Kerala High Court
Rejin I.G vs The State Of Kerala on 7 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
WP(C) NO. 1527 OF 2020
PETITIONERS:
REJIN I.G.
AGED 39 YEARS
S/O.GANGADHARAN PILLAI, PLAKKOTPUTHENVEEDU, POREDOM.P.O.,
CHADAYAMANGALAM, KOLLAM DISTRICT-691534.
BY ADVS.
GEORGE POONTHOTTAM (SR.)
SMT.NISHA GEORGE
SRI.A.L.NAVANEETH KRISHNAN
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF PUBLIC INSTRUCTIONS,
OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY,
THYCAUD, THIRUVANATHAPURAM DISTRICT-695014.
3 THE DISTRICT EDUCATION OFFICER,
KACHERI JUNCTION, KOTTARAKKARA, KOLLAM-691506.
4 THE MANAGER,
ARKKANNOR HIGH SCHOOL, ARKKANNOR.P.O., AYOOR, KOLLAM DISTRICT-
691533.
OTHER PRESENT:
SRI. P.M.MANOJ - SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.07.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 1527 OF 2020
2
JUDGMENT
The petitioner, who is working as a High School Teacher in
English in the services of "Arkkannor High School", Kollam,
managed by the 4th respondent - Manager, has approached this
Court impugning Ext.P14 order of the Government, as also Ext.P6
proceedings, to the extent to which his period of service between
01.06.2010 and 31.03.2011 has been found to be irregular and he
was directed to refund the benefits availed by him during the said
period.
2. The petitioner says that Ext.P14 order is grossly
improper since it has incorrectly found that he is not entitled to be
granted any benefit during the period from 01.04.2011 to
03.06.2012, which is evident because, when he had earlier
challenged Ext.P3 Staff Fixation Order before this Court through a
writ petition, same was concluded through Ext.P5 judgment,
whereby, it was made clear that petitioner's retrenchment is
illegal and that he is entitled to continue in service during the
period from 01.06.2010 to 31.05.2011. The petitioner says that
this judgment was delivered by this Court noticing that he was
working from 01.06.2010 and that his approval was also given on
the same day.
WP(C) NO. 1527 OF 2020
3. The petitioner, therefore, asserts that Ext.P14 is
irreproachable; and consequentially that Ext.P6 order, to the
extent to which it orders recovery of amounts from him, is illegal
and unlawful.
4. I have heard Sri.Navaneeth Krishnan, learned counsel
appearing for the petitioner and Sri.P.M.Manoj, learned Senior
Government Pleader appearing for the official respondents.
5. Sri.P.M.Manoj, learned Senior Government Pleader
vehemently argued that, as is stated in Ext.P14, there were no
vacancies in the School until 04.06.2012 to accommodate the
petitioner. He, therefore, argued that Ext.P14 is irreproachable
and that consequential Ext.P6 order cannot be found fault with.
He, therefore, prayed that this writ petition be dismissed.
6. Even when I hear the learned Senior Government
Pleader as afore, it is irrefutable that this Court has already
considered most of the issues in this case and concluded as under
in Ext.P5:
"Under the said circumstances, in
order to regularize the service of the
petitioner for the period from 01.06.2010 to
31.05.2011, I set aside the Note appended
to Ext.P3, which has the effect of
retrenching the petitioner with effect from
01.06.2011, solely for the purpose of
ensuring his continuity in service with
approval on regular scale of pay basis with
WP(C) NO. 1527 OF 2020
effect from 01.06.2010. It is made clear that
nothing in this judgment shall be seen as
entitling the petitioner to the salary and
other allowances during the period from
01.06.2010 to 31.03.2011, and the benefit of
this judgment shall be only for the purposes
of reckoning the period of his regular
service as an HSA (English)."
7. It is, therefore, luculent that a learned Judge of this
Court has already concluded that the Note to Ext.P3, to the effect
that the petitioner was retrenched with effect from 01.06.2011 was
not acceptable; however, clarifying that said judgment shall not be
construed to be entitling the petitioner to salary and other
allowances during the period from 01.06.2010 to 31.05.2011.
8. Obviously, therefore, the petitioner's plea for payment
of salary during the said period cannot be countenanced by this
Court, though I am in favour with him in his challenge against
Ext.P14, through which, Government concludes that his regular
appointment starts only from 04.06.2012. This certainly has been
concluded by the Government without adverting to Ext.P5
judgment properly and I, therefore, cannot grant approval to the
same.
9. In the afore circumstances and following Ext.P5 judgment
of this Court, I allow this writ petition and set aside Ext.P14 to the
extent to which it finds that the petitioner is eligible to service only
WP(C) NO. 1527 OF 2020
from 04.06.2012; however, clarifying that petitioner will not be
entitled to claim any salary or allowances for the period between
01.06.2010 and 31.05.2011, as has been accepted by him before
this Court.
10. I also, however, make it clear that any benefit already
obtained by the petitioner during the afore said period shall not be
recovered, but that he shall not be entitled to claim anything
further during this period.
11. I also record the submissions of Sri.Navaneeth Krishnan
that the petitioner has already repaid the amounts received by him
as salary for the period in question.
Needless to say, consequential to my above findings, the
Educational Authorities shall regularize the period of service of the
petitioner in terms of Ext.P5 judgment within a period of two
months from the date of receipt of a copy of this judgment .
Sd/-
DEVAN RAMACHANDRAN
JUDGE
rp
WP(C) NO. 1527 OF 2020
APPENDIX OF WP(C) 1527/2020
PETITIONER ANNEXURE
EXHIBIT P1 TRUE COPY OF THE ORDER NO.B5/3465/10 D.DIS DATED
21.1.2011 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE STAFF FIXATION ORDER DATED
17.12.2010.
EXHIBIT P3 TRUE COPY OF THE REVISED STAFF FIXATION ORDER FOR
THE ACADEMIC YEAR 2010-11 DATED 18.7.2011.
EXHIBIT P4 TRUE COPY OF THE CLEARANCE CERTIFICATE ISSUED BY
THE 3RD RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN WPC.NO.19881 OF 2015
DATED 10.11.2016 PASSED BY THIS HON'BLE COURT.
EXHIBIT P6 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE
ACADEMIC YEAR 2011-12 DATED 13.4.2016.
EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 15.2.2017 IN
RP.NO.118/2017 PASSED BY THIS HON'BLE COURT.
EXHIBIT P8 TRUE COPY OF THE COMMUNICATION DATED 9.12.2016
ISSUED BY THE HEADMISTRESS OF THE SCHOOL.
EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN WPC.NO.18144 OF 2017
DATED 1.6.2017 PASSED BY THIS HON'BLE COURT.
EXHIBIT P10 TRUE COPY OF THE ORDER NO.R.A.
(4)/43969/2017/DPI/K.DIS DATED 28.7.2017 ISSUED
FROM THE OFFICE OF THE 2ND RESPONDENT.
EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED 6.12.2017 IN
WPC.NO.28584/2017 PASSED BY THIS HON'BLE COURT.
EXHIBIT P12 TRUE COPY OF THE REVISION PETITION/ARGUMENT NOTE
SUBMITTED BY THE PETITIONER.
EXHIBIT P13 TRUE COPY OF THE ORDER IN CONT.CASE (C)NO.1530/2019
DATED 18.10.2019 PASSED BY THIS HON'BLE COURT.
EXHIBIT P14 TRUE COPY OF THE G.O.(RT)NO.4157/2019/G.EDN DATED
14.10.2019 WITH ITS ENGLISH TRANSLATION.
