N.Ramachandran vs State Of Kerala
2021 Latest Caselaw 3228 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

      FRIDAY, THE 29TH DAY OF JANUARY 2021 / 9TH MAGHA, 1942

                       WP(C).No.2285 OF 2021(I)


PETITIONER:

               N.RAMACHANDRAN
               AGED 43 YEARS
               S/O. LATE NATARAJAN, L. D. CLERK, H. S. PAVUMBA,
               PAVUMBA, KARUNAGAPPALLY P. O., KOLLAM - 690 574,
               RESIDING AT NANDANAM, S.R.P. MARKET P. O., THAZHAVA,
               KARUNAGAPPALLY, KOLLAM - 690 539.

               BY ADV. SRI.B.MOHANLAL

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT,
               GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
               THIRUVANANTHAPURAM - 695 001.

      2        THE DIRECTOR OF GENERAL EDUCATION
               GOVERNMENT OF KERALA, JAGATHY,
               THIRUVANANTHAPURAM - 695 014.

      3        THE DEPUTY DIRECTOR OF EDUCATION
               THEVALLY P. O., KOLLAM - 691 009.

      4        THE DISTRICT EDUCATIONAL OFFICER
               COLLECTORATE, CUTCHERY P. O., KOLLAM - 691 013.

      5        THE HEADMISTRESS
               H. S. PAVUMBA, PAVUMBA, KARUNAGAPPALLY P. O.,
               KOLLAM - 690 574.

      6        THE MANAGER
               H. S. PAVUMBA, PAVUMBA, KARUNAGAPPALLY P. O.,
               KOLLAM - 690 574.

               SR GP, BIJOY CHANDRAN

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
29.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.2285 OF 2021

                                           2




                                   JUDGMENT

Dated this the 29th day of January 2021

The petitioner has approached this Court seeking the following

reliefs :-

"i) To call for the records leading to Ext.P5 to P10 orders from the Respondents and quash Ext.P5 to P10 Orders to the extent it orders adversely affecting the Petitioner for Test Qualification to the post of Clerk with effect from 29/07/2006 in the 6th Respondent Aided Management School and to effect recovery of excess pay drawn by the Petitioner to the post of Clerk.

ii) To Issue a writ of mandamus or other appropriate writ, order or direction commanding the Respondents to grant exemption from Test Qualification to the Petitioner to the post of Clerk in the 6th Respondent Aided Management School as per Ext.P5 Order taking into consideration of the continuity of service to the post of FTM from 01/06/1998 and the promoted post of Peon and Clerk with effect from 01/02/2003 and 01/04/2011 respectively within a stipulated time as directed by this Hon'ble Court and till then the coercive proceedings pursuant to Ext.P6 to P10 orders of the Respondents to effect recovery of excess pay drawn by the Petitioner to the post of Clerk may be kept in abeyance.

iii) To issue a writ of mandamus or other appropriate writ, order or direction commanding the 1 st Respondent to consider and dispose of Ext.P11 within a stipulated time as directed by this Hon'ble Court and grant exemption from Test Qualification to the Petitioner to the post of Clerk in the 6th Respondent Aided Management School as per Ext.P5 Order taking into consideration of the continuity of service to the post of FTM from 01/06/1998 and the promoted post WP(C).No.2285 OF 2021

of Peon and Clerk with effect from 01/02/2003 and 01/04/2011 respectively and till then the coercive proceedings pursuant to Ext.P6 to P10 orders of the Respondents to effect recovery of excess pay drawn by the Petitioner to the post of Clerk may be kept in abeyance.

iv) To declare that the Petitioner is entitled to get exemption from Test Qualification to the post of Clerk in the 6th Respondent Aided Management School as per Ext.P5 Order taking into consideration of the continuity of service of the Petitioner to the post of FTM from 01/06/1998 and the promoted post of Peon and Clerk with effect from 01/02/2003 and 01/04/2011 respectively."

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 had been appointed as Full Time Menial on 01.06.1998

and promoted to the post of Peon on 01.02.2003. He was promoted as

Clerk on 01.04.2011 and the probation was declared on 01.04.2013.

However, on the ground that the petitioner had not acquired the test

qualification required for declaration of probation as Clerk, an audit

objection has been raised and recovery has been directed from the

petitioner's salary. The petitioner has submitted Ext.P11

representation before the Government seeking an exemption from

the test qualification since he was a person who had been inducted in WP(C).No.2285 OF 2021

aided school service as early as in 1998.

4. Having heard the learned Government Pleader also, I am of the

opinion that Ext.P11 representation is liable to be considered by the

Government in accordance with law.

5. There will, accordingly, be a direction to the 1 st respondent to

take up, consider and pass orders on Ext.P11 representation with

notice to the petitioner as well as the 6 th respondent and after

hearing them through any appropriate means including through

video conferencing and to pass orders thereon within a period of

three months from the date of receipt of a copy of this judgment.

Recovery of amounts on the basis of the audit objection shall be kept

in abeyance till orders are passed as directed above.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.2285 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE TRUE COPY OF THE APPOINTMENT ORDER DATED 01.06.1998 ISSUED BY THE 6TH RESPONDENT AND ITS APPROVAL ORDER NO.B5/5848/98 DATED 24.09.1998 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

EXHIBIT P2 THE TRUE COPY OF THE APPOINTMENT ORDER DATED 01.02.2003 ISSUED BY THE 6TH RESPONDENT AND ITS APPROVAL ORDER NO.B5/1755/03/K.DIS. DATED 04.06.2003 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

EXHIBIT P3 THE TRUE COPY OF THE APPOINTMENT ORDER DATED 01.04.2011 ISSUED BY THE 6TH RESPONDENT AND ITS APPROVAL ORDER NO.B5/2930/11/K.DIS. DATED 28.12.2011 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

EXHIBIT P4 THE TRUE COPY OF THE FIXATION OF PAY IN THE REVISED SCALE TO THE PETITIONER TO THE POST OF CLERK SANCTIONED BY THE 4TH RESPONDENT.

EXHIBIT P5 THE TRUE COPY OF THE G.O.(MS) NO.16/10/G.EDN. DATED 18.01.2010 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P6 THE TRUE COPY OF THE ORDER NO.B5/7291/2019 DATED 28.11.2019 ISSUED BY THE 4TH RESPONDENT TO THE 6TH RESPONDENT.

EXHIBIT P7 THE TRUE COPY OF THE ORDER NO.B5/7291/2019 DATED 28.01.2020 ISSUED BY THE 4TH RESPONDENT TO THE 6TH RESPONDENT.

EXHIBIT P8 THE TRUE COPY OF THE ORDER NO.B5/7291/2019 DATED 06.03.2020 ISSUED BY THE 4TH RESPONDENT TO THE 6TH RESPONDENT.

EXHIBIT P9 THE TRUE COPY OF THE ORDER NO.B5/7291/2019 DATED 11.06.2020 ISSUED BY THE 4TH RESPONDENT TO THE 6TH RESPONDENT.

WP(C).No.2285 OF 2021

EXHIBIT P10 THE TRUE COPY OF THE NOTICE DATED 05.01.2021 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.

EXHIBIT P11 THE TRUE COPY OF THE APPLICATION DATED 04.01.2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT AND ITS POSTAL RECEIPT.

EXHIBIT P12 THE TRUE COPY OF THE FORWARDING LETTER NO.D-3189/2021 DATED 27.01.2021 ISSUED BY THE 5TH RESPONDENT FORWARDING EXT.P11 THROUGH PROPER CHANNEL TO THE 4TH RESPONDENT.

RESPONDENT'S/S EXHIBITS: NIL