Citation : 2021 Latest Caselaw 15321 Ker
Judgement Date : 22 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 22ND DAY OF JULY 2021 / 31ST ASHADHA, 1943
WP(C) NO. 13681 OF 2021
PETITIONER:
FAISAL KHAN M.A.
AGED 38 YEARS
S/O. ABDUL RAHIMAN, FULL TIME ARABIC TEACHER, PERUMAL
KOVIL DEVASWOM UPPER PRIMARY SCHOOL, KOLLANGODE, PALAKKAD
DISTRICT.
BY ADV GEORGE ABRAHAM
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695 014.
3 THE DISTRICT EDUCATIONAL OFFICER,
PALAKKAD-678 001
4 THE ASSISTANT EDUCATIONAL OFFICER,
KOLLANGODE, PALAKKAD DISTRICT-678 506
5 THE COMMISSIONER,
MALABAR DEVASWOM BOARD, KOZHIKODE-673 001
6 THE MANAGER,
PERUMAL KOVIL DEVASWOM UPPER PRIMARY SCHOOL, KOLLANGODE,
PALAKKAD DISTRICT-678 506
OTHER PRESENT:
SRI. BIJOY CHANDRAN-SR. G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13681 OF 2021
2
JUDGMENT
The learned counsel for the petitioner submits that the
substantial grievance of the petitioner stands redressed by the
Government passing orders on 08.07.2021 directing the approval
of appointment of the petitioner on a regular scale of pay for a
period from 01.06.2011 to 31.05.2014. It is submitted that the
petitioner will be satisfied with the directions to the 4 th respondent
to implement the said Government Order and to release the salary
due to the petitioner.
Having heard the learned Government Pleader also, there will
be a direction to the 4th respondent to implement the Government
Order passed on 08.07.2021 within three weeks from the date of
receipt of a copy of this judgment and to release the amounts due
to the petitioner within a period of two months thereafter.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE
bng/22.07.2021 WP(C) NO. 13681 OF 2021
APPENDIX OF WP(C) 13681/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO THE PETITIONER BY THE THEN MANAGER OF THE SCHOOL DATED 1.6.2011.
Exhibit P2 TRUE COPY OF THE GOVERNMENT ORDER VIZ.
GO(RT) NO. 4689/2014/G.ED. DATED 31.10.2014.
Exhibit P3 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.
23619/2016 DATED 25.10.2016.
Exhibit P4 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.
26012/2011 DATED 8TH FEBRUARY, 2018.
Exhibit P5 TRUE COPY OF THE APPOINTMENT DATED 1.6.2011, SHOWING APPROVAL OF THE PETITIONER.
Exhibit P6 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.
34378/2018 DATED 21.8.2019.
Exhibit P7 TRUE COPY OF THE HEARING NOTICE DATED 19.10.2019, ISSUED BY THE 1ST RESPONDENT.
Exhibit P8 TRUE COPY OF ARGUMENT NOTE SUBMITTED BY THE PETITIONER DURING HEARING ON 21.11.2019.
Exhibit P9 TRUE COPY OF THE COMMUNICATION DATED 23.12.2019, ISSUED BY THE 1ST RESPONDENT.
Exhibit P10 TRUE COPY OF THE STAFF FIXATION ORDER DATED 15.7.2008 FOR THE ACADEMIC YEAR 2008-09
Exhibit P11 TRUE COPY OF THE STAFF FIXATION ORDER DATED 28.8.2009.
WP(C) NO. 13681 OF 2021
Exhibit P12 TRUE COPY OF THE STAFF FIXATION ORDER DATED 20.08.2010 FOR THE ACADEMIC YEAR 2010-11.
Exhibit P13 TRUE COPY OF THE APPLICATION DATED 28.4.2021 FILED BY THE PETITIONER UNDER R.T.I.
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