Midhun.R vs The State Of Kerala
2021 Latest Caselaw 10128 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943

                       WP(C).No.7758 OF 2021(T)


PETITIONERS:

      1        MIDHUN.R
               AGED 35 YEARS
               SON OF RAJAN V.M,
               LPST, NO.I L P SCHOOL, MAYYANNORE,
               MAYYANNORE P.O, VADAKARA, KOZHIKODE DISTRICT-673542.

      2        SHIJA S.R.
               LPST, NO.I L P SCHOOL, MAYYANNORE,
               MAYYANNORE P.O, VADAKARA, KOZHIKODE DISTRICT-673542.

      3        RAJASREE P.K.
               LPST, NO.I L P SCHOOL, MAYYANNORE,
               MAYYANNORE P.O, VADAKARA, KOZHIKODE DISTRICT-673542.

      4        BISNIYA S.B.
               LPST, NO.I L P SCHOOL, MAYYANNORE,
               MAYYANNORE P.O, VADAKARA, KOZHIKODE DISTRICT-673542.

      5        SHEEBA M.K.
               LPST, NO.I L P SCHOOL, MAYYANNORE,
               MAYYANNORE P.O, VADAKARA, KOZHIKODE DISTRICT-673542.

               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-695001.

      2        THE DIRECTOR OF GENERAL EDUCATION,
               JAGATHY, THIRUVANANTHAPURAM-695014.

      3        THE DEPUTY DIRECTOR OF EDUCATION,
               KOZHIKODE-673001.

      4        THE DISTRICT EDUCATIONAL OFFICER,
               VADAKARA,
 WP(C).No.7758 OF 2021(T)

                               2

             KOZHIKODE DISTRICT-673101.

      5      THE ASSISTANT EDUCATIONAL OFFICER,
             THODANNUR,
             KOZHIKODE DISTRICT-673541.

      6      THE MANAGER,
             NO. 1 L P SCHOOL,
             MAYYANNORE,
             MAYYANNORE P.O,
             VADAKARA,
             KOZHIKODE DISTRICT-673542.

      7      THE HEADMASTER,
             NO. I L P SCHOOL, MAYYANNORE, MAYYANNORE P.O,
             VADAKARA, KOZHIKODE DISTRICT-673542.


             T RAJASEKHARAN NAIR

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7758 OF 2021(T)

                                      3




                                JUDGMENT

Dated this the 25th day of March 2021

The petitioner has approached this Court seeking the

following reliefs:-

(i) declare that Petitioners are entitled to get salary from November 2020.

(ii) issue a writ of mandamus or other appropriate writ, order or direction directing the 5th Respondent to disburse the salary of the petitioners from November 2020 onwards.

(iii) issue a writ of mandamus or other appropriate writ, order or direction directing the 1 st Respondent to take a decision of Exhibit P-7 in the light of Exhibit P-8 with notice to the Petitioners in a time bound manner.

2. Heard the learned counsel for the petitioners and the

learned Government Pleader.

3. It is submitted by the learned counsel for the petitioners

that the petitioners are teachers working in the 6 th respondent's

school and that they have approved service and were being paid WP(C).No.7758 OF 2021(T)

salary till November, 2020. It is submitted that on the ground

that fitness certificate has not been produced by the Manager, the

salary was withheld. It is submitted that the petitioners are

continuously working and carrying out the classes and the

proposed salary had been paid to them. It is submitted that

Ext.P7 representation has been preferred before the Government as

against Ext.P6 order of the AEO refusing to grant salary to the

petitioners on the ground that fitness certificate is not produced

by the Manager. The petitioners seeks a consideration of Ext.P7

representation.

4. Having heard the learned Government Pleader also, I

am of the opinion that the issue with regard to payment of salary

to the petitioner is to be considered by the Government, taking

note of the current situation and the fact that they are approved

teachers eligible for protection, and in view of the fact that they

are continuing and working in the school and teaching online

classes.

WP(C).No.7758 OF 2021(T)

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

respondent to take up, consider and pass orders on Ext. P7

representation preferred by the petitioner and to pass orders on

the same with notice to the petitioners as well as the Manager,

within a period of two months from the date of receipt of a copy

of this judgment, after hearing the parties through any

appropriate means, including video conferencing.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE ssa WP(C).No.7758 OF 2021(T)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE 1ST PETITIONER DATED 01.06.2009 ALONG WITH APPROVAL RECORDED THEREON.

EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER DATED 02.06.2004 ALONG WITH APPROVAL RECORDED THEREON.

EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER OF THE 3RD PETITIONER DATED 31.05.1999 ALONG WITH APPROVAL RECORDED THEREON.

EXHIBIT P4 TRUE COPY OF THE APPOINTMENT ORDER OF THE 4TH PETITIONER DATED 01.06.2017 ALONG WITH APPROVAL RECORDED THEREON.

EXHIBIT P5 TRUE COPY OF THE APPOINTMENT ORDER OF THE 5TH PETITIONER DATED 05.06.2002 ALONG WITH APPROVAL RECORDED THEREON.

EXHIBIT P6 TRUE COPY OF THE ORDER NO.D-4440/2019 DATED 25.11.2020 OF THE AEO, THODANNUR.

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONERS BEFORE THE GOVERNMENT DATED 22.02.2021.

EXHIBIT P8 TRUE COPY OF THE ORDER NO.H2/19500/2019/DGE DATED 25.10.2019 OF THE DIRECTOR.