Kerala High Court
Soudhath T vs The State Of Kerala on 21 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 21ST DAY OF JANUARY 2021 / 1ST MAGHA, 1942
WP(C).No.27512 OF 2020(L)
PETITIONER:
SOUDHATH T.
AGED 40 YEARS
W/O. ABDUL HAMEED, HSA MALAYALAM, WAYANAD ORPHANAGE
VOCATIONAL HIGHER SECONDARY SCHOOL, MUTTIL, WAYANAD
DISTRICT - 673 122. (RESIDING AT CHANGARAPPAN,
THARUVANA, MANANTHAVADY, WAYANAD DISTRICT - 670 645.)
BY ADVS.
SRI.V.A.MUHAMMED
SMT.P.A.JENZIA
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED 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
WAYANAD AT KALPETTA - 673 122.
4 THE DISTRICT EDUCATIONAL OFFICER
WAYANAD AT KALPETTA - 673 122.
5 THE CORPORATE MANAGER
WAYANAD ORPHANAGE SCHOOLS, MUTTIL, MANDAD P. O.,
KALPETTA (VIA), WAYANAD - 673 122.
6 THE HEADMASTER
WAYANAD ORPHANAGE VOCATIONAL HIGHER SECONDARY
SCHOOLS, MUTTIL, WAYANAD DISTIRCT - 673 122.
R1-4 BY GOVERNMENT PLEADER
OTHER PRESENT:
T RAJASEKHARAN NAIR. SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
21.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.27512 OF 2020(L)
2
JUDGMENT
This writ petition is filed seeking the following prayers:-
"(i) issue a writ of mandamus or other appropriate writ, order
or direction commanding the 4th respondent to pay salary and
consequential benefits to the petitioner w.e.f 06.06.2019.
(ii) issue a writ of mandamus or other appropriate writ, order
or direction commanding the 4 th respondent to implement
Exhibit P2 order forthwith."
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 the petitioner's appointment has been duly
approved, but salary has not been paid. It is submitted that in
the staff fixation order for the year 2019-20 also, the post is
available for approving the appointment of the petitioner.
4. A statement has been placed on record by the
learned Government Pleader. It is submitted that though the
appointment has been approved, the Deputy Director of
Education has raised an objection in the audit that the
appointment of approval is against the conditions laid down in
WP(C).No.27512 OF 2020(L)
G.O.(P) No.10/10/G.Edn dated 12.01.2020. It is submitted that
replies have been given to the audit objection and that the
payment of salary and allowances were withheld till disposal of
the objection.
5. The petitioner has also placed a reply affidavit on
record producing several judgments of this Court in support of
the contention that until orders are passed, recalling approval
in accordance with law, the salary is liable to be paid. It is
further contended that even in case there is an objection that
the appointment is against the provisions of G.O.(P)
No.10/10/G.Edn dated 12.01.2020, time had been granted to
Managers till 23.10.2020 to produce the bonds for appointment
of protected teachers.
6. In any view of the matter, since the approval of the
petitioner's appointment has not been recalled in any manner
known to law, I am of the opinion that the petitioner is entitled
to the benefits of the approval including payment of salary due.
The raising of an audit objection cannot be a ground for
refusing to pay the salary or to refusing to grant the benefits of
WP(C).No.27512 OF 2020(L)
an approved appointment.
7. In the above view of the matter, this writ petition is
disposed of directing that the benefits of approval of the
petitioner's appointment shall be granted to the petitioner
without delay. The respondents, if so advised, can take steps for
recalling the approval only after due consideration of all the
aspects of the matter and after putting the petitioner as well as
the Manager on notice and after considering their contentions
as well. The salary due shall be released to the petitioner within
a period of two months from the date of receipt of a copy of this
judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
Bng/21.01.2021
WP(C).No.27512 OF 2020(L)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER VIDE NO.3793/19/HSST DATED
06.06.2019.
EXHIBIT P2 TRUE COPY OF THE ORDER OF THE DEO,
WAYANAD VIDE NO.B3/12758/2019 DATED
14.10.2020.
EXHIBIT P3 TRUE COPY OF THE STAFF FIXATION ORDER FOR
THE YEAR 2018-19 VIDE NO.L.DIS
B3/3924/2018 DATED 03.07.2018.
EXHIBIT P4 TRUE COPY OF THE STAFF FIXATION ORDER FOR
THE YEAR 2019-20 VIDE NO.L.DIS
B3/49898/2019 DATED 19.07.2019.
EXHIBIT P5 TRUE COPY OF THE G.O(p)
NO.3/2019/G.EDN.DATED 28.02.2019 OF THE
GOVT.
EXHIBIT P6 TRUE COPY OF THE CIRCULAR NO.
J2/57/2019/G.EDN.DATED 08.03.2019 OF THE
GOVT.
EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN W.P.(c)
NO.30727/2017 DATED 03.10.2017.
EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN W.P(c)
NO.37343/2017 DATED 18.12.2017.
EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN W.P(c)
NO.22304/2018 DATED 04.07.2018.
EXHIBIT P10 TRUE COPY OF THE INTERIM ORDER IN W.P(c)
NO.27241/2020 DATED 08.12.2020.
EXHIBIT P11 TRUE COPY OF THE JUDGMENT IN W.P(c)
NO.27250/2020 DATED 08.12.2020.
EXHIBIT P12 TRUE COPY OF THE JUDGMENT IN W.P(c)
NO.28721/2020 DATED 22.12.2020.
