Anju S. and Others v. State of Kerala and Others
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- P. V. Kunhikrishnan
- Judgment Date
- 2023-03-03
- Court Decision / Holding
- Writ petition allowed; Ext.P13 set aside; Respondents directed to disburse arrears of salary from 06.02.2021 to petitioners within two months; Ext.P15 and P16 circulars not applicable to petitioners’ case as per the Court’s reading; relief to dispense with translation granted; case disposed with no order as to costs.
- Final Disposition
- Petition allowed; arrears to be disbursed within two months; Ext.P13 set aside; PF credit not to be used for arrears; translation waiver granted; case disposed.
Parties to the Case
Appellants / Petitioners
- Anju S.
- Geethu P.V
- Rema Mohanan
- Kiran C. Prasad
Respondents
- State of Kerala, rep. by Secretary to the Government, General Education Department, Secretariat, Annex-II, Thiruvananthapuram
- Director of General Education, Thiruvananthapuram
- Deputy Director of Education Ernakulam
- District Educational Officer Aluva
- Sub Treasury Officer, Aluva
- General Manager, SNDP Yogam Schools, Kollam
Legal Representation & Advocates
Counsels for Petitioners
- • M.A. Fayaz
- • M. Vishnupriya
- • C.B. Abhinava
Counsels for Respondents
- • Smt. Nisha Bose (Sr. GP)
Case Synopsis & Summary
The petitioners, four education functionaries from SNDP HSS Aluva, filed a writ petition seeking mandamus to direct the respondents to sanction and disburse arrears of salary, challenging a rider that approved appointments would be on a notional basis with arrears payable only from 06.02.2021. They contended their appointments were duly approved by the DEO/School authorities as per Exts. P8, P9, P10 and P12 with effect from 27.07.2018, 19.07.2019, 14.10.2019 and 24.08.2019, and that Ext.P13 directing arrears to be credited to Provident Fund (PF) was improper and contrary to those approvals. The petition also questioned Exs. P15 and P16 circulars that purportedly tie arrears to PF remittance, arguing those circulars apply only to those teachers whose appointments were made in accordance with Para II(2) of Ext.P14 GO 29/2016. Citing a prior decision in WP(C) No.17115/2022, the petitioners argued for payment of arrears rather than PF credit. After hearing both sides, the Court found merit in the petition, citing the earlier decision and holding that the petitioners are entitled to arrears from 06.02.2021 and that Ext.P13, which directed PF credit, is set aside. The judgment directs expeditious disbursement within two months and also addresses translation waivers. The matter reaffirms that appointments with approvals create salary entitlements irrespective of notional considerations.
Provisions of Law Cited
Submissions & Arguments
Contentions of Appellants / Petitioners
The petitioners contend they are U.P. School teachers whose appointments were approved and that the rider restricting arrears as per 06.02.2021 is improper. They submit that Exts.P8, P9, P10, and P12 demonstrate valid approvals entitling salary and allowances from the date of appointment, and that Ext.P13 directing PF credit is contrary to those orders. They argue that Exs. P15/P16 circulars apply only to those whose appointments were made under Ext.P14 Para II(2), and not to the petitioners. Relying on the Court’s decision in WP(C) No.17115/2022, they assert they are entitled to arrears rather than PF credit. They also request dispensation from translating vernacular documents and seek costs. They pray for mandamus to ensure immediate disbursal of arrears and to declare that circulars cannot override their approved salaries. Finally, they seek reliefs and any further proper orders as the Court may deem fit.
Contentions of Respondents
The respondents contend that the petitions’ reliefs hinge on circulars directing arrears being deposited to PF accounts and that Ext.P13 enforce PF remittance per the policy. They argue that the approvals granted to the petitioners were subject to the rider of notional basis and that arrears can only be released subject to policy and the GO/PF framework. They maintain that Ext.P15 and P16 were issued to implement PF remittance rules and that Ext.P7 GO (P) 4/2021 aligns with these requirements. They urge adherence to the condition that arrears be credited to PF or otherwise adjusted in light of the 2016 GO and the relevant circulars, and that the Court should avoid disturbing legitimate government policy and the financial governance framework.
Cited Precedents (2)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| W.P.(C) No.17115/2022 | W.P.(C) No.17115/2022 | Positive | The Court relies on the decision in WP(C) No.17115/2022 to hold that the petitioners are entitled to arrears rather than PF credit; it forms the basis for allowing relief and setting aside Ext.P13. |
| WP(C) No.8725/2021 | WP(C) No.8725/2021 | Mentioned Only | Exhibit P17 is a judgment in WP(C) No.8725/2021 and is attached as evidence, but the judgment’s content is not discussed in the ruling; thus treated as Mentioned Only. |
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