Surabhi.C.V v. State of Kerala and others

Case Details & Bench

Court: High Court of Kerala
Hon'ble Judges: P. V. Kunhikrishnan
Judgment Date: 2023-04-03
Court Decision / Holding: Writ petition allowed. Exts P17 and P18 quashed. The 5th respondent directed to pass a consequential order in light of Ext P11 and Ext P21 and to accept the petitioner’s resignation, within one month from certified copy of the judgment. Further, the 2019 pay revision arrears and full-time benefits are to be disbursed forthwith.
Final Disposition: Allowed

Parties to the Case

Appellants / Petitioners

Surabhi.C.V

Respondents

State of Kerala
Secretary to the Government, General Education Department, Government Secretariat, Thiruvananthapuram
Director of General Education, Office of the Director General of Education, Jagathy, Thiruvananthapuram
Deputy Director of Education, Kozhikode
District Educational Officer, Kozhikode
Assistant Educational Officer, Chevayur
Head Mistress, Karannoor AUP School, Eranhikkal
District Officer, Kerala Public Service Commission, Kozhikode
Headmaster, GHS Vanmugam, Kozhikode

Legal Representation & Advocates

Counsels for Petitioners

• M.A. Fayaz
• M. Vishnu Priya
• C.B. Abhinava

Counsels for Respondents

• Smt. Nisha Bose, Senior G.P.

Case Synopsis & Summary

The petitioner, Surabhi C.V., a lower grade Urdu teacher appointed on a part-time basis with full-time benefits at Karannoor AUP School, Eranhikkal, challenges Ext P17 issued by the District Educational Officer and the consequential Ext P18. She was initially appointed in 2015; for teachers appointed before 31.03.2019 the time to acquire KTET qualification was extended up to 31.05.2021. The schools reopened physically only from 01.11.2021. The petitioner cleared KTET on 03.09.2021 (Ext P11). Government Order Ext P21 dated 17.02.2023 extended the time to acquire KTET. Ext P17, dated 23.01.2023, and Ext P18, issued by the Headmistress based on Ext P17, were challenged as they purportedly denied the petitioner pay revision arrears and full-time benefits and hampered her resignation from one school to join another. The petitioner contends that her KTET qualification, the later government order extending eligibility (Ext P21), and the interim actions justify entitlement to the pay revision arrears and benefits, and the resignation should be accepted. The judgment ultimately quashes Exts P17 and P18, directs the 5th respondent to pass a consequential order in line with Ext P21 and to accept the petitioner’s resignation, and orders immediate disbursal of 2019 pay revision arrears and full-time benefits.”

Provisions of Law Cited

G.O(MS) NO. 62/73/G.EDN dated 02-05-1973G.O(MS) NO. 152/78/G.EDN dated 31-10-1978G.O(MS) NO. 194/2019/G.EDN dated 15-11-2019G.O(MS) NO 15/2023/G.EDN dated 17-02-2023

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner submits that Ext P17 (23.01.2023) and the consequent Ext P18 deprive her of the mandated pay revision arrears and full-time benefits, notwithstanding her KTET qualification and the Government Order Ext P21 (17.02.2023) extending the eligibility period. She asserts that she had already cleared KTET (Ext P11) and, in light of Ext P21, the reasoning behind Ext P17 is untenable. She seeks quashing of Exts P17 and P18, a mandamus directing the 5th respondent to pass a consequential order aligning with Ext P21, and to sanction and disburse arrears and benefits, as well as acceptance of her resignation to facilitate payment from her new post. The reliefs also include directing adjustments of SPARK accounts and related matters.

Contentions of Respondents

The respondents contend that Ext P17 and the related Ext P18 were valid administrative actions in furtherance of policy and the records before the authorities. They rely on the earlier notings, orders, and procedures tied to KTET qualification timelines in the pre- and post-pandemic context. They argue the need to adhere to established timelines and the integrity of the administrative process, including the acceptance of resignations and the disbursal of arrears only as per the statutory and departmental guidelines.

Extracted Judgment Text

Exact text extracted from official judgment records.

WP(C) NO. 3995 OF 2023 1 ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** # **PRESENT** **THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN** **MONDAY, THE 3[RD] DAY OF APRIL 2023 / 13TH CHAITHRA, 1945** ## **WP(C) NO. 3995 OF 2023** ## **PETITIONER/S:** SURABHI.C.V AGED 38 YEARS LOWER GRADE URDU TEACHER, (PART TIME) (WITH FULL TIME BENEFITS) KARANNOOR AUP SCHOOL ERANHIKKAL P.O., KOZHIKODE, PIN - 673303 BY ADVS. M.A.FAYAZ M.VISHNUPRIYA C.B.ABHINAVA ## **RESPONDENT/S:** 1 STATE OF KERALA REP. BY SECRETARY TO THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 DIRECTOR OF GENERAL EDUCATION OFFICE OF THE DIRECTOR GENERAL OF EDUCATION JAGATHY, THIRUVANANTHAPURAM, PIN - 695001 3 DEPUTY DIRECTOR OF EDUCATION KOZHIKODE OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE, PIN - 673001 4 THE DISTRICT EDUCATIONAL OFFICER OFFICE OF THE DISTRICT EDUCATIONAL OFFICER KOZHIKODE, PIN - 673004 5 ASSISTANT EDUCATIONAL OFFICER CHEVAYUR OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER WP(C) NO. 3995 OF 2023 2 KOZHIKODE, PIN - 673004 6 HEAD MISTRESS KARANNOOR AUP SCHOOL ERANHIKKAL P.O., KOZHIKODE, PIN - 673303 7 DISTRICT OFFICER KERALA PUBLIC SERVICE COMMISSION, DISTRICT OFFICE, KOZHIKODE, PIN - 673004 8 HEADMASTER GHS VANMUGAM, KOZHIKODE, PIN - 673529 BY ADV SMT.NISHA BOSE, SENIOR G.P. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 3995 OF 2023 3 ## **P.V.KUNHIKRISHNAN, J --------------------------------------W.P.(C) No. 3995 of 2023 -------------------------------------Dated this the 3[rd] day of April, 2023** ## **JUDGMENT** ## The above writ petition is filed with following prayers : “i. To call for the records leading to the issuance of Ext P17 communication of the 5[th] respondent and to set aside the same by issuing a Writ of certiorari. ii. To issue a Writ of Mandamus directing the 3[rd] and 5[th] respondents to sanction and disburse the Full Time benefits and also the Pay Revision arrears in accordance with Ext P2. P3 and P4 and also 2019 Pay Revision order, forthwith. iii. To issue a Writ of Mandamus directing the 5[th] respondent to accept the resignation submitted by the petitioner w.e.f 7/11/2022 vide Ext P14 to take up employment in the Government service. iv. To declare that in view of petitioner acquiring K TET qualification in the examination held on 3.9.2021 before the physical reopening of schools on 1.11.2021, in accordance with the Government directions, Ext P5 G.O and Ext P2 order WP(C) NO. 3995 OF 2023 4 petitioner is entitled to get his Pay Revision arrears and the Full Time benefits. v. To direct the competent among the official respondents to close the SPARK account allotted to the petitioner while working in the Aided School after disbursing the outstanding eligible arrears, to enable the petitioner to open new SPARK account at GHS Vanmugham. vi. To dispense with the filing of translated copies of Exts produced in the above Writ Petition. ## AND vii. To grant such other reliefs or orders as this Hon’ble Court may deem fit and proper in the above case, and to award costs.” [SIC] 2. The petitioner herein was appointed as Language Teacher Urdu (Part Time) at Karannoor AUP School Eranhikkal w.e.f. 01.06.2015, which was approved as evident by Ext.P1. The petitioner's probation was declared by the Manager and was getting increments also. In respect of those teachers appointed prior to 31.03.2019, the 1[st] respondent had extended the time to acquire K TET qualification, upto the reopening of the academic year 2020-21 that is upto 31.05.2021. But it is submitted that the schools were not reopened w.e.f. 01.06.2021 WP(C) NO. 3995 OF 2023 5 and the physical reopening of the school happened in Kerala only w.e.f. 01.11.2021. Now, it is an admitted fact that the petitioner cleared K TET examination as evident by Ext.P11. It is also an admitted fact that as per Ext.P21 Government Order, the Government already extended the time to acquire the K TET examination. Ext.P17 is passed by the District Educational Officer on 23.01.2023 and Ext.P21 Government Order is on 17.02.2023. In the light of the fact that the petitioner already acquired K TET qualification as evident by Ext.P11 and also in the light of the Government Order as evident by Ext.P21, I think the reasoning in Ext.P17 will not stand. Therefore, Ext.P17 can be set aside and the Assistant Educational Officer can pass consequential order in the light of Ext.P21. Ext.P18 is the consequential direction issued by the Headmistress based on Ext.P17. Hence, Ext.P18 also can be quashed. Now, the petitioner resigned from the 6[th] respondent-school and joined in the 8[th] respondent -school. But the resignation letter is not accepted is the further grievance. There can be a direction to accept the resignation letter also to facilitate the petitioner to WP(C) NO. 3995 OF 2023 6 get salary from the 8[th] respondent-school. Therefore, this writ petition is allowed in the following manner : - 1) Exts.P17 and P18 are quashed. - 2) The 5[th] respondent is directed to pass consequential order in the light of Exts.P11 and P21 and will also accept the resignation letter of the petitioner as expeditiously as possible, at any rate, within one month from the date of receipt of a stamped certified copy of this judgment. - 3) Based on the above decision, 2019 pay revision arrears and full time benefits shall also disbursed to the petitioner, forthwith. ## **SD/-** ## **P.V.KUNHIKRISHNAN JUDGE** SKS WP(C) NO. 3995 OF 2023 7 ## **APPENDIX OF WP(C) 3995/2023** PETITIONER EXHIBITS - Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE 5TH RESPONDENT CONTAINING THE ENDORSEMENT OF THE APPROVAL OF APPOINTMENT BY THE 5TH RESPONDENT AEO - Exhibit P2 TRUE COPY OF THE ORDER NO. K.DIS.C/1575/2020/ DATED 01.10.2020 ISSUED BY THE 5TH RESPONDENT - Exhibit P3 TRUE COPY OF G.O(MS)NO.62/73/G.EDN DATED 02.05.1973 - Exhibit P4 TRUE COPY OF G.O(MS)NO.152/78/G.EDN DATED 31.10.1978 - Exhibit P5 TRUE COPY OF G.O(MS)NO.194/2019/G.EDN DATED 15.11.2019 - Exhibit P6 TRUE COPY OF THE 3RD RESPONDENTS LETTER NO.E4/7071/2021 DATED 05.07.2021 - Exhibit P7 TRUE COPY OF PROCEEDINGS NO.C/1458/21(1) DATED 03.08.2021 ISSUED BY THE 5TH RESPONDENT - Exhibit P8 TRUE COPY OF THE ENDORSEMENT MADE BY THE 5TH RESPONDENT DATED 03.08.2021 - Exhibit P9 TRUE COPY OF LETTER NO.C/1458/2021 DATED 04.08.2021 ISSUED BY THE 5TH RESPONDENT TO THE 6TH RESPONDENT - Exhibit P10 TRUE COPY OF THE INTERIM ORDER IN W.P(C)NO. 16502/2021 DATED 12.08.2021 - Exhibit P11 TRUE COPY OF THE CERTIFICATE DATED WP(C) NO. 3995 OF 2023 8 16.12.2021 EVIDENCING THE PETITIONER CLEARING THE K TET EXAMINATION HELD ON 03.09.2021 - Exhibit P12 TRUE COPY OF THE ADVICE MEMO ISSUE BY THE 7TH RESPONDENT DATED 10.10.2022 - Exhibit P13 TRUE COPY OF ORDER NO.A3/10322/2019 DATED 25.10.2022 ISSUED BY THE 3RD RESPONDENT - Exhibit P14 TRUE COPY OF THE RESIGNATION LETTERS SUBMITTED BY THE PETITIONER DATED 07.11.2022 - Exhibit P15 TRUE COPY OF THE CIRCULAR NO.H2/3709/ 2021/DGE DATED 03.05.2021 ISSUED BY THE 2ND RESPONDENT - Exhibit P16 TRUE COPY OF ONE OF SUCH ENDORSEMENT MADE BY THE 5TH RESPONDENT OFFICE DATED 15.11.2022 - Exhibit P17 TRUE COPY OF LETTER NO.C/3552/22 DATED 23.01.2023 ISSUED BY THE 5TH RESPONDENT AEO - Exhibit P18 TRUE COPY OF THE LETTER DATED 01.02.2023 ISSUED BY THE 6TH RESPONDENT - Exhibit P19 TRUE COPY OF THE INTERIM ORDER IN W.P(C)NO. 25843/2022 DATED 11.08.2022. - Exhibit P20 TRUE COPY OF THE INTERIM ORDER IN W.P(C)NO.2224/2021 DATED 10.02.2021 - Exhibit P21 TRUE COPY OF G.O(MS) NO 15/2023/G.EDN DATED 17.02.2023