Kerala High Court
Ferin Jacob. K vs The State Of Kerala on 25 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 25TH DAY OF FEBRUARY 2021 / 6TH PHALGUNA, 1942
WP(C).No.4961 OF 2021(U)
PETITIONER:
FERIN JACOB. K.,
AGED 34 YEARS
SON OF JACOB K.V., LOWER PRIMARY SCHOOL TEACHER,
PKMHM UP SCHOOL, VATTEKKAD, THRISSUR DISTRICT 680 512
BY ADVS.
SRI.V.A.MUHAMMED
SRI.M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA
REP.BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION
DEPARTMENT, SECRETARIAT ANNEXE II,
THIRUVANANTHAPURAM 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY, THIRUVANANTHAPURAM 695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION
THRISSUR 680 001.
4 THE DISTRICT EDUCATIONAL OFFICER
CHAVAKKAD, THRISSUR DISTRICT 680 506
5 THE ASSISTANT EDUCATIONAL OFFICER
CHAVAKKAD, THRISSUR DISTRICT 680 506
6 THE MANAGER
PKM HM UP SCHOOL, VATTEKKAD,
THRISSUR DISTRICT 680 512.
7 THE HEADMASTER
PKM HM UP SCHOOL, VATTEKKAD,
THRISSUR DISTRICT 680 512.
OTHER PRESENT:
SR GP NISHA BOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.4961 OF 2021(U)
2
JUDGMENT
Dated this the 25th day of February 2021
This writ petition is filed seeking the following prayers:-
"(i) call for the records relating to Exhibit P7 and set
aside the original of the same by the issue of a writ
of certiorari or other appropriate writ or order.
(ii) issue a writ of mandamus or other appropriate
writ, order or direction commanding the respondents
pay salary to the petitioner from 15.07.2014 to
31.05.2017 following Exhibit P4 approval order.
(iii) issue a writ of mandamus or other appropriate
writ, order or direction commanding the 1st
respondent to take a decision over Exhibit P17 with
notice to the petitioner and in a time bound manner."
2. Heard the learned counsel for the petitioner and
the learned Government Pleader.
3. It is submitted by the learned counsel for the
petitioner that seeking release of salary for the period from
15.07.2014 to 31.05.2017, the petitioner has approached the
Government preferring Ext.P17 revision petition. It is
submitted that the said revision petition is liable to be
WP(C).No.4961 OF 2021(U)
considered and disposed of in accordance with law, taking
note of Exts.P8 to P16 documents, which have also been
produced along with the revision petition.
4. Having heard the learned Government Pleader
also, there will be a direction to the 1 st respondent to take
up, consider and pass orders on Ext.P17 revision petition
preferred by the petitioner, taking note of the documents
relied on by the petitioner in the revision petition, with notice
to the petitioner as well as the Manager and after hearing
them through any appropriate means including video
conferencing and to pass orders thereon within a period of
three months from the date of receipt of a copy of this
judgment. If the petitioner is found eligible for the salary for
the period, appropriate steps to release the amounts shall
also be taken within a period of three months thereafter.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
Bng/25.02.2021
WP(C).No.4961 OF 2021(U)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER
NO.C/5340/2019/L.DIS DATED 1.10.2019 OF
THE AEO, CHAVAKKAD
EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER OF
THE PETITIONER DATED 2.6.2008
EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER OF
THE PETITIONER DATED 1.6.2009
EXHIBIT P4 TRUE COPY OF THE APPOINTMENT ORDER OF
THE PETITIONER DATED 1.6.2012
EXHIBIT P5 TRUE COPY OF THE APPOINTMENT ORDER OF
THE PETITIONER DATED 1.6.2017
EXHIBIT P6 TRUE COPY OF THE G.O.(RT)
NO.4872/2019/G.EDN DATED 15.11.2019
EXHIBIT P7 TRUE COPY OF THE STAFF FIXATION ORDER
FOR THE ACADEMIC YEAR 2013-14 VIDE
NO.D.DIS.2309/2013 DATED 16.5.2014
ISSUED BY THE AEO, CHAVAKKAD.
EXHIBIT P8 TRUE COPY OF THE G.O.(P)
NO.199/2011/G.EDN. DATED 1.10.2011
EXHIBIT P9 TRUE COPY OF THE CIRCULAR
NO.31904/J2/12/G.EDN. DATED 6.6.2012.
EXHIBIT P10 TRUE COPY OF THE GOVERNMENT LETTER
NO.45285/J2/2013/G.EDN. DATED 30.7.2013.
EXHIBIT P11 TRUE COPY OF THE ABOVE CIRCULAR
NO.49982/J2/12/G.E.EDN DATED 10.9.2012
EXHIBIT P12 TRUE COPY OF THE ORDER
NO.EC(4)/41467/17/DPI/K.DIS DATED
28.7.2017 OF THE DIRECTOR.
EXHIBIT P13 TRUE COPY OF THE G.O.(RT)
NO.1361/16/G.EDN. DATED 8.4.2016
WP(C).No.4961 OF 2021(U)
EXHIBIT P14 TRUE COPY OF THE G.O.(RT)
NO.2684/17/G.EDN. DATED 9.8.2017
EXHIBIT P15 TRUE COPY OF THE ORDER NO.B6-
2622/2016/K.DIS DATED 22.10.2017 OF THE
DEO, IRINJALAKUDA.
EXHIBIT P16 TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO.37644/2017 DATED 24.5.2019
EXHIBIT P17 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
GOVERNMENT DATED 2.2.2021.
