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High Court of KeralaSingle JudgeWrit petition allowed; vacation salary entitlem...

Shajimon P K & Others v. State of Kerala and Others

Case / Petition Number:WP(C).No. 34179 of 2015 (V)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • K. Vinod Chandran
Judgment Date
2015-11-19
Court Decision / Holding
W.P.(C) No.34179 of 2015 is allowed. The conditions in Exts. P3 to P27 (and Exts. P3 and P4 in related matters) denying vacation salary in 2012 are quashed. Respondents are directed to disburse the vacation salary due to petitioners within three months of receipt of the judgment copy, applying Ext.P23 clarifications and without prejudice to any other statutory provision.
Final Disposition
Writ petition allowed; vacation salary entitlement recognized and related conditions quashed; orders to disburse salary within three months.

Parties to the Case

Appellants / Petitioners

  • Shajimon P K
  • Arya Surendran R
  • Seena A.P
  • Roshni Balakrishnan
  • Sayedrasheed V.P
  • Mubarak M.
  • Abdul Hameed O.P.
  • Mohammed Babu P.
  • Sunil K.
  • Binu Paul
  • Rajesh V.V
  • Ajukumar P
  • Jaafar Chungath
  • Anil Kumar P (Padinharachira)
  • Sasidum Karb2
  • Vivek C.
  • Abdul Rasheed T.
  • Sudha K.P.
  • Jisha V.
  • Jaithra V.S.
  • Sreeja E
  • Jeeja T
  • Rajeena N.B.
  • Srijith M.
  • Anoop George

Respondents

  • State of Kerala
  • Director of Higher Secondary Education, Thiruvananthapuram
  • Regional Deputy Director of Education, Higher Secondary Education, Malappuram
  • Regional Deputy Director of Education, Higher Secondary Education, Kozhikode
  • Regional Deputy Director of Education, Higher Secondary Education, Thiruvananthapuram

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri.K.T.Shyam Kumar
  • • Sri.Harish R. Menon

Counsels for Respondents

  • • Smt.A.Lowsy

Case Synopsis & Summary

The petition challenges the withholding of vacation salary for Higher Secondary School Teachers appointed under Chapter XXXII of the Kerala Education Rules, in permanent vacancies. Petitioners contend that the appointments were made with permanency and that vacation salary must be paid even if the appointment extends beyond 31 March of the calendar year, relying on government clarifications (Exts. P22–P23) and a prior decision (Exhibit P31) which held that denial of vacation salary under Rule 49 of Chapter XIVA is unwarranted where no statutory provision forbids it. The respondents argued the nonpayment is governed by Rule 49 of Chapter XIVA, which contemplates nonpayment under specific circumstances, and that XXXII does not contain an identical provision to Rule 51B of XIVA. The learned judge relies on Ext. P23 clarifications and notes the absence of a Rule analogous to Rule 49A in XXXII; drawing analogy from Pathanapuram Taluk Samajam Corporate Management Schools v. Sreelatha to emphasize that benefits cannot be extended absent a similar provision, but ultimately reasons that there is no express prohibition and that petitioners are entitled to vacation salary during the relevant period. The petition is allowed; challenged conditions (Exts. P3–P21, P23) restricting vacation salary for 2012 are set aside and vacation salary must be disbursed within three months.

Provisions of Law Cited

Rule 49 of Chapter XIVA of the Kerala Education Rules (KER)Rule 51B of Chapter XIVA of the Kerala Education Rules (KER)Rule 49A of Chapter XIVA of the Kerala Education Rules (KER)Chapter XXXII of the Kerala Education Rules (KER)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioners contend that appointment letters to permanent vacancies in Higher Secondary Schools carry an implicit entitlement to vacation salary. They rely on Exts. P22–P23 clarifications indicating that teachers appointed to permanent vacancies are entitled to vacation salary beyond March 31 and on the decision in Exhibit P31, which addresses vacation salary nonpayment under Rule 49 of Chapter XIVA. They argue that Chapter XXXII does not contain an equivalent restrictive provision, and that absence of a prohibition should not bar their entitlement; thus, the conditions in Exts. P3–P27 (and P22–P23 referrals) seeking to deny vacation salary are invalid and must be set aside and salaries disbursed.

Contentions of Respondents

The respondent state that nonpayment of vacation salary is governed by Rule 49 of Chapter XIVA and that the absence of an identical provision in XXXII supports withholding. They rely on the government orders and statutory provisions to contend that the petitioners’ appointment terms justified denial of vacation salary in the year of appointment. They contend the decision in Exhibit P31 supports the structured approach in earlier orders but must be read with the statutory framework; ultimately they argue that the existing rules and clarifications do not mandate vacation salary in the specified context and that any deviation requires a clear statutory basis.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Pathanapuram Taluk Samajam Corporate Management Schools v. Sreelatha2006 (3) KLT 867PositiveCited as authority for the principle that benefits cannot be extended in the absence of a similar statutory provision in Chapter XXXII; used to illustrate the need for analogous provisions for extending benefits.
W.P[C] No.15651/2014Judgment dated 04.12.2014Mentioned OnlyReferenced as Exhibit P31, a precedent on vacation salary entitlements, but not directly controlling the outcome; serves as background to the court’s reasoning on entitlements.

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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 K.VINOD CHANDRAN** **THURSDAY, THE 19TH DAY OF NOVEMBER 2015/28TH KARTHIKA, 1937** **WP(C).No. 34179 of 2015 (V)** **----------------------------** ## **PETITIONER(S): --------------** **1. SHAJIMON P K, HIGHER SECONDARY SCHOOL TEACHER (ECONOMICS), C.H.M.HIGHER SECONDARY SCHOOL, POOKOLATHUR, PULPATTA.P.O., MALAPPURAM DISTRICT.** **2. ARYA SURENDRAN R., HIGHER SECONDARY SCHOOL TEACHER (MALAYALAM) C.H.M.HIGHER SECONDARY SCHOOL, POOKOLATHUR PULPATTA.P.O., MALAPPURAM DISTRICT.** ## **3. SEENA A.P** **HIGHER SECONDARY SCHOOL TEACHER (MATHEMATICS) C.H.M.HIGHER SECONDARY SCHOOL, POOKOLATHUR, PULPATTA.P.O., MALAPPURAM DISTRICT.** **4. ROSHNI BALAKRISHNAN HIGHER SECONDARY SCHOOL TEACHER (BOTANY) C.H.M.HIGHER SECONDARY SCHOOL, POOKOLATHUR PULPATTA.P.O., MALAPPURAM DISTRICT.** ## **5. SAYEDRASHEED V.P.,** **HIGHER SECONDARY SCHOOL TEACHER (POLITICAL SCIENCE) C.H.M.HIGHER SECONDARY SCHOOL, POOKOLATHUR, PULPATTA.P.O., MALAPPURAM DISTRICT.** **6. MUBARAK M., HIGHER SECONDARY SCHOOL TEACHER(JR.)(ZOOLOGY) C.H.M.HIGHER SECONDARY SCHOOL, POOKOLATHUR PULPATTA.P.O., MALAPPURAM DISTRICT.** **7. ABDUL HAMEED O.P., HIGHER SECONDARY SCHOOL TEACHER (PHYSICS) C.H.M.HIGHER SECONDARY SCHOOL, POOKOLATHUR, PULPATTA.P.O., MALAPPURAM DISTRICT.** **8. MOHAMMED BABU P., HIGHER SECONDARY SCHOOL TEACHER (SOCIOLOGY) NAROKKAVU HIGHER SECONDARY SCHOOL KUNNUMELPOTTY.P.O., MEKKORAVA, MALAPPURAM DISTRICT.** **9. SUNIL K., HIGHER SECONDARY SCHOOL TEACHER (PHYSICS) NAROKKAVU HIGHER SECONDARY SCHOOL, KUNNUMELPOTTY.P.O., MEKKORAVA, MALAPPURAM DISTRICT.** **WP(C).No. 34179 of 2015 (V)** ## **----------------------------** ## **10. BINU PAUL** **HIGHER SECONDARY SCHOOL TEACHER (ECONOMICS) NAROKKAVU HIGHER SECONDARY SCHOOL KUNNUMELPOTTY.P.O., MEKKORAVA, MALAPPURAM DISTRICT.** ## **11. RAJESH V.V** **HIGHER SECONDARY SCHOOL TEACHER (POLITICAL SCIENCE) NAROKKAVU HIGHER SECONDARY SCHOOL KUNNUMELPOTTY.P.O., MEKKORAVA, MALAPPURAM DISTRICT.** **12. AJUKUMAR P** **HIGHER SECONDARY SCHOOL TEACHER (BOTANY) NAROKKAVU HIGHER SECONDARY SCHOOL KUNNUMELPOTTY.P.O., MEKKORAVA, MALAPPURAM DISTRICT.** ## **13. JAFFAR CHUNGATH** **HIGHER SECONDARY SCHOOL TEACHER (HISTORY) NAROKKAVU HIGHER SECONDARY SCHOOL KUNNUMELPOTTY.P.O., MEKKORAVA, MALAPPURAM DISTRICT.** **14. ANIL KUMAR P (PADINHARACHIRA) HIGHER SECONDARY SCHOOL TEACHER (MATHEMATICS) NAROKKAVU HIGHER SECONDARY SCHOOL KUNNUMELPOTTY.P.O., MEKKORAVA, MALAPPURAM DISTRICT.** **15. SASIKUMAR K.V., HIGHER SECONDARY SCHOOL TEACHER (MATHEMATICS) RAMANATTUKARA HIGHER SECONDARY SCHOOL VYDIARANGADI.P.O., MALAPPURAM DISTRICT.** ## **16. VIVEK C.,** **HIGHER SECONDARY SCHOOL TEAHCER (CHEMISTRY) RAMANATTUKARA HIGHER SECONDARY SCHOOL, VYDIARANGADI.P.O., MALAPPURAM DISTRICT.** **17. ABDUL RASHEED T., HIGHER SECONDARY SCHOOL TEAHCER (POLITICAL SCIENCE) RAMANATTUKARA HIGHER SECONDARY SCHOOL, VYDIARANGADI.P.O., MALAPPURAM DISTRICT.** **18. SUDHA K.P., HIGHER SECONDARY SCHOOL TEAHCER (ECONOMICS) RAMANATTUKARA HIGHER SECONDARY SCHOOL, VYDIARANGADI.P.O., MALAPPURAM DISTRICT.** **19. JISHA V., HIGHER SECONDARY SCHOOL TEAHCER(JR.)(BOTANY) RAMANATTUKARA HIGHER SECONDARY SCHOOL VYDIARANGADI.P.O., MALAPPURAM DISTRICT.** **20. JAITHRA V.S., HIGHER SECONDARY SCHOOL TEAHCER(JR.)(ZOOLOGY) RAMANATTUKARA HIGHER SECONDARY SCHOOL VYDIARANGADI.P.O., MALAPPURAM DISTRICT.** **21. SREEJA E HIGHER SECONDARY SCHOOL TEAHCER (MALAYALAM) RAMANATTUKARA HIGHER SECONDARY SCHOOL VYDIARANGADI.P.O., MALAPPURAM DISTRICT.** **WP(C).No. 34179 of 2015 (V)** ## **----------------------------** **22. JEEJA T HIGHER SECONDARY SCHOOL TEAHCER (PHYSICS) RAMANATTUKARA HIGHER SECONDARY SCHOOL VYDIARANGADI.P.O., MALAPPURAM DISTRICT.** **23. RAJEENA N.B., HIGHER SECONDARY SCHOOL TEAHCER (SOCIOLOGY) RAMANATTUKARA HIGHER SECONDARY SCHOOL, VYDIARANGADI.P.O., MALAPPURAM DISTRICT.** **24. SRIJITH M., HIGHER SECONDARY SCHOOL TEAHCER (HISTORY) RAMANATTUKARA HIGHER SECONDARY SCHOOL VYDIARANGADI.P.O., MALAPPURAM DISTRICT.** **25. ANOOP GEORGE HIGHER SECONDARY SCHOOL TEACHER(JR.)(MATHEMATICS) ST.STEPHEN'S HIGHER SECONDARY SCHOOL, PATHANAPURAM PATHANAMTHITTA DISTRICT.** **BY ADVS.SRI.K.T.SHYAM KUMAR SRI.HARISH R. MENON** **RESPONDENT(S):** **--------------** ## **1. STATE OF KERALA** **REPRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM. PIN-695 001.** **2. DIRECTOR OF HIGHER SECONDARY EDUCATION SANTHI NAGER, THIRUVANANTHAPURAM. PIN-695 001.** **3. REGIONAL DEPUTY DIRECTOR OF EDUCATION HIGHER SECONDARY EDUCATION, REGIONAL OFFICE MALAPPURAM. PIN-673 003.** **4. REGIONAL DEPUTY DIRECTOR OF EDUCATION HIGHER SECONDARY EDUCATION, REGIONAL OFFICE, KOZHIKODE PIN-673 082.** **5. REGIONAL DEPUTY DIRECTOR OF EDUCATION HIGHER SECONDARY EDUCATION, REGIONAL OFFICE THIRUVANANTHAPURAM. PIN-695 001.** **R BY GOVERNMENT PLEADER SMT.A.LOWSY** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).No. 34179 of 2015 (V) ----------------------------** **APPENDIX** **PETITIONER(S)' EXHIBITS -----------------------** **P1- A TRUE COPY OF THE G.O.(MS)NO.211/2011/G.EDN. DATED 24.10.2011.** **P2- A TRUE COPY OF THE CIRCULAR NO.ACD-B5/47005/HSE/10 DATED 15.11.2011.** **P3- TRUE COPY OF THE ORDER NO.B3/14023/2011 DATED 26.04.2012 APPROVING THE APPOINTMENT OF THE 1ST PETITIONER.** **P4- TRUE COPY OF THE ORDER NO.B3/14023/2011 DATED 26.04.2012 APPROVING THE APPOINTMENT OF THE 2ND PETITIONER.** **P5- TRUE COPY OF THE ORDER NO.B3/14023/2011 DATED 26.04.2012 APPROVING THE APPOINTMENT OF THE 3RD PETITIONER.** **P6- TRUE COPY OF THE ORDER NO.B3/14023/2011 DATED 26.04.2012 APPROVING THE APPOINTMENT OF THE 4TH PETITIONER.** **P7- TRUE COPY OF THE ORDER NO.B3/14023/2011 DATED 12.09.2012 APPROVING THE APPOINTMENT OF THE 5TH PETITIONER.** **P8- TRUE COPY OF THE ORDER NO.B3/14023/2011 DATED 07.09.2012 APPROVING THE APPOINTMENT OF THE 6TH PETITIONER.** **P9- TRUE COPY OF THE ORDER NO.B4/2419/2013 DATED 05.07.2013 APPROVING THE APPOINTMENT OF THE 7TH PETITIONER.** **P10- TRUE COPY OF THE ORDER NO.B4/14037/2011(7) DATED 04.09.2012 APPROVING THE APPOINTMENT OF THE 8TH PETITIONER.** **P11- TRUE COPY OF THE ORDER NO.B4/14037/2011 DATED 11.09.2012 APPROVING THE APPOINTMENT OF THE 9TH PETITIONER.** **P12- TRUE COPY OF THE ORDER NO.B4/14037/2011(2) DATED 10.07.2012 APPROVING THE APPOINTMENT OF THE 10TH PETITIONER.** **P13- TRUE COPY OF THE ORDER NO.B4/14037/2011(4) DATED 10.07.2012 APPROVING THE APPOINTMENT OF THE 11TH PETITIONER.** **P14- TRUE COPY OF THE ORDER NO.B4/14037/2011 DATED 13.07.2012 APPROVING THE APPOINTMENT OF THE 12TH PETITIONER.** **P15- TRUE COPY OF THE ORDER NO.B4/14037/2011(6) DATED 04.09.2012 APPROVING THE APPOINTMENT OF THE 13TH PETITIONER.** **P16- TRUE COPY OF THE ORDER NO.B4/14037/2011(12) DATED 22.09.2012 APPROVING THE APPOINTMENT OF THE 14TH PETITIONER.** **P17- TRUE COPY OF THE ORDER NO.A1/3342/2012(B) DATED 31.07.2012 APPROVING THE APPOINTMENT OF THE 15TH PETITIONER.** **WP(C).No. 34179 of 2015 (V) ---------------------------** **P18- TRUE COPY OF THE ORDER NO.A1/3342/2012(J) DATED 31.07.2012 APPROVING THE APPOINTMENT OF THE 16TH PETITIONER.** **P19- TRUE COPY OF THE ORDER NO.A1/3342/2012(C) DATED 31.07.2012 APPROVING THE APPOINTMENT OF THE 17TH PETITIONER.** **P20- TRUE COPY OF THE ORDER NO.A1/3342/2012(A) DATED 31.07.2012 APPROVING THE APPOINTMENT OF THE 18TH PETITIONER.** **P21- TRUE COPY OF THE ORDER NO.A1/3342/2012(E) DATED 31.07.2012 APPROVING THE APPOINTMENT OF THE 19TH PETITIONER.** **P22- TRUE COPY OF THE ORDER NO.A1/3342/2012(F) DATED 31.07.2012 APPROVING THE APPOINTMENT OF THE 20TH PETITIONER.** **P23- TRUE COPY OF THE ORDER NO.A1/3342/2012(I) DATED 31.07.2012 APPROVING THE APPOINTMENT OF THE 21ST PETITIONER.** **P24- TRUE COPY OF THE ORDER NO.A1/3342/2012(K) DATED 31.07.2012 APPROVING THE APPOINTMENT OF THE 22ND PETITIONER.** **P25- TRUE COPY OF THE ORDER NO.A1/3342/2012(G) DATED 31.07.2012 APPROVING THE APPOINTMENT OF THE 23RD PETITIONER.** **P26- TRUE COPY OF THE ORDER NO.A1/3342/2012(D) DATED 31.07.2012 APPROVING THE APPOINTMENT OF THE 24TH PETITIONER.** **P27- TRUE COPY OF THE ORDER NO.A3/2899/2012(I) DATED 03.08.2012 APPROVING THE APPOINTMENT OF THE 25TH PETITIONER.** **P28- TRUE COPY OF THE GOVERNMENT ORDER NO.G.O.(MS)NO.126/1992/G.EDN. DATED 17.6.1992.** **P29- A TRUE COPY OF THE COMMUNICATION NO.ACD-C3/53830/HSE/2013 DATED 19.12.2013.** **P30- A TRUE COPY OF THE ORDER NO.A3/12735/2011 DATED 19.04.2012.** **P31- TRUE COPY OF THE JUDGMENT DATED 4.12.2014 IN W.P[C] NO.15651/2014.** **P32- TRUE COPY OF THE GOVERNMENT ORDER DATED 3.3.2015.** **P33- TRUE COPY OF THE ORDER DATED 21.5.2015 ISSUED BY THE 2ND RESPONDENT.** **RESPONDENT(S)' EXHIBITS : NIL -----------------------** **/TRUE COPY/** **P. A. TO JUDGE** **Pn** ## **K.VINOD CHANDRAN, J. ------------------------------------W.P.(C) No.34179 of 2015 ----------------------------------------Dated this the 19[th] day of November, 2015** ## **J U D G M E N T** The issue raised in the above writ petition with respect to eligibility for vacation salary is squarely covered by the decision of this Court in Exhibit P31, wherein it was held so:- _“5. On a consideration of the facts and circumstances of the case as also the submissions made across the Bar, I find that in the orders issued by the 3[rd] respondent, approving the appointments of the petitioners to posts of HSST Junior in the respective Colleges, there is a condition inserted which qualified their approval by stating that the petitioners would not be entitled to vacation salary in the year of their appointment. The orders passed by the 3[rd] respondent would indicate that the stand taken by the 3[rd] respondent was on account of Rule 49 of Chapter XIVA of KER which deals with the nonpayment of vacation salary to teachers appointed in terms of that Chapter under certain specified circumstances. While no provision has been brought to my notice that would suggest that there is a similar Rule applicable in respect of persons appointed as HSSTs in Higher Secondary Schools covered by Chapter XXXII of the KER, I note that by way of Ext.P22 order of the Government and Ext.P23 clarification issued by the Directorate of Higher Secondary Education, it has been made clear that_ W.P.(C) No.34179 of 2015 2 _persons such as the petitioners, who were appointed to permanent vacancies in Higher Secondary Schools, would be entitled to vacation salary so long as the appointment persisted even for the period subsequent to 31[st] March of the calender year. In the light of Ext.P23 clarification, I do not see any reason why the petitioners should be denied the benefit of vacation salary, more so when there is no statutory provision that is brought to my notice which would indicate that the petitioners are not entitled to such vacation salary. It might also be relevant to refer to the judgment of the Division Bench of this Court in_ _**Pathanapuram Taluk Samajam Corporate Management Schools v. Sreelatha [2006 (3) KLT 867],** which was rendered in the context of a case where the applicability of Rule 51B of Chapter XIVA of the KER to appointments effected under Chapter XXXII of the KER, came up for consideration, and it was held that unless a similar provision, as contained in Rule 51B, was incorporated in Chapter XXXII, it was_ _not possible to contend that the benefits of employment assistance available to dependents of aided High School and Primary School teachers could be extended to vacancies available in Higher Secondary Section. Drawing analogy from the said decision, and also noticing that there is no provision similar to Rule 49A of Chapter XIVA in Chapter XXXII of the KER, I am of the view that the condition impugned in the orders passed by the 3[rd] respondent cannot be legally sustained. Accordingly, I quash_ W.P.(C) No.34179 of 2015 3 _Exts.P3 to P21 in W.P.(C).No.15651/2014 and Exts.P3 and P4 in W.P.(C).No.11048/2014, to the extent they impose a condition that the candidate in question is not entitled to vacation salary in the year 2012 in terms of Rule 49 of Chapter XIVA of the KER. The respondents shall take immediate steps to disburse the vacation salary that is due and payable to the petitioners in the writ petitions within a period of three months from the date of receipt of copy of this judgment”._ 2. Accordingly, the above writ petition would stand allowed. The conditions in Exhibits P3 to P27 that the respective petitioners would not be entitled to salary during vacation of the year 2012 would stand set aside. The directions in the afore-cited judgment shall apply to the petitioners herein also. Sd/- **K.VINOD CHANDRAN, JUDGE** AV/21/11