Sony C.Raghavan vs State Of Kerala
2021 Latest Caselaw 8274 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

     FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942

                       WP(C).No.2034 OF 2021(D)

PETITIONERS:

      1        SONY C.RAGHAVAN, AGED 45 YEARS
               W/O.MANOJ KUMAR, WORKING AS HSST (HISTORY),
               SNM HIGHER SECONDARY SCHOOL MOOTHAKUNNAM,
               MOOTHAKUNNAM P.O., ERNAKULAM DISTRICT - 683 516.

      2        SRIDHARAN SRIDEVI E.K., AGED 51 YEARS
               W/O.MANOJ KUMAR, WORKING AS HSST (ENGLISH),
               SNM HIGHER SECONDARY SCHOOL, MOOTHAKUNNAM,
               MOOTHAKUNNAM P.O., ERNAKULAM DISTRICT - 683 516.

      3        SANTHA K.R., AGED 51 YEARS, W/O.P.D.SYAM DAS,
               WORKING AS HSST (ECONOMICS), SNM HIGHER SECONDARY
               SCHOOL MOOTHAKUNNAM, MOOTHAKUNNAM P.O.,
               ERNAKULAM DISTRICT - 683 516.

      4        BABY K.N., AGED 49 YEARS, W/O.RAJEEV K.G.,
               WORKING AS HSST (ECONOMICS), SNM HIGHER SECONDARY
               SCHOOL MOOTHAKUNNAM, MOOTHAKUNNAM P.O.,
               ERNAKULAM DISTRICT - 683 516.

      5        SINDHU P.R., AGED 48 YEARS, W/O.T.J.JAYAPRAKASH,
               WORKING AS HSST (ECONOMICS), SNM HIGHER SECONDARY
               SCHOOL MOOTHAKUNNAM, MOOTHAKUNNAM P.O.,
               ERNAKULAM DISTRICT - 683 516.

               BY ADVS.
               SRI.J.JULIAN XAVIER
               SRI.FIROZ K.ROBIN
               SRI.ROY JOSEPH
               SMT.ANIES MATHEW
               SRI.E.HARIDAS

RESPONDENTS:

      1        STATE OF KERALA, REP. BY ITS SECRETARY, FINANCE
               (P.R.C.A.) DEPARTMENT, SECRETARIAT,
               GOVT. PRESS P.O., THIRUVANANTHAPURAM - 695 001.
 WPC 2034/21
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       2      ACCOUNTANT GENERAL (E AND RSA) KERALA
              OFFICE OF THE ACCOUNTANT GENERAL, STATUE JN.,
              GOVT. PRESS P.O., THIRUVANANTHAPURAM - 695 001.

       3      THE DIRECTOR OF HIGHER SECONDARY EDUCATION
              OFFICE OF THE DIRECTOR OF HIGHER SECONDARY
              EDUCATION, HOUSING BOARD BUILDINGS, THAMPANOOR -
              PANAVILA RD., SANTHI NAGAR, GOVT.PRESS P.O.,
              THYCAUD, THIRUVANANTHAPURAM, KERALA - 695 001.

       4      THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY
              EDUCATION, OFFICE OF THE REGIONAL DEPUTY DIRECTOR,
              EDAPALLY RAGHAVAN PILLAI RD., DEVANKULANGARA,
              EDAPALLY, ERNAKULAM - 682 024.

              SRI. P.M.MANOJ - SR.GP

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
12.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC 2034/21
                                     3


                                 JUDGMENT

The petitioners, who are stated to be

working as Higher Secondary School Teachers in

'S.N.M. Higher Secondary School',

Moothakunnam, has approached this Court

impugning Ext.P12 order of the 4th respondent-

Regional Deputy Director, as per which, the

proposal made on their behalf for enabling

them to make a re-option from 15.07.2007 to

01.09.2007, with respect to the Eight Year

Time Bound Higher Grade, has been rejected

saying that such opportunity is available only

to those persons in whose case Audit

objections have been raised.

2. The petitioners say that it is not on

account of any fault of theirs that Audit has

not been yet done and that if it had been

done, certainly objections would have been

raised. They assert that it is merely because

no objections have been yet raised that the 4 th WPC 2034/21

respondent has rejected their proposal, but

without citing any reason as to why they are

not eligible to seek a re-option, as has been

sought for by them. They rely on Ext.P11

Government Order dated 23.09.2019, in

substantiation of their plea and pray that the

4th respondent be directed to reconsider their

proposal in terms of the said order at the

earliest.

3. In response to the afore submissions

made on behalf of the petitioners by their

learned counsel - Sri.Julian Xavier, the

learned Senior Government Pleader -

Sri.P.M.Manoj, submitted that even going by

Ext.P11 Government Order, a re-option, as

sought for by the petitioners, cannot be

granted since it has been made clear therein

that an option once made is final. He,

therefore, prayed that this Writ Petition be

dismissed.

WPC 2034/21

4. When I consider the afore submissions

and go through Ext.P12, it is without doubt

that the 4th respondent has taken the view that

a re-option is possible only in the cases

where Audit objections have been raised.

Merely because there is no such objection

raised in the case of the petitioners - stated

to be because such process has not yet been

completed in their case - I do not see why

they should be denied legitimate benefits, if

it is otherwise entitled to them as per the

extant Government Orders.

5. I am, therefore, of the view that the

4th respondent-Regional Deputy Director should

reconsider the matter, adverting to Ext.P11

Government Order, since I do not see the same

having been properly considered, though has

been referred to as Item No.2 in the said

order.

In the afore circumstances and for the WPC 2034/21

reasons above, I allow this Writ Petition and

set aside Ext.P12; with a consequential

direction to the 4th respondent-Regional Deputy

Director to reconsider the matter adverting to

Ext.P11 and after affording an opportunity of

being heard to the petitioners - either

physically or through video conferencing -

thus culminating in an appropriate order

thereon as expeditiously as is possible, but

not later than two months from the date of

receipt of a copy of this judgment.

I make it clear that I have not spoken

affirmatively about any benefit to be granted

to the petitioners but that the intent of this

Court is only that the Regional Deputy

Director must reconsider the matter in its

proper perspective.

Sd/-

                                             DEVAN RAMACHANDRAN
      RR                                                 JUDGE
 WPC 2034/21



                           APPENDIX
      PETITIONER'S/S EXHIBITS:

      EXHIBIT P1        TRUE COPY OF THE APPOINTMENT DATED

14/9/1998 ISSUED BY THE MANAGER, SNM HIGHER SECONDARY SCHOOL MOOTHAKUNNAM.

EXHIBIT P2 TRUE COPY OF THE APPOINTMENT DATED 15/9/1998 ISSUED BY THE MANAGER, SNM HIGHER SECONDARY SCHOOL MOOTHAKUNNAM.

EXHIBIT P3 TYPED COPY OF THE APPOINTMENT DATED 14/9/1998 ISSUED BY THE MANAGER, SNM HIGHER SECONDARY SCHOOL MOOTHAKUNNAM.

EXHIBIT P4 TRUE COPY OF THE APPOINTMENT DATED 15/9/1998 ISSUED BY THE MANAGER, SNM HIGHER SECONDARY SCHOOL MOOTHAKUNNAM.

EXHIBIT P5 TRUE COPY OF THE APPOINTMENT DATED 16/9/1998 ISSUED BY THE MANAGER, SNM HIGHER SECONDARY SCHOOL MOOTHAKUNNAM.

EXHIBIT P6 TRUE COPY OF THE COVERING LETTER DATED 27/1/2009 FORWARDING THE GRIEVANCES HIGHLIGHTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT THROUGH THE PRINCIPAL SNM HSS MOOTHAKUNNAM.

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 4/2/2009 SUBMITTED BY THE PRINCIPAL BEFORE THE 3RD RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE LETTER DATED 27/7/2009 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE REPRESENTATION WPC 2034/21

DATED NIL SUBMITTED THROUGH PROPER CHANNEL.

EXHIBIT P10 TRUE COPY OF THE REPRESENTATION DATED 29/1/2018 SUBMITTED BY THE PETITIONERS BEFORE THE HON'BLE MINISTER OF EDUCATION.

EXHIBIT P11 TRUE COPY OF THE ORDER GO(MS) NO.129/2019 FIN. DATED 23/9/2019 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P12 TRUE COPY OF THE LETTER NO.A2/13096/RDD/HSE/EKM/2020 DATED 22/10/2020.

EXHIBIT P13 TRUE COPY OF THE SALARY SLIP FOR DECEMBER, 2020 IN THE CASE OF THE 1ST PETITIONER.

EXHIBIT P14 TRUE COPY OF THE SALARY SLIP FOR DECEMBER, 2020 IN THE CASE OF SRI.SAJEEV P.S., HSST SENIOR SEL GR PHYSICS, SNM HSS MOOTHAKUNNAM.