IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO. 5474 OF 2022
PETITIONERS:
1 GALIB SHAH S., AGED 45 YEARS, S/O LATE M.SYED MOHAMED,
7-177, A.M. HOUSE, QUARRY ROAD, THAYYILTHAZHAM,
PERUMANNA P.O., KOZHIKODE-673019.
2 GIFFARA S., D/O LATE M.SYED MOHAMED,
7-177, A.M. HOUSE, QUARRY ROAD,
THAYYILTHAZHAM, PERUMANNA P.O.,
KOZHIKODE-673019.
P.A.NOOR MUHAMED
BILAL NIAMATHULLA
RUXANA P.N.
T.K.KUNJUMON
K.S.SUNEER
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS CHIEF SECRETARY,
SECRETARIAT, THIRUVANANTHAPURAM, PIN. 695 001.
2 THE SECRETARY, DEPARTMENT OF HIGHER EDUCATION,
GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN. 695 001.
3 THE SECRETARY
DEPARTMENT OF FINANCE, GOVERNMENT OF KERALA,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
PIN - 695001
4 THE DIRECTOR
THE DIRECTORATE OF COLLEGIATE EDUCATION,
VIKAS BHAVAN, THIRUVANANTHAPURAM
PIN - 695033
5 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
KOZHIKODE, PIN - 673001
WP(C) NO. 5474 OF 2022
2
6 THE PRINCIPAL
M.E.S. MAMPAD COLLEGE,
MALAPPURAM, PIN - 676542
7 MUSLIM EDUCATIONAL SOCIETY
REPRESENTED BY ITS CORRESPONDENT & CHAIRMAN,
MES FATHIMA GHAFOOR MEMORIAL WOMEN'S COLLEGE
CAMPUS, KANNUR ROAD, NADAKKAVU P.O., KOZHIKODE
PIN - 673011
BABU KARUKAPADATH
M.A.VAHEEDA BABU
P.U.VINOD KUMAR
ARYA RAGHUNATH
VAISAKHI V.
T.M.MUHAMMED MUSTHAQ
MOHAMED HISHAM P
KARUKAPADATH WAZIM BABU
P.LAKSHMI
AISWARYA ANN JACOB
SRI.JOSHY THANNIKKAMATTAM(GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 07.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 5474 OF 2022
3
JUDGMENT
The petitioners have approached this Court seeking various benefits that would have been entitled to their father - late Sri.M.Syed Mohamed, consequent to his service in the services of the sixth respondent College.
2. I do not require to go into the details of the various allegations of the petitioners because, pending this lis, the Government is stated to have issued an order conceding to the retiral benefits of the petitioners' father; and today, reports before this Court that the papers with respect to this have been forwarded to the Accountant General.
3. Sri.P.A.Noor Muhamed - learned counsel for the petitioners, however, submitted that there are three other aspects which have yet not been answered by the Government. He contended that his clients' father ought to have been appointed as a Senior Superintendent after 10.10.1976 on the orders of the Directorate of Collegiate Education, which was issued pursuant to Ext.P3 judgment of a learned Division Bench of this Court and that the consequential retiral and service benefits have been refused to be recomputed on such basis. He further asserted that his WP(C) NO. 5474 OF 2022 4 clients' father had been prevented from holding the post of Senior Superintendent between 09.05.1992 to 30.06.1995 on the basis of an allegation that he did not pass M.O.P. which, according to him, was not necessary; and finally that for all these omissions, he is entitled to eligible compensation.
4. Sri.Joshy Thannikkamattom - learned Government Pleader, affirmed that the retiral benefits of the petitioners' father have already been sanctioned by the competent Authority and that the papers are now pending with the Accountant General. As regards the other claims made by the petitioners as afore, he submitted that the competent Authority is willing to consider all of them, after hearing the petitioners and to issue appropriate orders without any further delay.
5. Sri.Wazim Karukapadath - learned counsel appearing for respondents 6 and 7, submitted that the petitioners cannot make any claim against his clients because they have done everything which was expected to be done, including that their father had been promoted as a Senior Superintendent at the relevant time. He argued that, therefore, every direction in Ext.P14 judgment had been complied with by his clients and thus prayed that no further orders be issued against them. WP(C) NO. 5474 OF 2022 5
6. When I consider and evaluate the afore submissions, it is evident that this Court will be now justified in disposing of this writ petition with the following directions:
(a) It is recorded that the pensionary papers with respect to the petitioners' father has been forwarded to the Accountant General; with a consequential direction to the said Authority to ensure that the eligible amounts under the same are disbursed to the petitioners and other eligible persons, if any, as expeditiously as is possible, but not later than two months from the date of receipt of a copy of this judgment.
(b) The fourth respondent - Directorate of Collegiate Education, will consider the claims of the petitioners with respect to their father's appointment as Senior Superintendent from 10.10.1976, based on his own order and Ext.P3 judgment of this Court; consequent to which, if it is so found entitled, then the retiral benefits and service benefits will be suitably modulated, with all resultant benefits being offered without any avoidable delay but not later than four months from the date of receipt of a copy of this judgment.
(c) As regards the petitioners' claim that their father was denied promotion as Senior Superintendent between 09.05.1992 and 30.06.1995 on the ground that he did not WP(C) NO. 5474 OF 2022 6 obtain M.O.P., is concerned, this will also be considered by the third respondent while the afore exercise is completed and his opinion on the same shall be reflected in the resultant order.
(d) As regards compensation/interest is concerned, I do not think that this Court will be justified in ordering any such at this stage, when the afore enquiry is pending; and I leave them open to be impelled either before this Court or before the appropriate Forum at the relevant time.
This writ petition is thus ordered.
Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 5474 OF 2022 7 APPENDIX OF WP(C) 5474/2022 PETITIONER EXHIBITS Exhibit-P1 TRUE COPY OF THE RELEVANT PAGE AS DOWNLOADED FROM THE WEBSITE WWW.MESKERALA.COM/US ON 15.1.2022 Exhibit-P2 TRUE COPY OF THE CERTIFICATE DATED 9.6.1978 ISSUED BY THE KERALA PSC TO THE PETITIONERS' FATHER.
Exhibit-P3 TRUE COPY OF THE JUDGMENT DATED 22/8/1985 IN C.R.P. NO.895 & 1272/1979 PASSED BY A LEARNED DIVISION BENCH OF THIS HON'BLE COURT.
Exhibit-P4 TRUE COPY OF THE SENIORITY LIST OF NON-
TEACHING STAFF OF M.E.S. COLLEGES AS ON 1.1.1973 Exhibit-P5 TRUE COPY OF THE ORDER DATED 29.8.1981 ISSUED BY THE MANAGEMENT SHOWING THE PROMOTIONS GRANTED TO THE JUNIORS OF THE PETITIONERS' FATHER IS ANNEXED HEREWITH ALONG WITH ITS FRESH TYPED COPY Exhibit-P6 TRUE COPY OF THE ORDER NO.ESTT.E6.47415/86 DATED 22.4.1987 ISSUED BY THE DIRECTOR OF COLLEGIATE EDUCATION, TRIVANDRUM IS ANNEXED HEREWITH ALONG WITH ITS FRESH TYPED COPY Exhibit-P7 TRUE COPY OF THE LETTER DATED 25.2.1989 OF THE DIRECTOR OF COLLEGIATE EDUCATION, TRIVANDRUM IS ANNEXED HEREWITH ALONG WITH ITS FRESH TYPED COPY Exhibit-P8 TRUE COPY OF THE SAID ORDER DATED 20.1.1989 ISSUED BY THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, TRIVANDRUM Exhibit-P9 TRUE COPY OF THE CERTIFICATE NO.2383/1992 ISSUED BY THE PSC CERTIFYING THAT THE PETITIONERS' FATHER PASSED THE M.O.P. WP(C) NO. 5474 OF 2022 8 TEST CONDUCTED BY IT IN NOVEMBER 1988. Exhibit-P10 TRUE COPY OF THE ORDER DATED 9.8.1989 ISSUED BY THE MANAGEMENT IS ANNEXED HEREWITH ALONG WITH ITS FRESH TYPED COPY. Exhibit-P11 TRUE COPY OF THE COMMUNICATION DATED 30.5.1970 OF THE DIRECTOR OF COLLEGIATE EDUCATION ALONG WITH ITS FRESH TYPED COPY.
Exhibit-P12 TRUE COPY OF THE REPRESENTATION DATED 22.5.1991 SUBMITTED BY THE PETITIONERS' FATHER.
Exhibit-P13 TRUE COPY OF THE ORDER DATED 22.6.1991 ISSUED BY THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPPURAM. Exhibit-P14 TRUE COPY OF THE JUDGMENT DATED 30.10.1991 IN O.P.NO.4240/1987 PASSED BY THIS HON'BLE COURT.
Exhibit-P15 TRUE COPY OF THE G.O. DATED 26.8.1981. Exhibit-P16 TRUE COPY OF THE REPRESENTATION DATED 8.5.1992 SUBMITTED BY THE PETITIONERS' FATHER .
Exhibit-P17 TRUE COPY OF THE ORDER DATED 18.5.1992 OF THE DIRECTOR OF COLLEGIATE EDUCATION . Exhibit-P18 TRUE COPY OF THE ORDER DATED 13.5.1995 ISSUED BY THE CORRESPONDENT & CHAIRMAN, M.E.S., CALICUT.
Exhibit-P19 TRUE COPY OF THE PETITION DATED 20.11.1995 SUBMITTED BY THE PETITIONERS' FATHER Exhibit-P20 TRUE COPY OF A REPRESENTATION DATED 26.11.1998 MADE BY THE PETITIONERS' FATHER TO THE DIRECTOR OF COLLEGIATE EDUCATION.
WP(C) NO. 5474 OF 2022 9 Exhibit-P21 TRUE COPY OF THE PETITION DATED 7.2.2017 SUBMITTED BY THE PETITIONERS' FATHER Exhibit-P22 TRUE COPY OF THE LETTER DATED 15.2.2017 OF THE PRINCIPAL SECRETARY, GOVERNMENT OF KERALA, HIGHER EDUCATION DEPARTMENT. Exhibit-P23 TRUE COPY OF THE PETITION DATED 30.6.2017 SUBMITTED BY THE PETITIONERS' FATHER. Exhibit-P24 TRUE COPY OF THE ORDER DATED 5.7.2017 OF THE HON'BLE MINISTER FOR EDUCATION, KERALA.
Exhibit-P25 TRUE COPY OF THE LETTER DATED 16.7.2018 OF THE DIRECTOR OF COLLEGIATE EDUCATION. Exhibit-P26 TRUE COPY OF THE COMMUNICATION DATED 12.11.2018 OF THE JOINT SECRETARY, FINANCE DEPARTMENT OF THE GOVERNMENT OF KERALA.
Exhibit-P27 TRUE COPY OF THE ORDER DATED 28.11.2018 OF THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF KERALA .
Exhibit-P28 TRUE COPY OF THE LETTER DATED 24.6.2020 OF THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF KERALA Exhibit-P29 TRUE COPY OF THE PETITION DATED 5.10.2020 SUBMITTED BY THE PETITIONERS' FATHER. Exhibit-P30 TRUE COPY OF THE LETTER DATED 22.10.2020 OF THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT.
Exhibit-P31 TRUE COPY OF THE LETTER DATED 3.12.2020 OF THE PRINCIPAL SECRETARY TO THE GOVERNMENT, HIGHER EDUCATION DEPARTMENT. Exhibit-P32 TRUE COPY OF THE REPORT/PROPOSAL DATED 14.1.2021 OF THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOZHIKODE. WP(C) NO. 5474 OF 2022 10 Exhibit-P33 TRUE COPY OF THE REPRESENTATION DATED 18.2.2021 SUBMITTED BY THE PETITIONERS' FATHER.
Exhibit-P34 TRUE COPY OF THE COMMUNICATION DATED 9.4.2021 OF AN UNDER SECRETARY IN THE FINANCE (EDUCATION-C) DEPARTMENT OF THE GOVERNMENT OF KERALA TO THE HIGHER EDUCATION DEPARTMENT.
Exhibit-P35 TRUE COPY OF THE LETTER DATED 19.4.2021 FROM THE HIGHER EDUCATION DEPARTMENT TO THE PETITIONERS' FATHER.
Exhibit-P36 TRUE COPY OF THE PETITION DATED 5.7.2021 SUBMITTED BY THE PETITIONERS.
Exhibit-P37 TRUE COPY OF THE CIRCULAR NO.31/85/FIN.
DATED 10.4.1985 ISSUED BY THE GOVERNMENT OF KERALA.