OP(KAT)No131 of 2018
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
OP(KAT) NO. 131 OF 2018
AGAINST THE ORDER IN OA 835/2016 OF KERALA ADMINISTRATIVE
TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS:
1 M.I. SOMAN
S/O.PARAMESWARANNAMBOODIRI,P.D.TEACHER,
GOVT.HIGH SCHOOL,KAKKAVAYAL,KALPETTA NORTH,
WAYANAD DISTRICT,PIN:673112,
RESIDING AT KRISHNA VAILASAM MUTTI P.O,
KALPETTA NORTH,WAYANAD-673122.
2 E.T.JOHN
S/O.THOMAS.M.T,HIGH SCHOOL ASSISTANT,
GOVERNMENT HIGH SCHOOL,KAKKAVAYAL,
KALPETTA NORTH,
WAYANAD DISTRICT,PIN:673122,
RESIDING AT ELAVUMKAL
HOUSE,MADAKKIMALA.P.O,KALPETTA(VIA),
WAYANAD-6731222.
BY ADV DR.GEORGE ABRAHAM
OP(KAT)No131 of 2018
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RESPONDENTS
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF GENERAL EDUCATION,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 SECRETARY TO GOVERNMENT
DEPARTMENT OF FINANCE,GOVERNMENT OF
KERALA,SECRETARIAT,THIRUVANANTHAPURAM-695001.
3 DEPUTY DIRECTOR OF EDUCATION
WAYANAD DISTRICT,CIVIL STATION, KALPETTA-
673122,WAYANAD DISTRICT.
BY SRI.BIJOY CHANDRAN, GOVERNMENT PLEADER
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(KAT)No131 of 2018
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JUDGMENT
A.K.Jayasankaran Nambiar, J The petitioners in the OP(KAT) were the applicants before the Kerala Administrative Tribunal (KAT), Thiruvananthapuram, in OA No.835 of 2016, and are aggrieved by the order dated 12.02.2018 in the said O.A. The brief facts necessary for the disposal of the Original Petitions are as follows:-
The petitioners before us, who were the applicants before the Administrative Tribunal, are the Primary Departmental Teachers who after completion of various spells of teaching service in aided schools, joined Government schools in the State. It would appear that based on the Government Orders issued from time to time they were granted the time bound higher grade on the completion of 10 years. While reckoning the qualifying service for the time bound higher grade the period of service rendered in aided schools prior to their joining Government service was also taken into consideration. The provocation for approaching the Tribunal was an audit objection that was raised in connection with the sanctioning of the first higher grade on completion of 10 years of service with the Government taking the stand that the first higher OP(KAT)No131 of 2018 4 grade promotion could not have been granted to the applicants prior to their probation being declared in the Government school. The representations preferred by the applicants against the audit objection having met with no success, the applicants approached the Tribunal with a prayer to set aside the audit objections and the consequential orders passed by the Government, as well as for a declaration that in the case of a teacher who had entered Government service after putting in service as a teacher in aided schools, though the sanctioning of higher grade could await a declaration of satisfactory completion of the period of probation, such higher grade had to be given with effect from the date on which it actually fell due on completion of the prescribed number of years.
2. The Tribunal that considered the matter found that the issue as regards whether or not the higher grade on completion of 10 years of service could be granted only after successful declaration of probation in Government service had already been decided against the applicant by the judgment of the Tribunal in G.Kanakakumaran v. State of Kerala [2013 (2) KAT Reporter 246]. Following the said judgment the reliefs prayed in the original application was denied and the original application itself dismissed.
OP(KAT)No131 of 2018 5
3. In the OP(KAT) before us, while the challenge is to the said order of the Tribunal, the learned counsel for the petitioners submits that the decision of the Tribunal in G.Kanakakumaran (supra) has become final and the proposition therein is not in dispute. In that view of the matter we find that this OP(KAT) requires to be dismissed for there is no indication that pursuant to the order of the Tribunal any recovery step has been initiated against the petitioner in relation to which he could seek the benefit of the decision in State of Punjab and others v. Rafiq Masih [2015(4) SCC 334]. We therefore dismiss the OP(KAT) without prejudice to the right of the petitioners to challenge any recovery proceedings, if any, initiated against them by the Government, based on the decision in Rafiq Masih (supra).
The Original petition (KAT) is dismissed.
Sd/-
A.K.JAYASANKARAN NAMBIAR, JUDGE Sd/-
MOHAMMED NIAS C.P., JUDGE dlk 15.6.2022 OP(KAT)No131 of 2018 6 APPENDIX OF OP(KAT) 131/2018 PETITIONERS EXHIBITS EXHIBIT P1 TRUE COPY OF O.A.NO.835/2016 ALONG WITH ANNEXURES:
ANNEXURE A1 TRUE COPY OF LETTER NO.D3/2925/2011 DATED 26.04.2011 OF THE 3RD RESPONDENT ALONG WITH RELEVANT PAGES OF AUDIT OBJECTION ANNEXURE A2 TRUE COPY OF JUDGMENT DATED 15.06.2011 IN WP(C)NO.16029/2011(C) PASSED BY THE HON'BLE HIGH COURT OF KERALA ANNEXURE A3 TRUE COPY OF G.O.(RT)NO.1722/2012/G.EDN DATED 10.04.2012 ISSUED BY GOVERNMENT OF KERALA, GENERAL EDUCATION (B) DEPARTMENT ANNEXURE A4 TRUE COPY OF ORDER DATED 08.04.2015 IN O.A.NO.1695/2012 PASSED BY THIS HON'BLE TRIBUNAL.
ANNEXURE A5 TRUE COPY OF G.O.(RT)NO.5718/2015/G.EDN DATED 03.12.2015 ISSUED BY THE GOVERNMENT OF KERALA, GENERAL EDUCATION (B) DEPARTMENT.
ANNEXURE A6 TRUE COPY OF JUDGMENT DATED 06.8.2015 IN WP(C) NO.6165/2013(U) PASSED BY THE HON'BLE HIGH COURT OF KERALA ANNEXURE A7 TRUE COPY OF GOVERNMENT LETTER NO.41730/J1/88/G.EDN DATED 10.09.1990 ISSUED BY GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA ANNEXURE A8 TRUE COPY OF GOVERNMENT CIRCULAR NO.26316/J1/80/G.EDN DATED 23.03.1983, ISSUED BY GENERAL ECUCATION DEPARTMENT, GOVERNMENT OF KERALA OP(KAT)No131 of 2018 7 ANNEXURE A9 TRUE COPY OF G.O.(P) 62/1981/(282)/FIN DATED 20.01.1981 ISSUED BY FINANCE (PRC) DEPARTMENT, GOVERNMENT OF KERALA ANNEXURE A10 TRUE COPY OF CIRCULAR NO.46/2008/FIN DATED 08.08.2008, ISSUED BY GENERAL ECUATION (J) DEPARTMENT, GOVERNMENT OF KERALA ANNEXURE A11 TRUE COPY OF CIRCULAR NO.35196/J2/99/G EDN DATED 09.08.1999 ISSUED BY GENERAL EDUCATION (J) DEPARTMENT, GOVERNMENT OF KERALA.
EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 2ND RESOPONDENT.
EXHIBIT P3 TRUE COPY OF THE REPLY STATEMENT FILED BY THE 3RD RESPONDENT EXHIBIT P4 TRUE COPY OF THE REJOINDER FILED BY THE PETITIONER IN O.A.NO.835/2016 EXHIBITP 5 TRUE COPY OF THE ORDER DATED 212.02.2018 PASSED BY THE KERALA ADMINISTRATIVE TRIBUNAL.THIRUVANANTHAPURAM IN O.A.NO.835/2016.