Rajesh Babu K.G. v State of Kerala and Others

# **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **TUESDAY, THE 11[TH] DAY OF APRIL 2023 / 21ST CHAITHRA, 1945** **WP(C) NO. 5264 OF 2023** ## **PETITIONER:** **RAJESH BABU K.G AGED 49 YEARS S/O GOPINATHAN PILLAI K.K., KALLYATHU HOUSE, KUTTAMPEROOR PO, MANNAR, ALAPUZHA-. HIGH SCHOOL TEACHER (PHYSICAL SCIENCE), T.M. VARGHESE MEMORIAL HIGH SCHOOL, VETTIYAR), PIN - 689623** **BY ADV S.SUBHASH CHAND** ## **RESPONDENTS:** |**1**||**THE STATE OF KERALA**| |---|---|---| |||**REPRESENTED BY THE SECRETARY TO GOVERNMENT,**| |||**DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT**| |||**SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001**| |**2**||**THE DIRECTOR OF GENERAL EDUCATION**| |||**OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,**| |||**JAGATHY, THIRUVANANTHAPURAM, PIN - 695014**| |**3**||**THE DEPUTY DIRECTOR (EDUCATION)**| |||**OFFICE OF THE DEPUTY DIRECTOR (EDUCATION),**| |||**ALAPUZHA-, PIN - 688001**| |**4**||**THE DISTRICT EDUCATIONAL OFFICER**| |||**OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,**| |||**MAVELIKKARA -, PIN - 690101**| |**5**||**THE SPARK PROJECT DIRECTOR**| |||**THE SPARK PROJECT MANAGEMENT UNIT,**| |||**DPC BUILDING (1ST FLOOR), KERALA UNIVERSITY SENATE**| |||**CAMPUS, PALAYAM, THIRUVANANTHAPURAM-., PIN - 695034**| |**6**||**THE MANAGER**| |||**T.M. VARGHESE MEMORIAL HIGH SCHOOL, VETTIYAR,**| |||**MAVELIKKARA-, PIN - 690558**| |**7**||**THE HEADMISTRESS**| |||**T.M. VARGHESE MEMORIAL HIGH SCHOOL, VETTIYAR,**| |||**MAVELIKKARA-, PIN – 690558**| |**ADDL.**|**8**|**SECRETARY TO GOVERNMENT, FINANCE ( SPARK-PMU)**| |||**DEPARTMENT, UNIVERSITY OFFICE CAMPUS,**| |||**PALAYAM,,THIRUVANATHAPURAM 695034**| **IS SUO MOTU IMPLEADED AS ADDITIONAL 8TH RESPONDENT AS PER ORDER DATED 11.04.2023** **BY ADV GOVERNMENT PLEADER** WP(C) NO. 5264 OF 2023 2 **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C) NO. 5264 OF 2023 3 # **P.V.KUNHIKRISHNAN, J.** **===================== W.P.(C).No.5264 of 2023** # **===================== Dated this the 11[th] day of April, 2023** ## **J U D G M E N T** ## The above writ petition is filed with the following prayers; _“ i. To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent No.4 to sanction and disburse revised salary in the post of High School Teacher (Physical Science) to the petitioner with effect from 15.07.2021 onwards forthwith or within such time as this Hon'ble Court may deem fit and proper in the Interest of justice._ _ii. To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent Nos. 4, 5 and 7 to take effective and proper steps to sanction and disburse the 15 years higher grade to the petitioner with effect from 14.06.2015 onwards in the cadre of Upper Primary School Teacher by accepting Ext P12 forthwith or within such time as this Hon'ble Court may deem fit and proper in the interest of justice._ _iii. To issue a writ in the nature of mandamus or any other appropriate writ or order directing respondent Nos.4, 5 and 7 to sanction and disburse to the petitioner 2019 pay revision benefits forthwith or within such time as this Hon'ble Court may deem fit and proper in the interest of justice._ WP(C) NO. 5264 OF 2023 4 _iv. To issue a declaration that the petitioner is entitled to receive the revised salary and allowances in the cadre of High School Teacher (Physical Science) with effect from 15.07.2021 onwards in view of Exts. P7 and P8 orders of appointment and approval issued by respondent Nos.6 and 4 respectively and denial of the same is absolutely arbitrary and per se discriminatory in nature being violative of Articles 14 and 21 of the Constitution of India rendering the same liable to be interfered with by this Hon'ble Court as unconstitutional and_ _v. To mould and grant such other relief, as this Hon'ble Court shall deem just and proper in the interest of justice, including costs._ _vi. To dispense with the translation of Malayalam documents. ”[SIC]_ 2. The petitioner has got regular continuous approved service as Upper Primary School Teacher in T.M. Varghese Memorial High School, which is an aided school being managed by respondent No.6, based on Ext.P1 approved appointment order with effect from 14.06.2000 onwards. While he was working as Upper Primary School Teacher in the above school, by Ext. P2 order he was promoted and appointed as High School Teacher (English) with effect from 01.10.2014. The said promotion was pending approval on the issue as to whether the WP(C) NO. 5264 OF 2023 5 petitioner has got the qualification for being appointed as High School Teacher (English). Thereafter, by Ext.P4 order of respondent No.4, the said promotion proposal was rejected. During the said period, the petitioner was retaining his lien in the lower post of Upper Primary School Teacher and he was receiving salary in the said lower post regularly. Later, the entire matter was taken up before respondent No.1 in revision and pursuant to the judgment dated 07.06.2017 of this Hon'ble Court in WP (c) No. 18898/2017, respondent No. 1 has issued Exhibit-P5 revisional order and held that the petitioner was not having the requisite qualification to hold the post of High School Teacher (English). Thereupon, by Ext.P6 order, he was reverted as Upper Primary School Teacher with effect from 01.10.2014 in the above school by respondent No 6. Later, the petitioner was promoted as High School Teacher (Physical Science) by Ext.P7 order of respondent No.6 and the same was approved by respondent No.4 by Ext.P8 order. Despite the said order of approval, the petitioner is still not permitted to draw salary and allowances in the promoted post and he is getting WP(C) NO. 5264 OF 2023 6 only the salary in the lower post of Upper Primary School Teacher with effect from 15.07 2021 for no fault on his part is the submission. Hence, this writ petition is filed. It is also submitted that the petitioner will complete 15 years of service and he is entitled higher grade in the cadre of Upper Primary School Teacher and the same is also not given to the petitioner. It is also submitted that, 2019 pay revision benefits are also not given to the petitioner. 3. Heard the learned counsel for the petitioner and the learned Government Pleader. 4. This Court directed the learned Government Pleader to get instructions as to why the salary is not disbursed to the petitioner, even though his promotion was approved as evident by Ext.P8. The learned Government Pleader after getting instructions, submitted that, there is some confusion regarding the uploading of pay scale in the post of H.S.A in the SPARK. Necessary steps will be taken by the authorities immediately is the submission. 5. It is an admitted fact that, the petitioner's promotion WP(C) NO. 5264 OF 2023 **==> picture [8 x 9] intentionally omitted <==** is approved as evident by Ext.P8. The petitioner need not suffer because of some technical defects in uploading the details in the SPARK. According to me, the petitioner is entitled to pay and other benefits in the post of H.S.A (Physical Science) forthwith. The petitioner is also entitled the higher grade and the pay revision benefits of 2019 also. Therefore, this writ petition is allowed in the following manner; i. The respondent Nos. 3 to 5, 7 and 8 are directed to sanction and disburse the revised salary in the post of H.S.A (Physical Science) to the petitioner with effect from 15.07.2021 onwards, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment. ii. The 7[th] respondent is directed to forward the proposal for 15 years of higher grade to the petitioner with effect from 14.06.2015 onwards in the cadre of Upper Primary School Teacher and also the proposal for 2019 pay revision benefits to the 4[th] respondent within a period of one month WP(C) NO. 5264 OF 2023 8 from the date of receipt of a copy of this judgment. iii. Once such proposal is received, the 4[th] respondent will consider the same and pass appropriate orders in it and disburse the eligible amount to the petitioner, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of the proposal. ## **Sd/-** **P.V.KUNHIKRISHNAN** **JUDGE** saap WP(C) NO. 5264 OF 2023 9 ## **APPENDIX OF WP(C) 5264/2023** **PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE APPROVED APPOINTMENT ORDER DATED 14.06.2000 THUS ISSUED BY RESPONDENT NO.6 AND APPROVED BY RESPONDENT NO.4 Exhibit P2 . A TRUE COPY OF THE APPOINTMENT ORDER DATED 01.10.2014 AS HIGH SCHOOL ASSISTANT (ENGLISH) OF THE PETITIONER IN THE ABOVE SCHOOL ISSUED BY RESPONDENT NO.6 Exhibit P3 A TRUE COPY OF THE COMMUNICATION BEARING NO.B2/6210/2016 DATED 18.10.2016 ISSUED BY RESPONDENT NO.4 TO RESPONDENT NO.1 Exhibit P4 A TRUE COPY OF THE ORDER BEARING NO. B2/6210/14 DATED 22.05.2017 THUS ISSUED BY RESPONDENT NO.4 Exhibit P5 A TRUE COPY OF THE REVISIONAL ORDER BEARING GO (RT) NO.3621/2021/G.EDN DATED 10.08.2021 OF RESPONDENT NO.1 Exhibit P6 A TRUE COPY OF THE ORDER BEARING NO.8/M/2021-2022 DATED 08.07.2021 OF RESPONDENT NO.6 Exhibit P7 TRUE COPY OF THE APPOINTMENT ORDER DATED 15.07.2021 ISSUED BY RESPONDENT NO.6 AND APPROVED BY RESPONDENT NO.4 Exhibit P8 TRUE COPY OF THE APPOINTMENT ORDER DATED 15.07.2021 ISSUED BY RESPONDENT NO.6 AND APPROVED BY RESPONDENT NO.4 BY ORDER BEARING NO.B2/117805/2021 DATED 22.12.2022 Exhibit P9 A TRUE COPY OF THE APPROVED APPOINTMENT ORDER OF SMT. ANJANA A.R. AS UPPER PRIMARY SCHOOL TEACHER IN THE ABOVE SCHOOL WITH EFFECT FROM 01.06.2016 THUS ISSUED BY RESPONDENT NO.6 Exhibit P10 A TRUE COPY OF THE ORDER BEARING NO.EC1/15220/2021/DGE DATED 09.05.2022 Exhibit P11 A TRUE COPY OF THE STAFF FIXATION ORDER DATED 08.12.2017 THUS ISSUED BY RESPONDENT NO.4 Exhibit P11 (a) A TRUE COPY OF THE STAFF FIXATION ORDER DATED 08.12.2017 THUS ISSUED BY RESPONDENT NO.4** WP(C) NO. 5264 OF 2023 **==> picture [16 x 9] intentionally omitted <==** **Exhibit P12 A TRUE COPY OF THE DECLARATION DATED 10.03.2021 AND THE STATEMENT OF FIXATION OF PAY THUS RETURNED BY RESPONDENT NO.4** //True copy//PA to Judge