Allowed

Susan John v. State of Kerala

Kerala HC21 Feb 2023WP(C)/4802/2023

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a writ petition filed by several teachers challenging the non-disbursement of salaries despite approved appointments. The Court quashed discriminatory orders, declared the petitioners entitled to arrears, and directed the relevant government officials to pay salaries and service benefits within two months.

What did the court decide?

Quashed Exhibit P13; declared entitlement to salary from 14.2.2022; directed respondents 1-3 to ensure salary payment; directed 3rd respondent to pay arrears within two months.

Susan John Vs State of Kerala — 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 P.V.KUNHIKRISHNAN

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TUESDAY, THE 21^ST DAY OF FEBRUARY 2023 / 2ND PHALGUNA, 1944

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WP(C) NO. 4802 OF 2023

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PETITIONERS:

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1 SUSAN JOHN AGED 47 YEARS W/O GEORGE VARGHESE, HSST JUNIOR (BOTANY), MMHSS, VILAKKUDI, KOLLAM, PIN-691508 RESIDING AT PULIVELIL VEEDU, NELLIKKUNNAM P.O, KOTTARAKKARA, KOLLAM, PIN - 691527 2 CHITRA L.S AGED 39 YEARS W/O VIVEK K.S, HSST JUNIOR (ZOOLOGY) , MMHSS, VILAKKUDI, KOLLAM, PIN-691508 RESIDING ATTAZHIKAM, THEKKEVILA P.O, KOLLAM, PIN - 691012 3 JAYASREE R AGED 41 YEARS W/O HARIKRISHNAKUMAR.S, HSST JUNIOR (COMMERCE) , MMHSS, VILAKKUDI, KOLLAM, PIN-691508 RESIDING AT RAMAMANGALAM, THIRUMULLAVARAM P.O, KOLLAM, PIN - 691012 4 SOMINI R AGED 43 YEARS W/O RAJESH M.S, HSST (MALAYALAM) , MMHSS, VILAKKUDI, KOLLAM, PIN-691508 RESIDING AT SOBHASADANAM, KARUKONE P.O, ALAYAMON ANCHAL, KOLLAM, PIN - 691306 5 ANEESHA S.R AGED 38 YEARS W/O ANEESH C.R, HSST(MATHEMATICS) , MMHSS, VILAKKUDI, KOLLAM, PIN-691508 RESIDING AT DEVARAGAM, VILLOOR, VETTIKKAVALA P.O, KOTTARAKKARA, KOLLAM, PIN - 691538 6 NISHA RAVINDRANATH AGED 41 YEARS W/O MANU.R, HSST(PHYSICS) , MMHSS, VILAKKUDI, KOLLAM, PIN-691508 RESIDING AT RAJESH BHAVAN, UMMANNOOR P.O, KOTTARAKKARA, KOLLAM, PIN - 691520 7 HARIKUMAR.G AGED 44 YEARS

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WP(C) NO. 4802 OF 2023

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S/O GOPINATHAN PILLAI, HSST(CHEMISTRY), MMHSS, VILAKKUDI, KOLLAM, PIN-691508 RESIDING AT JAYAVILASAM, PANAYAMCHERRY ANCHAL P.O, KOTTARAKKARA, KOLLAM, PIN - 691306 8 RAJI .S. NAIR AGED 38 YEARS W/O MAHENDRALAL.B, HSST(ECONOMICS) , MMHSS, VILAKKUDI, KOLLAM, PIN-691508 RESIDING AT HARISREE, KUDAVATTOOR P.O, KOTTARAKKARA, KOLLAM, PIN - 691512 9 ANJU LEKSHMI.A AGED 32 YEARS W/O PROMOD GOPAL, HSST(COMPUTER APPLICATION) , MMHSS, VILAKKUDI, KOLLAM, PIN-691508 RESIDING AT ASWINIKETHAN,PANANGADU PUNALUR P.O, KOLLAM, PIN - 691305 10 GITHU KRISHNA.P AGED 37 YEARS W/O ANIL KUMAR.R, HSST(COMMERCE) , MMHSS, VILAKKUDI, KOLLAM, PIN-691508 RESIDING AT LEKSHMI PALCE,MAVADI P.O, KOLLAM, PIN - 691507 BY ADVS. P.RAVEENDRAN B.BIPIN

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RESPONDENTS:

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

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2 THE DIRECTOR OF GENERAL EDUCATION DIRECTORATE OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM,, PIN - 695014

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3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION IVTH FLOOR, CORPORATION BUILDING,

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WP(C) NO. 4802 OF 2023

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THIRUVANANTHAPURAM, PIN - 695033 4 THE MANAGER MMHSS, VILAKKUDI, KOLLAM, PIN - 691508 5 THE PRINCIPAL MMHSS, VILAKKUDI, KOLLAM, PIN - 691508 SMT.SURYA BINOY, SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 4802 OF 2023

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P.V.KUNHIKRISHNAN, J.

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-----------------------------W.P.(C)No. 4802 of 2023

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---------------------------------------------Dated this the 21^st day of February, 2023

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JUDGMENT

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The above writ petition is filed with the following prayers:

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“(i) To issue a writ of certiorari or any other appropriate writ or order quashing Exhibit P13 to the extent it is denying salaries to the petitioners.

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(ii) To issue a declaration that the petitioners are entitled to get salary and other service benefits from 14.2.2022 onwards i.e, from the date of their original appointments

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(iii) To issue a writ of mandamus or any other writ or order, directing the respondents to release the salary due to the petitioners forthwith.

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(iv) To dispense with the translation of vernacular documents.

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(v) To issue such other orders or directions as this Hon'ble Tribunal may deem fit and proper in this case.”[SIC]

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The petitioners are appointed as teachers as

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per Exts.P1 to P10 orders. Ext.P11 is the approval order

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of their appointment. The grievance of the petitioners is

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WP(C) NO. 4802 OF 2023

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that the salary is not disbursed to them even after approval of their appointment. Petitioners submitted that, in the light of Ext.P16 judgment, the stand of the respondents that the salary can not be disbursed, is unsustainable. Hence this writ petition is filed.

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Heard counsel appearing for the petitioners and the learned Government Pleader. No notice is necessary to respondents 4 and 5. If they are aggrieved by any of the directions issued by this Court, they are free to file a review petition before this Court.

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Admittedly, the appointment of the petitioners are approved as evident by Ext.P11. The only grievance of the official respondent is that, Ext.P11 order was issued when a stay order passed by this Court in W.P. (C)No.8090/2022 is in force. W.P.(C)No.8090/2022 is already disposed of on 31.08.2022. Moreover, this Court in the above judgment clearly observed that the approval already granted need not be unsettled. Ext.P16 is one of the judgment delivered by this Court relying the judgments in W.P.(C)Nos.8090/2022 and

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WP(C) NO. 4802 OF 2023

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19808/2021. In the light of the same, I think the prayers in this writ petition is to be allowed.

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Therefore, this writ petition is allowed in the following manner:

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i. Ext.P13 is quashed to the extent it denies salary to the petitioners.

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ii. It is declared that the petitioners are entitled to get salary and other service benefits from 14.02.2022 onwards that is from the date of their original appointments in the light of Ext.P11 order.

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iii. Respondents 1 to 3 shall ensure that the petitioners are getting salary. The 3^rd respondent shall disburse the arrears of salary and continue to pay the current salary forthwith. The arrears of salary shall be paid within a period of two months from the date of receipt of a copy of this judgment.

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Sd/-

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P.V.KUNHIKRISHNAN JUDGE

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WP(C) NO. 4802 OF 2023

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APPENDIX OF WP(C) 4802/2023

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PETITIONER EXHIBITS

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EXHIBIT-P1	TRUE COPY OF	THE APPOINTMENT	ORDER OF
	THE 1ST PET ISSUED BY THE	ITIONER DATED FORTH RESPONDEN	14.2.2022 T.
EXHIBIT-P2	TRUE COPY OF	THE APPOINTME	NT ORDERS
	OF THE 2ND PE ISSUED BY THE	TITIONER DATED 4TH RESPONDENT	14.2.2022
EXHIBI-P3	TRUE COPY OF	THE APPOINTMENT	ORDER OF
	THE 3RD PET ISSUED BY THE	ITIONER DATED 4TH RESPONDENT	14.2.2022
EXHIBIT-P4	TRUE COPY OF THE 4TH PET ISSUED BY THE	THE APPOINTMENT ITIONER DATED 4TH RESPONDENT	ORDER OF 14.2.2022
EXHIBIT-P5	TRUE COPY OF	THE APPOINTMENT	ORDER OF
	THE 5TH PET ISSUED BY THE	ITIONER DATED 4TH RESPONDENT	14.2.2022
EXHIBIT-P6	TRUE COPY OF THE 6TH PET ISSUED BY THE	THE APPOINTMENT ITIONER DATED 4TH RESPONDENT	ORDER OF 14.2.2022
EXHIBIT-P7	TRUE COPY OF THE 7TH PET ISSUED BY THE	THE APPOINTMENT ITIONER DATED 4TH RESPONDENT	ORDER OF 14.2.2022
EXHIBIT-P8	TRUE COPY OF	THE APPOINTMENT	ORDER OF
	THE 8TH PET ISSUED BY THE	ITIONER DATED 4TH RESPONDENT	14.2.2022
EXHIBIT-P9	TRUE COPY OF THE 9TH PET ISSUED BY THE	THE APPOINTMENT ITIONER DATED 4TH RESPONDENT	ORDER OF 14.2.2022
EXHIBIT-P10	TRUE COPY OF	THE APPOINTMENT	ORDER OF
	THE 10TH PET ISSUED BY THE	ITIONER DATED 4TH RESPONDENT	14.2.2022
EXHIBIT-P11	TRUE COPY O	F THE ORDER	NO.T.R.O-
	07/1690/2022/	R.D.D/H.S.E	DATED
	26.04.2022 BY	THE 3 RD RESPON	DENT

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WP(C) NO. 4802 OF 2023

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EXHIBIT-P12 TRUE COPY OF THE COMMUNICATION BY THE SECOND RESPONDENT NO.DGE/12313/2022H2 DATED 22.9.2022

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EXHIBIT-P13 TRUE COPY OF THE CIRCULAR ACD.C1/223490/2021/HSE DATED 29.9.2022 BY THE SECOND RESPONDENT EXHIBIT-P14 TRUE COPY OF THE COMMUNICATION BY THE FIRST RESPONDENT ADDRESSED TO THE SECOND RESPONDENT NO.G.E.DJ3/49/2021-GED DATED 28.10.2022 EXHIBIT-P15 TRUE COPY OF THE REPRESENTION BY THE PETITIONERS FILED BEFORE THE FIRST RESPONDENT DATED 19.01.2023. EXHIBIT-P16 TRUE COPY OF THE JUDGMENT IN WP(C) 37065 OF 2022 DATED 2.2.2023 BY THIS HONOURABLE COURT.

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RESPONDENTS EXHIBITS : NIL

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//TRUE COPY// PA TO JUDGE

Susan John v. State of Kerala

Case brief

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Susan John v. State of Kerala

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