High Court of KeralaSingle JudgeWrit petition disposed; Ext.P14 set aside; Ext....

Bareera P v. State of Kerala and Others

Case / Petition Number:W.P.(C) No.16906/22

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Bechu Kurian Thomas, J.
Judgment Date
2022-05-25
Court Decision / Holding
Ext.P14 was set aside as invalid for not constituting a proper order; Ext.P13 revival to be considered afresh along with Ext.P15, with hearing given to the petitioner and the fifth respondent. The first respondent is directed to dispose of the two revisions after hearing, within three months from the date of receipt of a copy of the judgment.
Final Disposition
Writ petition disposed; Ext.P14 set aside; Ext.P13 to be revived and considered afresh with Ext.P15, after hearing, within three months.

Parties to the Case

Appellants / Petitioners

  • Bareera P

Respondents

  • The State of Kerala represented by its Secretary to Government General Education Department, Secretariat Annex II, Thiruvananthapuram
  • The Director of General Education, Jagathy, Thiruvananthapuram
  • The Deputy Director of Education, Down Hill, Malappuram
  • The District Educational Officer, Tirurangady, Malappuram District
  • The Manager, SNM HSS, Parappanangadi
  • The Principal, SNM HSS, Parappanangadi

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri V.A. Muhammed
  • • Smt. P.A. Jenzia

Counsels for Respondents

  • • Adv. Sabeena P. Ismail, Govt. Pleader

Case Synopsis & Summary

Bareera P, petitioner, is appointed as a regular HSA (Natural Science) at SNM Higher Secondary School, Parappanangadi, Malappuram. The writ petition challenges the reversal of increments granted to her following an audit objection, which occurred after her regular appointments spanning 2006 to 2014. Though her appointment was approved, an audit objection led the Manager to pursue regularisation and salary fixation; the Government reportedly refused to consider those revisions in two prior attempts. The Manager submitted Ext.P13 as a revision petition, and Ext.P14 was issued by the first respondent as a communication rejecting the revision. The petitioner contends that Ext.P14 is not a valid formal order but a mere communication/letter, contrary to jurisprudence requiring statutory orders in appeals and revisions to be issued in the form of an order. The petitioner relies on Sudheer T. v. M.V.Susheela and Others (2009 (3) KHC 991) to argue that such orders must be signed and properly issued. The Government Pleader and respondents contest the procedure, yet Ext.P14 is later characterized as an order rejecting the revision. In its reasoning, the court notes that Ext.P14 is invalid and must be set aside, reviving Ext.P13 and allowing it to be considered afresh along with Ext.P15, with an opportunity for hearing for the petitioner and the fifth respondent. The writ petition is disposed with directions to decide the revisions within three months, after due hearing.

Legal Doctrines & Maxims

  • Orders issued by statutory authorities in statutory appeals and revisions must be in the form of an order and not by a communication/letter (Sudheer T. v. M.V.Susheela and Others, 2009 (3) KHC 991)
  • Every order or instrument of the Government or the State shall be signed by a secretary or other officer specially empowered, and such signature shall be deemed proper authentication or instrument of the order (Sudheer T. v. M.V.Susheela and Others, 2009 (3) KHC 991)
  • Rule of law that a statutory revision must be disposed of in a considered manner in the form of an order and not by a mere communication

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends that Ext.P14, the Government’s response to the Manager’s Ext.P13 revision petition, is not a valid form. It is merely a communication/letter rather than a formal, signed order, contravening established jurisprudence (Sudheer T. v. M.V.Susheela and Others). The petitioner argues Ext.P13 should be considered afresh, with Ext.P15 pending, and that both revisions must be disposed of after due process and an opportunity for hearing, as mandated by law. The argument emphasizes due process, proper authentication of orders, and the revival of the Manager’s revision petitions to achieve redress for the petitioner’s pay increment reversal.

Contentions of Respondents

Respondents contend that Ext.P14 functioned as a formal order rejecting the revision and that the Government authority has the power to dispose of the revision petitions. They rely on the statutory framework and prior practice to argue that a decision on the petition was properly issued and pending before the first respondent. The respondents’ position is that Ext.P14 represents a valid form of government communication that determines the revision petition, and that Ext.P13 should be disposed of according to the standard procedures, with the matter ultimately decided by the first respondent after due process.

Cited Precedents (4)

Case NameCitationTreatmentExplanation
Sudheer T. v. M.V.Susheela and Others2009 (3) KHC 991PositiveUsed to insist that statutory petitions in appeals/revisions must be decided by a formal order signed by an empowered official; Ext.P14 was invalid as a mere communication.
Unknown case (2007 KLT 127 / 2007 KHC 3371)2007 (1) KLT 127 / 2007 KHC 3371Mentioned OnlyExhibited as P18; not discussed in the judgment’s reasoning.
Unknown case (1990 KHC 423)1990 KHC 423Mentioned OnlyExhibited as P19; cited in Appendix without elaboration in the body.
Unknown case (2009 (4) KLT 29 / 2009 (3) KHC 991)2009 (3) KHC 991Mentioned OnlyExhibit P16 indicates a related decision, but the body principally relies on Sudheer T.; listed as supporting material.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS** **WEDNESDAY, THE 25[TH] DAY OF MAY 2022 / 4TH JYAISHTA, 1944** ## **WP(C) NO. 16906 OF 2022** ## **PETITIONER:** **BAREERA P AGED 39 YEARS, WIFE OF ASEEL ABDUL WAHID, HSA(ENGLISH), SNM HIGHER SECONDARY SCHOOL, PARAPPANANGADI, MALAPPURAM DISTRICT- 676 303. (RESIDING AT BLOOMS CHALIYAM, KOZHIKODE DISTRICT-673301.** **BY ADVS. SRI.V.A.MUHAMMED SMT.P.A.JENZIA** ## **RESPONDENTS:** **1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE - II, THIRUVANANTHAPURAM - 695 001.** - **2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM - 695 014.** - **3 THE DEPUTY DIRECTOR OF EDUCATION, DOWN HILL, MALAPPURAM - 676505** - **4 THE DISTRICT EDUCATIONAL OFFICER, TIRURANAGADY, MALAPPURAM DISTRICT - 676306.** - **5 THE MANAGER, SNM HSS, PARAPPANANGADI,** W.P.(C) No.16906/22 ## **-:2:-** **MALAPPURAM DISTRICT- 676 303** **6 THE PRINCIPAL, SNM HSS, PARAPPANANGADI, MALAPPURAM DISTRICT- 676 303** **ADV.SABEENA P. ISMAIL, GOVT. PLEADER** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.05.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** ## W.P.(C) No.16906/22 ## **-:3:-** ## **BECHU KURIAN THOMAS, J. --------------------------------W.P.(C) No.16906 of 2022 ----------------------------------** Dated this the 25[th] day of May, 2022 ## **JUDGMENT** Despite the grant of approval for petitioner's appointment as HSA (Natural Science), the increments granted to the petitioner have been reversed based on an audit objection. Challenging the said denial of increment, petitioner initiated statutory proceedings. Through a non-speaking order, the first respondent has rejected the claim of the petitioner put forward through the Manager. 2. Subsequently, yet another revision was preferred by the Manager before the first respondent as per Ext.P13. In a cursory manner, without referring to any of the contentions raised, by communication issued as Ext.P14 that too in the form of a letter, the request of the Manager raised in Ext.P13 was rejected. In the meantime, petitioner had also preferred a revision petition before the first respondent as per Ext.P15, inter alia seeking a direction to fix the pay of the petitioner in terms of the pay W.P.(C) No.16906/22 ## **-:4:-** revision orders of 2014 and 2019. 3. The main contention raised by the petitioner is with reference to the nature of order issued by the first respondent, as evident from Ext.P14. According to the learned counsel, this Court had, in **Sudheer T. v. M.V.Susheela and Others** (2009 (3) KHC 991) held that orders issued by the statutory authorities including the Government, in statutory appeals and revisions pending before it must be in the form of an order and not as a communication/letter. 4. I have heard Sri.V.A.Muhammed, learned counsel for the petitioner as well as Adv.Sabeena P.Ismail, the learned Government Pleader. In the nature of the order that I propose to pass, notice to respondents 5 and 6 are dispensed with. 5. Petitioner was appointed on a regular vacancy from 02.01.2006 to 31.03.2006 and again from 05.06.2006 to 31.08.2009 and yet again from 01.09.2009 to 31.08.2014. Due to some confusion and mistake, though her appointment was approved allegedly, due to an audit objection, petitioner contends that the Manager approached the Government twice. On both occasions, the Government refused to consider the W.P.(C) No.16906/22 ## **-:5:-** revision and declined consideration. 6. By Ext.P14, the revision petition filed by the Manager was rejected on 27.02.2022, stating that the prayer to regularise the services and to approve her salary, cannot be considered. A reading of Ext.P14 further shows that the same is in fact an order rejecting the revision of the Manager. As held by the Full Bench and as is mandated by the rule of law, every order allowing or rejecting a statutory petition must of necessity be in the form of an order and not by a letter or communication. In the decision in **Sudheer T. v. M.V.Susheela and Others** (2009 (3) KHC 991), the Full Bench of this Court had held that as per the rules of business every order or instrument of the Government or the State shall be signed by a secretary or other officer specially empowered on its behalf and such signature shall be deemed to be the proper authentication or instrument of the order. When a statutory revision is filed, the same has to be disposed of in a considered manner that too in the form of an order. The statutory authority cannot refuse to consider it, as has been done in Ext.P14. Therefore, I find that the argument of the petitioner regarding the invalidity of Ext.P14 is therefore W.P.(C) No.16906/22 ## **-:6:-** justified. 7. Accordingly, I set aside Ext.P14. Since Ext.P14 is set aside, the revision petition filed by the Manager as Ext.P13 will revive and the same will have to be considered afresh by the first respondent. Ext.P15 revision petition filed by the petitioner, seeking almost identical reliefs, is also pending consideration before the first respondent. 8. In view of the above, there will be a direction to the first respondent to consider Ext.P13 afresh, along with Ext.P15 revision petition filed by the petitioner and both revisions shall be disposed of, after granting an opportunity of hearing to the petitioner as well as the fifth respondent, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. ## **Sd/-** ## **BECHU KURIAN THOMAS JUDGE** vps ## W.P.(C) No.16906/22 ## **-:7:-** ## **APPENDIX OF WP(C) 16906/2022** ## **PETITIONER EXHIBITS** |**EXHIBIT P1**|**TRUE COPY OF THE LEAVE SANCTIONING ORDER**| |---|---| ||**NO. G.O(RT) NO.3208/94/G.EDN DATED**| ||**25.08.1994.**| |**EXHIBIT P1 (a)**|**TRUE COPY OF THE LEAVE SANCTIONING ORDER**| ||**G.O(RT)**<br>**NO.**<br>**4165/99/G.EDN**<br>**DATED**| ||**09.09.1999.**| |**EXHIBIT P1 (b)**|**TRUE COPY OF THE LEAVE SANCTIONING ORDER**| ||**G.O(RT)**<br>**NO.4161/01/G.EDN**<br>**DATED**| ||**23.09.2004.**| |**EXHIBIT P1 (c)**|**TRUE COPY OF THE LEAVE SANCTIONING ORDER**| ||**G.O(RT)**<br>**NO.**<br>**3697/09/G.EDN**<br>**DATED**| ||**28.08.2009.**| |**EXHIBIT P2**|**TRUE COPY OF THE APPOINTMENT ORDER DATED**| ||**01.09.2004.**| |**EXHIBIT P3**|**TRUE COPY OF THE APPOINTMENT ORDER FROM**| ||**01.06.2005.**| |**EXHIBIT P4**|**TRUE COPY OF APPOINTMENT ORDER DATED**| ||**02.01.2006.**| |**EXHIBIT P5**|**TRUE COPY OF APPOINTMENT ORDER DATED**| ||**01.09.2009.**| |**EXHIBIT P6**|**TRUE COPY OF THE APPOINTMENT ORDER DATED**| ||**05.06.2006.**| |**EXHIBIT P7**|**TRUE COPY OF APPOINTMENT ORDER DATED**| ||**07.10.2009.**| |**EXHIBIT P8**|**TRUE COPY OF THE LETTER NO. 52299/**| ||**E2/11/G.EDN DATED 04.09.2012.**| |**EXHIBIT P9**|**TRUE COPY OF THE OBJECTION ALONG WITH**| ||**COVERING LETTER NO. F4/6494/2016 DATED**| ||**27.02.2016.**| |**EXHIBIT P10**|**TRUE COPY OF THE COMMUNICATION IN THIS**| ||**REGARD NO.F4/6494/16 DATED 28.04.2016.**| |**EXHIBIT P11**|**TRUE COPY OF THE REVISION SUBMITTED BY**| ||**MANAGER DATED 31.05.2016.**| W.P.(C) No.16906/22 ## **-:8:-** |**EXHIBIT P12**|**TRUE**<br>**COPY**<br>**OF**<br>**THE**<br>**LETTER**| |---|---| ||**NO.649798/E2/2016/G.EDN**<br>**DATED**| ||**08.11.2018.**| |**EXHIBIT P13**|**TRUE COPY OF THE PETITION SUBMITTED BY**| ||**THE MANAGER DATED 20.12.2018.**| |**EXHIBIT P14**|**TRUE COPY OF THE COMMUNICATION NO.**| ||**K2/119/2020/G.EDN DATED 27.02.2022 OF**| ||**THE GOVERNMENT.**| |**EXHIBIT P15**|**TRUE COPY OF THE REVISION PETITION**| ||**SUBMITTED BY THE PETITIONER DATED**| ||**03.05.2022.**| |**EXHIBIT P16**|**TRUE COPY OF THE DECISION REPORTED IN**| ||**2009 (4) KLT 29 2009(3)KHC 991.**| |**EXHIBIT P17**|**TRUE COPY OF G.O(RT) NO. 2007/2021G.EDN**| ||**DATED 26.02.2021.**| |**EXHIBIT P18**|**TRUE COPY OF THE DECISIONS REPORTED IN**| ||**2007 (1) KLT 127=2007 KHC 3371.**| |**EXHIBIT P19**|**TRUE COPY OF THE DECISIONS REPORTED IN**| ||**1990 KHC 423.**|