Jivina K. v. State of Kerala and others

**==> picture [58 x 58] intentionally omitted <==** # **`2025:KER:28054 IN THE HIGH COURT OF KERALA AT ERNAKULAM`** # **`PRESENT`** ``` THE HONOURABLE MR.JUSTICE VIJU ABRAHAM ``` ``` WEDNESDAY, THE 2[ND] DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 ``` ``` WP(C) NO. 4653 OF 2022 ``` ## **`PETITIONER:`** ``` JIVINA K., AGED 36 YEARS D/O. NARAYANAN K., SUSHEEL NILAYAM PRIYA VILLAGE, PERIYA P.O., KAYAMKULAM, KASARGOD DISTRICT 671 316. ``` ``` BY ADVS. PUSHPARAJAN KODOTH K.JAYESH MOHANKUMAR(K/2535/1999) VANDANA MENON(K/153/2007) VIMAL VIJAY(K/000214/2018) ``` ## **`RESPONDENTS:`** - **`1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF LOCAL SELF GOVERNMENT, SECRETARIAT, PALAYAM, THIRUVANANTHAPURAM DISTRICT 695 001.`** - **`2 DIRECTOR OF PANCHAYATS, DIRECTORATE OF PANCHAYATS, PUBLIC OFFICE BUILDING, PALAYAM, THIRUVANANTHAPURAM 695 001.`** - **`3 DEPUTY DIRECTOR OF PANCHAYAT, OFFICE OF THE DEPUTY DIRECTOR OF PANCHAYAT, VIDYA NAGAR P.O., KASARGOD DISTRICT 671 123.`** - **`4 THE KERALA SOCIAL SECURITY MISSION, POOJAPPURA, THIRUVANANTHAPURAM DISTRICT 695 012, REPRESENTED BY ITS EXECUTIVE DIRECTOR.`** - **`5 THE DISTRICT COLLECTOR, CIVIL STATION, VIDYA NAGAR P.O., KASARGOD DISTRICT 671 123.`** WP(C) No. 4653 of 20 22 - 2 - ``` 2025:KER:28054 ``` **==> picture [58 x 58] intentionally omitted <==** ``` 6DEPUTY COLLECTOR, CIVIL STATION, VIDYA NAGAR P.O., KASARGOD DISTRICT 671 123. ``` - **`7 PULLUR PERIYA GRAMA PANCHAYAT, CHALINGHAL, HARIPURAM P.O., ANANDASRAMAM, KASARGOD DISTRICT 671 531. REPRESENTED BY ITS SECRETARY.`** - **`8 MAHATMA MODEL BUDS SCHOOL, CHALINGAL, NEAR CENTRAL UNIVERSITY, HARIPURAM P.O., ANANDASRAMAM, KASARGOD DISTRICT 671 316, REPRESENTED BY ITS PRINCIPAL.`** - **`9 PRINCIPAL,`** ``` MAHATMA MODEL BUDS SCHOOL, CHALINGAL NEAR CENTRAL UNIVERSITY, HARIPURAM P.O., ANANDASRAMAM, KASARGODE DISTRICT 671 316. ``` ``` BY ADVS. ADVOCATE GENERAL OFFICE KERALA T.MADHU KALEESWARAM RAJ VARUN C.VIJAY THULASI K. RAJ C.R.SARADAMANI(S-891) GANGADHARAN NAIR M.(K/001049/2019) SHAHID AZEEZ(K/000630/2015) RESHMA SANTHOSH(K/001808/2019) RENJISH S. MENON(K/001486/2021) GP- NIMA JACOB ``` ``` THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C) No. 4653 of 20 22 - 3 - ``` 2025:KER:28054 ``` **==> picture [58 x 58] intentionally omitted <==** ## **JUDGMENT** Dated this the 2[nd ] day of April, 2025 Petitioner has approached this Court seeking a direction to quash Ext.P5 and for a declaration that the petitioner is entitled for salary of Rs.30,675/- per month, as stated in Ext.P4 Government order. 2. The learned Counsel appearing for the petitioner would submit that after issuance of Ext.P4 Government order subsequent orders were issued by the Government enhancing the said amount to Rs.32,516/- as per Ext.P7. Petitioner is employed as a teacher in the 8[th] respondent Buds School which is under the management of the 7[th] respondent. Petitioner is appointed as per Ext.P1 for a monthly honorarium of Rs.3,000/-. After joining service of the 8[th] respondent, petitioner has secured admission for two year teacher training course for Diploma in Special Education (Mental Retardation). Petitioner had sought permission from respondents 7 and 9 to join the diploma course, and on considering the request of the petitioner permission was granted to the petitioner to join the course on condition that the petitioner shall make available a suitable teacher and the honorarium payable to the petitioner would be paid to the said teacher. Thus, with the concurrence of WP(C) No. 4653 of 20 22 - 4 - ``` 2025:KER:28054 ``` **==> picture [58 x 58] intentionally omitted <==** respondents 7 and 9, one Sheeba was appointed as temporary teacher in the 8[th] respondent school during the absence of the petitioner. The honorarium to which the petitioner was entitled to was being paid to Sheeba. 3. After completing the course petitioner rejoined service of the 8[th] respondent school during 2014, and she has secured Diploma in Special Education (Mental Retardation) as evident from Ext.P2. Thereafter petitioner has also secured registration as rehabilitation personnel from the Rehabilitation Council of India as evident from Ext.P3 certificate. The salary of teachers in the Buds School was increased as per Ext.P4 Government order, whereby the salary was increased to Rs.30,675/-, and later by Ext.P7 order to Rs.32,516/-, but the petitioner was not granted the increased salary. Thereupon Ext.P12 representation was filed and the 3[rd] respondent rejected the same as per Ext.P5 stating that, as per records petitioner was employed and drawing salary from the 8[th] respondent school during the period 2012-14, the period during which the petitioner has claimed to have attended the training for securing Diploma in Special Education (Mental Retardation), and due to the said discrepancies regarding the qualification of the petitioner held that the enhanced salary cannot be paid to the petitioner. WP(C) No. 4653 of 20 22 - 5 - **==> picture [58 x 58] intentionally omitted <==** ## `2025:KER:28054` 4. Petitioner submits that in similar circumstances this Court has interfered and passed Ext.P6 judgment in WP(C) No.28627 of 2020. Petitioner also relies on recent judgment of the Apex Court in **Yogesh Kumar v. State of Uttar Pradesh [2025 KHC OnLine 6258]** . 5. The learned Government Pleader on the basis of the counter affidavit filed by the 3[rd] respondent would submit that, as per the records maintained by the Panchayat, petitioner was working during the period during which she claimed to have undergone diploma in higher education, and that the documents produced by the petitioner is doubtful, and that she proceeded for higher education without obtaining necessary consent from the authorities concerned. 6. Respondent Panchayat has also filed a counter affidavit, wherein it is stated that as per the records available with the 7[th] respondent Panchayat the petitioner has drawn salary as per Ext.P1 during the period petitioner has undergone the diploma course for which she was issued with Ext.P2 certificate. The diploma course undertaken by the petitioner is not a distant education course but a full time course, and due to the said circumstance issuance of Ext.P2 was permitted by the 3[rd] respondent. WP(C) No. 4653 of 20 22 - 6 - ``` 2025:KER:28054 ``` **==> picture [58 x 58] intentionally omitted <==** 7. But it is pertinent to note that the contention raised by the petitioner in paragraph 3 that it is with the consent of the respondent 7 and 9 that she has joined the higher diploma course and that a temporary teacher by name Sheeba was appointed is not answered in the counter affidavit filed by the 7[th] respondent. Admittedly, Ext.P2 certificate was issued to the petitioner and based on which registration certificate was also issued by the Rehabilitation Council of India, which was renewed subsequently also. Ext.P2 would reveal that she has undergone training at Faith India, Kokkappilly, Thiruvankulam, and the certificate is issued by the National Institute of Mentally Handicapped, Secunderabad which is under the Department of Empowerment of Persons with Disabilities, Ministry of Social Justice & Empowerment, Government of India. It is to be noted that after the petitioner has completed the course she has rejoined as a special education teacher and was drawing salary of Rs.21,000/per month. Though in the counter affidavit it is stated that the respondents are doubting the certificate issued in favour of the petitioner as at the relevant point of time she was working in the school, no disciplinary action is seen taken against the petitioner till date. Whatever that be, the matter has to be examined in detail by the authorities concerned especially regarding the veracity of Exts.P2 and P3 issued in favour of the petitioner. Only for the reason WP(C) No. 4653 of 20 22 - 7 - ``` 2025:KER:28054 ``` **==> picture [58 x 58] intentionally omitted <==** that they doubt the certificates issued to the petitioner the necessary emoluments due to the petitioner cannot be denied as done in Ext.P5. There should be a definite finding to that effect without which the salary cannot be denied to the petitioner. In view of the above facts and circumstances, I am inclined to dispose of the writ petition as follows:- The 3[rd] respondent shall conduct necessary enquiry into the matter after affording an opportunity of being heard to the petitioner as well as respondents 7 and 8, and verify regarding the veracity of Exts.P2 and P3 and take a final decision in the matter regarding the enhanced payment of the salary due to the petitioner within a period of two months from the date of receipt of a copy of this judgment. It is ordered that if in the enquiry it is found that Exts.P2 and P3 certificates are valid the petitioner shall be paid the enhanced payment of salary with retrospective effect. Sd/- **VIJU ABRAHAM JUDGE** sbk/- WP(C) No. 4653 of 20 22 - 8 - ``` 2025:KER:28054 ``` **==> picture [58 x 58] intentionally omitted <==** ## **`APPENDIX OF WP(C) 4653/2022`** ## **`PETITIONER EXHIBITS`** - **`Exhibit P1`** ``` A TRUE COPY OF ORDER NO. B3 9467/2011 DATED 29.08.2012 ISSUED BY THE 7TH RESPONDENT. ``` - **`Exhibit P2 A TRUE COPY OF THE CERTIFICATE OF THE PETITIONER DATED 21.01.2015 ISSUED BY THE NATIONAL INSTITUTE FOR THE MENTALLY HANDICAPPED, SECUNDERABAD,`** - **`Exhibit P3 A TRUE COPY OF THE REGISTRATION CERTIFICATE DATED 03.03.2016 ISSUED BY THE REHABILITATION COUNCIL OF INDIA`** - **`Exhibit P4 A TRUE COPY OF G.O.(MS) NO. 1602/2018/LSGD DATED 12.06.2018.`** - **`Exhibit P5 A TRUE COPY OF THE ORDER DATED 24.12.2020 ISSUED BY THE 3RD RESPONDENT.`** - **`Exhibit P6 A TRUE COPY OF THE JUDGMENT DATED 09.02.2021 IN WPC NO. 28627/ OF 2020 OF THIS HONBLE COURT.`** - **`Exhibit P7 True copy of the order dated 18.03.2022 issued by the Government enhancing the salary of the Trained Special Teachers to a sum of Rs.32,560/-.`** - **`Exhibit P8 True copy of the guidelines issued by the 4th respondent.`** - **`Exhibit P9 True copy of the application submitted by the petitioner for joining the higher education course.`** - **`Exhibit P10 True copy of the loan sanctioning order of the 7th respondent.`** - **`Exhibit P11 True copy of the recommendation made by the District Mission Coordinator to the effect that the petitioner can be sent for`** WP(C) No. 4653 of 20 22 - 9 - ``` 2025:KER:28054 ``` **==> picture [58 x 58] intentionally omitted <==** ## **`higher education course.`** ``` Exhibit P12 ``` ``` Exhibit P13 ``` ``` True copy of the registration certificate renewing Ex.P3 for a period of 5 years dated 23.12.2021. ``` ``` True copy of the certificate issued from the College which the petitioner has undergone 2 year Diploma in Education, special education (D Ed SE (MR) Course during the academic year 2013 – 2014, 2014 – 2015 under FAITH-INDIA INSTITUTE OF SPECIAL EDUCATION, VIYYAKURISSI (PO), THACHAMPARA (VIA), PALAKKAD, KERALA dated 12.03.20215. ```