Allowed

State of Kerala v. Mohammed Shijeer.S

Kerala HC8 Aug 2023OP(KAT)/211/2023

Case brief

AI extract

What is this about?

This writ petition challenges an interim KAT order directing police protection for an employee facing posting difficulties. The High Court, finding the respondents amenable to the precedent set in OA(Ekm) No.154/2020, directed them to admit the petitioner for the Kannada proficiency course at CIIL Mysore if admitted.

What did the court decide?

The competent authority was directed to permit the petitioner to undergo the Kannada language proficiency course at the Central Institute of Indian Languages, Mysore, immediately after admission.

State of Kerala Vs Mohammed Shijeer.S — Pension and Retirement Benefits | Kerala HC (2023)

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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 ALEXANDER THOMAS

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THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

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TUESDAY, THE 8^TH DAY OF AUGUST 2023/17TH SRAVANA, 1945 OP(KAT) NO.211 OF 2023

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AGAINST THE INTERIM ORDER DATED 12.01.2023 IN OA (EKM) NO.991/2020 OF THE KERALA ADMINISTRATIVE TRIBUNAL, ADDITIONAL BENCH, ERNAKULAM

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PETITIONERS/RESPONDENT 1 TO 3 IN O.A:

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1 STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.

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2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM, KERALA, PIN – 695035.

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3 THE DEPUTY DIRECTOR OF EDUCATION, VIDYA NAGAR, KASARAGOD, KERALA, PIN – 671123.

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BY ADV.

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SRI.SAIGI JACOB PALATTY, SR. GOVERNMENT PLEADER

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RESPONDENTS/APPLICANT AND 4TH RESPONDENT IN O.A:

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1 MOHAMMED SHIJEER.S, S/O.K.M. SHIHABUDEEN, POSTED AS HIGH SCHOOL ASSISTANT(PHYSICAL SCIENCE) (KANNADA)., G.H.S.S. MOODAMBAIL, KASARAGOD DISTRICT AND RESIDING AT RAMEEZ MANZIL, THOPPICHANTHA, PERUMKULAM.P.O, ALAMCODE, ATTINGAL, THIRUVANANTHAPURAM, PIN – 695102.

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2 THE DISTRICT OFFICER, KERALA PUBLIC SERVICE COMMISSION, KASARAGOD, KERALA, PIN – 671121.

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O.P.(KAT) No.211/2023

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-: 2 :-

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BY ADVS. SRI.ABDUL SALIM V.M. SRI.JELSON J.EDAMPADAM SRI.P.C SASIDHARAN-SC

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THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 08.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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ALEXANDER THOMAS & C.JAYACHANDRAN, JJ.

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

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O.P.(KAT)No. 211 of 2023

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(arising out of the impugned order dated 12.01.2023 in O.A.No.991/2020 on the file of KAT, Ekm. Bench)

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======================================== Dated this the 8^th day of August, 2023

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J U D G M E N T

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Alexander Thomas, J.

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The afore-captioned Original Petition instituted under Articles 226 and 227 of the Constitution of India is directed against the impugned Ext.P6 interim order dated 12.01.2023 rendered by the Kerala Administrative Tribunal, Ernakulam Bench in O.A. (Ekm) No.991/2020.

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The petitioners herein are the respondents 1 to 3 in the O.A. R1 herein is the sole applicant in the O.A. R2 herein is R4 in the O.A.

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Heard Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for the petitioners and Sri.Jenson J.Edampadam, learned counsel appearing for the R1 herein/the Original Applicant and Sri.P.C.Sasidharan, learned Standing Counsel for the Kerala Public Service Commission appearing for R2 herein.

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OP (KAT) No.211/2023

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The main prayers in the instant Ext.P1 Original Application, O.A. (Ekm) No.991/2020 filed by R1 herein before the Kerala Administrative Tribunal, Ernakulam Bench are as follows:

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“ (1) The Hon'ble Tribunal may be pleased to allow the same benefit sanctioned to another applicant in OA(Ekm) 154/2020 (Annexure A9) as the cases are one and same. In that case, this Hon'ble Tribunal allowed the applicant to join his station where he had posted and ordered to utilise his service otherwise, until he can be sent for linguistic training at Central Institute of Indian Languages Mysore, within 10 days of receipt of order.

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(ii) The Hon'ble Tribunal may be pleased to issue an order a direction in order to change the post as High School Assistant Physical Science (Malayalam) considering the never ever possible circumstances prevailed in the Linguistic minority school (Kannada) which totally prevent the applicant in joining as High School Assistant, Physical Science (Kannada).

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(iii) The applicant may be allowed full pay and allowance for the period from the date of joining at GHSS, Moonmbail at Kasargod on 30.10.2019 to till date as the respondent failed in extending sufficient protection of timely interlocution to mitigate the issue.

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(iv) The Hon'ble Tribunal may also pleased to call for the records and verify the reason to issue such placement and postings to such, a locality when a grave situation is prevailing and a continuing agitation is going on there.

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(v) Issue any other orders or directions as this Hon'ble Tribunal deems fit and proper in the interest of justice.

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(vi) To award cost.”

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The interim prayer in Ext.P1 O.A. is as follows:

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OP (KAT) No.211/2023

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“The Hon'ble Tribunal may be pleased to issue an interim order allowing full pay and allowances from the date of reported for duty on 30.10.2019 and utilize his service otherwise until further orders, pending O.A.”

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The Tribunal after hearing both sides, has rendered the

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impugned Ext.P6 interim order dated 12.01.2023 in the above O.A.

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directing that the respondents in the O.A. shall give necessary Police aid, to facilitate the applicant to join duty at the school to which he is posted. Ext.P6 interim order dated 12.01.2023 rendered by the Tribunal in the present O.A. reads as follows:

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“ In view of the additional reply statement filed by the 3" respondent, it is conceded that the applicant was prevented from joining duty at the school to which he was posted subsequently, ie., the Government Higher Secondary School, Angadimogar in Kasaragod. Contention of the respondent seems to be that, he has to undergo Language Training Course at the Regional Language Institute at Mysore in Karnataka, by availing Leave Without Allowances, Such a stand cannot be justified. The respondents are bound to provide proper protection to the applicant, if necessary with Police aid, to facilitate him to join at the station to which he is posted. Whether the deputation of the applicant for attending Language Training at the above said institute, is necessary or not can be considered thereafter. If the respondents are of the opinion that the applicant cannot be posted to the said school, they consider him for a posting to any other in another school, without further delay.

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2. Necessary steps in this regard shall be taken by the respondents at the earliest and the compliance shall be reported to this Tribunal within a period of three weeks.”

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OP (KAT) No.211/2023

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One of the main prayers of the applicant in the O.A. is for a

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direction to allow the same benefit sanctioned to another applicant in O.A.(Ekm) No.154/2020 as per Annexure-A9 verdict. Annexure-A9 verdict of the Tribunal rendered on 28.02.2020, in O.A (Ekm) No.154/2020, reads as follows:

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“The applicant, a High School Teacher Physical Science (Kannada Medium), appointed in the linguistic minority region of Kasaragod is before this Tribunal seeking a posting to a station in the District with lesser linguistic minority inhabitants.

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2. The applicant was advised for appointment as H.S.T. Physical Science (Kannada medium) as per Annexure A1 memo dated 24.3.2018 and consequent to issuance of Annexure A2 appointment order dated 29.12.2018 the applicant joined at GHSS, Paivalike in Kasaragod district. Though the applicant joined duty at the above school, he was not permitted to conduct classes by the local linguistic minority people who objected to classes being conducted by teachers who lacked proficiency in Kannada. The applicant was accordingly transferred to GHSS, Bandadukka by Annexure A4 order, there as well the applicant was not permitted to conduct classes and was constrained to proceed on leave. The applicant has moved the authorities for either a posting at any schools in Kasaragod district where the linguistic minority were lesser in strength or in the alternative, to depute him for Kannada proficiency course.

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3. Learned Government Pleader under instructions submits that the applicant was directed to appear before the third respondent to be deputed for a proficiency course in Kannada language at the Central Institute of Indian Languages, Mysore, the applicant has not till date reported before the third respondent. A teacher appointed along with the applicant who had faced similar objections, was already deputed for language proficiency course. The above teacher has completed her course and joined duty at GHSS, Beypore. However, the applicant has not

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OP (KAT) No.211/2023

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reported before the authorities concerned and the respondents were therefore unable to send the applicant for the language proficiency course.

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4. Considering the above submission, this Tribunal by order dated 25.2.2020 directed the applicant to report before the third respondent and on the applicant reporting before the third respondent, the third respondent was directed to ensure that the applicant was deputed for the language proficiency course. It is submitted by the learned counsel for the applicant that the applicant has reported before the third respondent on 27.2.2020 but has not been sent for the language proficiency course.

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In so far as the applicant has reported before the third respondent, the third respondent will ensure that the applicant is deputed for the language proficiency course. If the applicant cannot be Immediately sent to the Central Institute of Indian Languages, Mysore for undergoing the course, the services of the applicant will be utlized elsewhere till such time as he can be sent over for the language proficiency course. Appropriate orders would be issued by the third respondent without further delay, at any rate, within a period of ten days from the date of receipt of a copy of this order.

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The Original Application is accordingly disposed of.”

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The applicant submits that he will not insist for

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enforcement of the impugned Ext.P6 interim order and that he is fully satisfied, if he is given the same benefit as granted to the incumbent covered by Annexure-A9 verdict by permitting him to undergo the ten months Kannada Proficiency language course in the Central Institute of Indian Languages, Mysore.

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Earlier we had directed the petitioners to furnish

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OP (KAT) No.211/2023

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instructions on the said plea of the petitioner. Today, when the matter was taken up for consideration, learned Senior Government Pleader would submit on the basis of instructions that the respondents in the O.A. are amenable to adopt the course in Annexure-A9 verdict in the case of the petitioner, as well. As a first step, applicant will have to take admission to the said course in the above Institution and thereafter, approach the competent authority concerned. Learned counsel for the applicant submits that the applicant has already applied for admission in the above said Institution.

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Accordingly, it is ordered that the competent authority of the petitioners in General Education department may issue necessary orders directing that the petitioner is permitted to undergo the above said Kannada language proficiency course in the Central Institute of Indian Languages, Mysore, in case he gets admission there.

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Therefore necessary steps shall be taken by the petitioner to ensure that the petitioner is deputed to undergo the above said course in the Central Institute of Indian Languages, Mysore, immediately

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OP (KAT) No.211/2023

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after he gets admission in that Institute.

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The impugned Ext.P6 interim order will stand substituted and modified as above. With these observations and directions, the above Original Petition will stand disposed of.

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Sd/-

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ALEXANDER THOMAS, JUDGE

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Sd/- C.JAYACHANDRAN, JUDGE

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APPENDIX OF OP(KAT) 211/2023

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PETITIONERS' ANNEXURES:

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ANNEXURE A1	TRUE COPY OF THE ADVICE MEMO NO.KGDI(1)/ 2432/15 DATED, 26.06.2019.
ANNEXURE A2	TRUE COPY OF APPOINTMENT ORDER PROCEEDINGS OF THE DEPUTY DIRECTOR (EDN.) KASARAGOD VIDE ORDER NO.A2/13546/2011 DATED, 10.10.2019.
ANNEXURE A3	TRUE COPY OF THE APPLICATION TO DEPUTY DIRECTOR (EDN), KASARAGOD DATED, 30.10.2019.
ANNEXURE A4	TRUE COPY OF THE LETTER TO DISTRICT COLLECTOR, KASARAGOD VIDE RECEIPT NO.162722/ 2019-L3 DATED, 30.10.2019.
ANNEXURE A5	TRUE COPY OF THE PETITION TO HONOURABLE CHIEF MINISTER OF KERALA VIDE DOCKET NO.P191000318 DATED, 31.10.2019.
ANNEXURE A6	TRUE COPY OF THE APPLICATION TO THE PRINCIPAL SECRETARY, GENERAL EDUCATION, GOVERNMENT SECRETARIAT, VIDE FIE NO.R3/204/2019 DATED, 01.11.2019.
ANNEXURE A7	TRUE COPY OF THE APPLICATION TO THE DIRECTOR GENERAL EDUCATION, THIRUVANANTHAPURAM NO. 151107/2019 DATED, 01.11.2019.
ANNEXURE A8	TRUE COPY OF INTERIM ORDER IN OA(EKM) 154/2020 DATED, 25.02.2020.
ANNEXURE A9	TRUE COPY OF FINAL ORDER IN OA(EKM) 154/2020 DATED, 28.02.2020.
ANNEXURE A10	TRUE COPY OF PRESS REPORT PUBLISHED BY MADHYAMAM DAILY ON 14.10.2019.
ANNEXURE A11	TRUE COPY OF JOINING REPORT DATED, 24.08.2022.
ANNEXURE12	TRUE COPY OF THE FIR DATED, 26.08.22 OF KUMBALA POLICE STATION.
ANNEXURE A13	TRUE COPY OF TREATMENT RECORD DATED, 26.08.2022 OF GENERAL HOSPITAL, KASARAGOD.

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OP (KAT) No.211/2023

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-2-

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ANNEXURE A14	TRUE COPY OF COMPLAINT FILED BY THE APPLICANT BEFORE THE SHO, KUMBALA POLICE STATION WITH TYPED COPY.
ANNEXURE A15	TRUE COPY OF REPRESENTATION DATED, 27.08.2022 SUBMITTED BEFORE THE 3RD RESPONDENT.
ANNEXURE A16	TRUE COPY OF LETTER NO.A2.10959/2021/DDD DATED, 27.08.2022 OF THE 3RD RESPONDENT.
ANNEXURE A17	TRUE COPY OF SUBMISSION DATED, 27.08.2022 BEFORE THE DISTRICT COLLECTOR, KASARAGOD.
ANNEXURE A18	TRUE COPY OF NEWS REPORTED BY VARIOUS DAILIES REGARDING THE INCIDENT.
ANNEXURE A19	TRUE COPY OF PHOTOGRAPH OF THE INJURIES SUSTAINED TO THE APPLICANT.
ANNEXURE A20	TRUE COPY OF REPLY TO ANNEXURE A16 SUBMITTED BY THE APPLICANT BEFORE THE 3RD RESPONDENT.
ANNEXURE R3(A)	TRUE COPY OF NON JOINING REPORT OF THE HEADMASTER CONCERNED DATED, 26.08.2022(FILE NO.02/2022-23).
ANNEXURE R3(B)	TRUE COPY OF THE ORDER NO.DDEKGD/10959/2021- A2 DATED, 19.08.2022.
ANNEXURE R3(C)	TRUE COPY OF THE SUBMISSION OF THE PETITIONER DATED, 26.09.2019.
ANNEXURE R3(D)	TRUE COPY OF LETTER NO.A2-10959/2021/DDE DATED, 27.08.2022 OF THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD ADDRESSED TO THE DISTRICT POLICE CHIEF, KASARAGOD.
ANNEXURE R3(E)	TRUE COPY OF LETTER NO.A2-10959/2021/DDE DATED, 27.08.2022 OF THE DEPUTY DIRECTOR OF EDUCATION, KASARAGOD ADDRESSED TO THE DISTRICT POLICE CHIEF, KASARAGOD.
ANNEXURE R3(F)	TRUE COPY OF THE G.O(P) NO.166/2016/G.EDN. DATED, 30.09.2016.
EXHIBIT P1	TRUE COPY OF OA(EKM) 991/2020

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OP (KAT) No.211/2023

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-3-

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EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 3RD RESPONDENT IN OA(EKM) 991/2020. EXHIBIT P3 TRUE COPY OF INTERIM ORDER DATED, 21.07.2022 OA (EKM) 991/2020. EXHIBIT P4 TRUE COPY OF REJOINDER IN OA(EKM) 991/2020. EXHIBIT P5 TRUE COPY OF ADDITIONAL REPLY STATEMENT ALONG WITH THE ANNEXURES. EXHIBIT P6 TRUE COPY OF INTERIM ORDER DATED, 12.01.2023 IN OA(EKM) NO.991/2020

State of Kerala v. Mohammed Shijeer.S

Case brief

What is this about?

What did the court decide?

State of Kerala v. Mohammed Shijeer.S

Case brief

What is this about?

What did the court decide?

What the court decided

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