Disposed

Sini R.S v. the District Educational Officer

Kerala HC21 Feb 2023WP(C)/5331/2023

Case brief

AI extract

What is this about?

In this writ petition concerning salary arrears, the petitioner, an unapproved teacher, filed a representation seeking salary payment to the District Educational Officer. The Court held that the authority cannot ignore a representation and must consider it after affording an opportunity of hearing within four months, without final judgment on the merits.

What did the court decide?

Directed the 1st respondent to consider the representation (Ext.P10) and pass appropriate orders after giving an opportunity of hearing within four months.

Sini R.S Vs the District Educational Officer — Service and Employment | Kerala HC (2023)

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WP(C) NO. 5331 OF 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. 5331 OF 2023

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PETITIONER/S:

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SINI R.S AGED 50 YEARS FLAT NO. D1, BLUE MOON SILVER APARTMENTS, NORTH JAWAHAR NAGAR, ERNAKULAM, PIN - 682020

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BY ADVS. NOEL JACOB M.S.AMAL DHARSAN

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RESPONDENT/S:

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1 THE DISTRICT EDUCATIONAL OFFICER KOLLAM, CIVIL STATION, KOLLAM, PIN - 691013

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2 CHEMBAKASSERI UPPER PRIMARY SCHOOL BHOOTHAKULAM, KOLLAM, PIN - 695310

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3 THE JOINT MANAGER CHEMBAKASSERI UPPER PRIMARY SCHOOL, BHOOTHAKULAM, KOLLAM, PIN - 695310

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OTHER PRESENT:

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SMT.NISHA BOSE, 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. 5331 OF 2023

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P.V.KUNHIKRISHNAN, J

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W.P.(C) No. 5331 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 following prayers :

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“1) Issue a writ of mandamus or any other writ, order or direction directing the 1^st respondent to direct the 2^nd respondent to pay the petitioner arrear of salary and other amounts due to the petitioner.

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Issue a writ of mandamus, or any other writ, order or direction directing the 3^rd respondent to forthwith pay the total outstanding amount as per Exhibit P6. 3) Issue such other appropriate writ, direction or order as this Hon'ble Court may deem fit and necessary” [SIC]

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Admittedly, the petitioners appointment as per

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Exts.P1 to P5 are not approved. Therefore, the petitioner

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cannot claim salary. According to the petitioner, the Manager agreed to pay the salary to the petitioner and it is

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clear from Ext.P6. The petitioner submitted Ext.P10 representation before the 1^st respondent. The Government Pleader submitted that the 1^st respondent has no jurisdiction to entertain the same because the petitioner is not

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WP(C) NO. 5331 OF 2023 3

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an approved teacher. The Government Pleader submitted that there may not be a direction to consider the representation by the 1^st respondent.

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This Court considered the contentions of the petitioner and the Government Pleader. When a representation is submitted before an authority, that authority is bound to pass appropriate orders in it. If the representation is not maintainable, that authority can pass orders stating that the representation is not maintainable. The authority cannot keep the representation pending. Therefore, without expressing any opinion on merit, there can be a direction to the 1^st respondent to consider the representation within a time frame. I make it clear that I have not considered the matter on merit and the 1^st respondent is free to pass appropriate orders in accordance to law.

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Therefore, this writ petition is disposed of with the following directions :

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The 1^st respondent is directed to consider and pass appropriate orders in Ext.P10 after giving an opportunity

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WP(C) NO. 5331 OF 2023

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of hearing to the petitioner as expeditiously as possible, at any rate, within four months from the date of receipt of a copy of this judgment.

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1. The petitioner will produce a certified copy of this judgment along with a copy of this writ petition before the

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1^st respondent for compliance.

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Sd/-

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P.V.KUNHIKRISHNAN

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JUDGE

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SKS

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WP(C) NO. 5331 OF 2023

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APPENDIX OF WP(C) 5331/2023

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 3RD RESPONDENT DATED 04/01/2013
Exhibit P2	TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 3RD RESPONDENT DATED 02/06/2014
Exhibit P3	TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 3RD RESPONDENT DATED 01/06/2015
Exhibit P4	TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 3RD RESPONDENT DATED 01/06/2016
Exhibit P5	TRUE COPY OF THE ATTENDANCE REGISTERS OF THE 2ND RESPONDENT OBTAINED UNDER RIGHT TO INFORMATION ACT
Exhibit P6	TRUE COPY OF THE COMMUNICATION DATED 11/03/2018 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER
Exhibit P7	TRUE COPY OF THE PASSBOOK ENTRY SHOWING THE PAYMENT OF RS.3,00,000/-
Exhibit P8	TRUE COPY OF THE REPRESENTATION ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT
Exhibit P9	TRUE COPY OF THE LETTER DATED 29/10/2022 ISSUED BY THE 3RD RESPONDENT
Exhibit P10	TRUE COPY OF THE LETTER SENT TO THE 1ST RESPONDENT ALONG WITH THE POSTAL RECIEPT DATED 12.12.2022

Sini R.S v. the District Educational Officer

Case brief

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Sini R.S v. the District Educational Officer

Case brief

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