respondent to take up, consider and pass appropriate orders on Ext.P18, as per procedure and in adherence to the provisions of law, after affording an opportunity of being heard, either physically or virtually, to the petitioner and the 7th respondent.

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b) Orders, as directed above, shall be passed expeditiously, in any event, within a period of three months from the date of production of a copy of this judgment.

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c) In view of the fact that the petitioner is an approved HSA, the pay of the petitioner in the lower scale shall be released to the petitioner immediately, pending final orders on Ext.P18.

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d) It would be open to the petitioner to produce a copy of the writ petition along with the judgment before the concerned respondent for further action.

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This writ petition is disposed of.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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IAP

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WP(C) NO. 12637 OF 2021

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APPENDIX OF WP(C) 12637/2021

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PETITIONER'S EXHIBITS:

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Exhibit P1	TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 1.4.2019
Exhibit P2	TRUE COPY OF THE G.O.(RT) NO.14/2019/G.EDN DATED 6.2.2019
Exhibit P3	TRUE COPY OF THE DECISION REPORTED IN 2016(2)KLT 200
Exhibit P4	TRUE COPY OF THE G.O.(RT) NO.1260/19/G.EDN. DATED 01.04.2019
Exhibit P5	TRUE COPY OF THE G.O.(RT) NO.5014/2019/G.EDN. DATED 21.11.2019
Exhibit P6	TRUE COPY OF THE G.O.(RT) NO.1992/2020/G.EDN. DATED 16.6.2020
Exhibit P7	TRUE COPY OF THE SUBMISSION MADE BY THE PETITIONER DATED 25.3.2021 BEFORE THE MANAGER
Exhibit P8	TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED NIL
Exhibit P9	TRUE COPY OF THE LETTER DATED NIL IN THIS REGARD ADDRESSING THE RDD BY THE MANAGER
Exhibit P10	TRUE COPY OF THE LETTER DATED 11.6.2021 ADDRESSED TO THE RDD BY THE MANAGER
Exhibit P11	TRUE COPY OF THE LETTER DATED 11.6.2021 ADDRESSED TO THE RDD BY THE PETITIONER
Exhibit P12	TRUE COPY OF THE G.O.(RT) NO.4314/1998/G.EDN DATED 5.11.1998
Exhibit P13	TRUE COPY OF THE G.O.(RT) NO.1727/2017/G.EDN DATED 5.6.2017
Exhibit P14	TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.33755/2016 DATED 7.12.2016
Exhibit P15	TRUE COPY OF THE JUDGMENT IN W.P.(C)

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WP(C) NO. 12637 OF 2021

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NO.29427/2016 DATED 5.9.2016

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Exhibit P16 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.32084/2017 DATED 9.10.2017

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Exhibit P17 TRUE COPY OF THE ORDER NO.B3/3350/RDD/HSE/EKM/2021 OF THE RDD HSE, ERNAKULAM

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Exhibit P18 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT BY THE PETITIONER DATED 31/07/2021

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Exhibit P19 TRUE COPY OF THE JUDGMENT IN W.P(C) 11636/2021 DATED 23/07/2021

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RESPONDENTS' EXHIBITS:

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NIL

R.Gopi v. State of Kerala

Case brief

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R.Gopi v. State of Kerala

Case brief

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