Sajna T.P v. State of Kerala & Others

``` THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V WEDNESDAY, THE 23[RD]DAY OF NOVEMBER 2022 / 2ND AGRAHAYANA,1944 ``` ## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT`** ## **`WP(C) NO. 24170 OF 2022`** ## **`PETITIONER/S:`** ``` SAJNA T.P AGED 37 YEARS (URDU TEACHER) DESASEVA A.U.P SCHOOL, KURUMPOYIL KANNADIPOIL. P.O, BALUSSERY, KOZHIKODE-673 612. BY ADVS. M.A.FAYAZ M.VISHNUPRIYA C.B.ABHINAVA ``` ## **`RESPONDENT/S:`** ``` 1STATE OF KERALA REP. BY SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2DIRECTOR OF GENERAL EDUCATION, O/O THE DIRECTOR OF GENERAL EDUCATION, JAGATHI, THIRUVANANTHAPURAM-695 001. 3DISTRICT EDUCATIONAL OFFICER, THAMARASSERY O/O THE DISTRICT EDUCATIONAL OFFICER THAMARASSERY KOZHIKKODE -673 573 4ASSISTANT EDUCATIONAL OFFICER, BALUSSERY O/O THE ASSISTANT EDUCATIONAL OFFICER, BALUSSERY KOZHIKKODE - 673 612. 5SUB TREASURY OFFICER BALUSSERY O/O THE SUB TREASURY OFFICER BALUSSERY KOZHIKKODE 673 612 ``` ``` WP(C) NO. 24170 OF 2022 ``` ``` 2 ``` ``` 6THE MANAGER. DESASEVA A.U.P SCHOOL, KURUMPOYIL KANNADIPOIL. P.O,BALUSSERY, KOZHIKODE- 673 612. ``` ``` SMT MARY BEENA JOSEPH SR GP ``` ``` THISWRITPETITION(CIVIL)HAVINGCOMEUPFORADMISSIONON 23.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` WP(C) NO. 24170 OF 2022 ``` ``` 3 ``` ## **JUDGMENT** ## This writ petition is filed seeking the following reliefs: “i. To issue a writ of mandamus to direct the respondents 1 to 5 to disburse the salary due to the petitioner for the period from 01.06.2010 to 30.04.2016 on the basis of the approval of appointment granted vide Ext.P5 proceedings forthwith. ii. To declare that Ext.P14 and P15 circulars and Ext. P13 G.O.(P) No. 29/2016/G.Edn. dated 29.01.2016 has no application in the case of the petitioner, who was appointed as Junior Urdu Teacher Full Time w.e.f. 01.06.2010 and was not a beneficiary of Ext. P13 G.O. iii. To declare that in view of the specific direction issued by this Hon’ble Court vide Ext. P10 judgment the respondents 1 to 5 cannot credit the salary arrears of the petitioner from 01.06.2016 to the PF Account. iv. To declare that the directions in Ext. P14 and P15 circulars to remit the arrears of salary in the provident fund for a period of 5 years is applicable only to those teachers whose approval of appointments was granted in accordance with Para II(2) of Ext. P13 G.O. v. To direct the respondents 1 to 5 to grant interest to the petitioner for the arrears of salary from 01.06.2010 to 30.04.2016 illegally withheld for the past 6 years at the prevailing rates.” 2. I have heard Sri. M.A. Fayaz, the learned counsel appearing for the petitioner and the learned Government Pleader. 3. I find that the petitioner was before this Court on an earlier occasion and has preferred W.P.(C.) No.36043/2016, and by Exhibit P10 ``` WP(C) NO. 24170 OF 2022 ``` ``` 4 ``` ## judgment, which has become final, this Court, after considering the entire facts and circumstances, in Para 12 of the judgment, it was ordered thus: “12. Taking into account the above specified aspects, I am of the considered opinion that, petitioner is entitled to get the benefit of the Government Orders discussed above, and assimilating the situations so, I am of the considered view that Ext. P6 order passed by the Assistant Educational Officer cannot be sustained under law, since the petitioner was appointed during the academic year 2010-2011, i.e., from 01.06.2010 onwards. Accordingly, I quash Ext. P6 and there will be a direction to the respondents to pay salary of the petitioner allegedly not paid from June, 2010 to April, 2016, at the earliest, and at any rate, within two months from the date of receipt of a copy of this judgment.” 4. It appears that in the light of Ext.P10 judgment, the 4th respondent has issued Ext.P11 proceedings on 6.3.2020 sanctioning the salary to the petitioner from 1.6.2010 to 30.4.2016. Thereafter the 4th respondent by Ext.P11(a) dated 26.10.2021 has informed the Finance Department that the bill for salary arrears in respect of the petitioner has been received, and a request was made to instruct the Sub Treasury officer, Balussery, to disburse the arrears of salary due to the petitioner. However, it seems that instead of disbursing the amount, the arrears of salary has been remitted in the PF Account. 5. Having considered the sequence of events, I am of the considered opinion that the respondents are bound to comply with the directions issued by this Court in Ext.P10 judgment. Exts.P13, P14 and P15 cannot be made ``` WP(C) NO. 24170 OF 2022 ``` ``` 5 ``` applicable to the petitioner as she was not granted approval based on G.O.(P) No. 29/2016/G.Edn. dated 29.01.2016, but her approval was granted on the basis of Ext.P4 judgment. Furthermore, it was by Ext.P10 judgment that this Court had ordered that the salary due to the petitioner be disbursed. In that view of the matter, this writ petition is disposed of directing the respondents 1 to 5 to disburse the salary due to the petitioner for the period from 1.6.2012 to 30.4.2016 on the basis of Ext.P5 proceedings. The entire exercise shall be completed, and the salary shall be disbursed within two months from the date of receipt of a copy of this judgment. ## **Sd/-** **RAJA VIJAYARAGHAVAN V JUDGE** ``` avs ``` ``` WP(C) NO. 24170 OF 2022 ``` ``` 6 ``` ``` Thedate‘01.06.2012’showninthe3rdlineofthelastparagraphof thejudgmentdated23/11/2022inW.P.(C.)No.24170/2022iscorrected as‘01.06.2010’,asperorderdated14/12/2022inI.A.No.1/2022in W.P.(C.) No. 24170/2022. ``` ``` Sd/- JOINT REGISTRAR ``` ``` WP(C) NO. 24170 OF 2022 ``` ``` 7 ``` ## **`APPENDIX OF WP(C) 24170/2022`** ## **`PETITIONER EXHIBITS`** ``` Exhibit P1TRUE COPY OF THE APPOINTMENT ORDER DATED 01.06.2010. ``` - `Exhibit P2 TRUE COPY OF ORDER NO.F.3768/2010 DATED 14.01.2011 ISSUED BY THE 4TH RESPONDENT.` - `Exhibit P2 A TYPED COPY OF ORDER NO.F.3768/2010 DATED 14.01.2011 ISSUED BY THE 4TH RESPONDENT.` - `Exhibit P3 TRUE COPY OF ORDER NO.B2/K.DIS/799/11 DATED 05.07.2011 ISSUED BY THE 3 RD RESPONDENTS` - `Exhibit P3 A TYPED COPY OF ORDER NO.B2/K.DIS/799/11 DATED 05.07.2011 ISSUED BY THE 3RD RESPONDENT.` - `Exhibit P4 TRUE COPY OF THE JUDGMENT IN W.P(C)NO.23755/2011 DATED 21.03.2016.` - `Exhibit P5 TRUE COPY OF THE ENDORSEMENT OF THE APPROVAL BY THE 4TH RESPONDENT (K.DIS.C1584/2016 DATED 20.05.2016) IN THE APPOINTMENT ORDER DATED 01.06.2010.` - `Exhibit P6 TRUE COPY OF THE CERTIFICATE ISSUED BY THE HEADMISTRESS OF THE SCHOOL DATED NIL.` - `Exhibit P7 TRUE COPY OF THE LETTER NO.C/2492/2016 DATED 24.10.2016 ISSUED BY THE 4TH RESPONDENT.` - `Exhibit P8 TRUE COPY OF G.O(MS)NO. 220/2010/G.EDN DATED 04.11.2010` - `Exhibit P9 TRUE COPY OF THE ORDER NO.13652/12/11/G.EDN DATED 23.03.2011 ISSUED BY THE 1ST RESPONDENT.` ``` WP(C) NO. 24170 OF 2022 ``` ``` 8 ``` ``` Exhibit P10TRUE COPY OF THE JUDGMENT IN W.P(C)NO.36043/2016 DATED EXHIBIT 03.12.2019. Exhibit P11TRUE COPY OF THE ORDER NO.C/1437/19/K.DIS DATED 6/3/2020 ISSUED BY THE 4TH RESPONDENT. Exhibit P11 ATRUE COPY OF THE LETTER NO.C/2842/2021 DATED 26.10.2021 ISSUED BY THE 4TH RESPONDENT. Exhibit P12TRUE COPY OF THE LETTER NO.ITSF-2/704/2021-FIN (19.54281) DATED 29.12.2021 ISSUED BY THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT. Exhibit P13TRUE COPY OF THE G.O(P)NO.29/ 2016/G.EDN DATED 29.01.2016. Exhibit P14TRUE COPY OF THE CIRCULAR NO.06/2018/FIN DATED 10.01.2018. Exhibit P15TRUE COPY OF THE CIRCULAR NO.07/2021/FIN DATED 27.01.2021 ```