Kerala High Court
Dr.Anil Kumar S vs State Of Kerala on 14 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TH
FRIDAY, THE 14 DAY OF JANUARY 2022 / 24TH POUSHA, 1943
WP(C) NO. 30879 OF 2021
PETITIONER/S:
DR.ANIL KUMAR S
AGED 55 YEARS
S/O. R.SIVARAMAN,
GAYATHRI, T.C.8/1018(11),
ELANKATH NAGAR, THIRUMALA P.O.,
VALIYAVILA, THIRUVANANTHAPURAM-695006,
(NOW WORKING AS ASSOCIATE PROFESSOR IN BOTANY AND
PRINCIPAL IN CHARGE, S.N.COLLEGE, CHEMPAZHANTHY).
BY ADV M.S.RADHAKRISHNAN NAIR
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
HIGHER EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF COLLEGIATE EDUCATION,
OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION,
VIKAS BHAVAN, THIRUVANANTHAPURAM-695001.
3 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOLLAM,
OFFICE OF THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION,
KOLLAM, CROSS JUNCTION, KADAPPAKADA,
KOLLAM-691001.
SMT SURYA BINOY SR. GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.01.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 30879 OF 2021
2
JUDGMENT
The petitioner states that he is working as an 'Associate Professor' in
Botany and 'Principal-in-charge' of SN College, Chempazhanthy. He had
occasion to approach this Court earlier and had filed W.P.(C.) No 38815/2018
seeking issuance of directions to the respondents to grant revised rate of three
non-compoundable increments to the petitioner with effect from 01.09.2008
and also for a declaration that he is entitled to three non-compoundable
increments at the revised rate, with effect from 01.09.2008 together with
arrears in tune with certain Government Orders. By Exhibit P1 judgment, this
Court, relying on the law laid by their Lordships of the Division Bench of this
Court in W.A.No.488/2017, had directed the respondents to take a decision
taking note of the law laid down by the Division Bench within a stipulated time
frame. The petitioner contends that in terms of Exhibit P1 judgment, Exhibit P2
order was passed by the 3rd respondent. Seeking disbursement of the balance
amount, the petitioner had approached this Court and had filed W.P.(C.)
No.5155/2021, which was disposed of by Exhibit P4 judgment. The grievance
of the petitioner concerns Exhibit P5 Government Order dated 29.11.2021, vide
G.O(Rt.)No.1594/2021/HEDN and specifically paragraph No. 4 of the said order,
WP(C) NO. 30879 OF 2021
which reads as follows:
"For determining the arrears on account of this stepping up of the pay of
the senior teacher to that of his junior, the arrears accrued should not exceed the
amount found to be actually due under the claim for a period of two years
immediately preceding the date on which the anomaly was brought to the notice
of the Head of the Department."
2. The contention of the petitioner is that Exhibit P5 is illegal and
arbitrary and his prayer is to quash the same.
3. When this matter is taken up today, it is submitted by the learned
counsel appearing for the petitioner as well as the learned Government Pleader
that the Government had now issued G.O(Rt.)No.42/2022/HEDN dated
07.01.2022, as per which the Government after re-examining the matter has
modified the Government Order by deleting the condition in Paragraph No. 4.
4. In view of the aforesaid Government Order, the grievance of the
petitioner no longer exists. The learned counsel appearing for the petitioner
submits that in view of the Government Order dated 07.01.2022, directions be
issued to the respondents to disburse the salary arrears due to the petitioner
for the period from February 2011 to 31.01.2015.
WP(C) NO. 30879 OF 2021
5. Having regard to the facts and circumstances and the submissions
made across the bar, there will be a direction to the respondents to act in terms
of G.O.(Rt)No.42/2022/HEDN. dated 07.01.2022 and to disburse the entire
arrears of pay due to the petitioner on the strength of Ext.P1 judgment,
expeditiously, in any event, within a period of three months from the date of
receipt of a copy of this judgment.
This writ petition is disposed of as above.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
avs
WP(C) NO. 30879 OF 2021
APPENDIX OF WP(C) 30879/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE JUDGMENT DATED 29.11.2018
IN WP(C) NO.38815/2018 OF THIS HONOURABLE
COURT.
Exhibit P2 TRUE COPY OF THE ORDER NO.D4/6922/19 DATED
20.8.2019 ISSUED BY THE DRAWING AND
DISBURSING OFFICER, SREE NARAYANA COLLEGE,
CHEMPAZHANTHY.
Exhibit P3 TRUE COPY OF THE LETTER
NO.A1/8280/202/DCEDDKLM DATED 19.1.2021
ISSUED BY THE 3RD RESPONDENT.
Exhibit P4 TRUE COPY OF THE JUDGMENT IN WP(C)
NO.5155/2021 DATED 11.11.2021 PASSED BY
THIS HONOURABLE COURT.
Exhibit P5 TRUE COPY OF THE G.O.(RT)
NO.1594/2021/HEDN DATED 29.11.2021 ISSUED
BY THE 1ST RESPONDENT.
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 6.6.2017
IN W.A.NO.488/2017 IN WP(C) NO.32933/2014
OF THIS HONOURABLE COURT.
Exhibit P7 TRUE COPY OF THE ORDER G.O.(RT)
NO.1691/2018/HEDN DATED 11.9.2018 ISSUED
BY THE 1ST RESPONDENT.
Exhibit P8 TRUE COPY OF ORDER DATED 3.12.2021 IN
CONTEMPT CASE (C) NO.1560/2017 IN WP(C)
NO.14392/2016 OF THIS HONOURABLE COURT.
WP(C) NO. 30879 OF 2021
Exhibit P9 TRUE COPY OF ORDER DATED 8.12.2021 IN
CONTEMPT CASE (C) NO.1330/2021 IN WP(C)
NO.206/2020 OF THIS HONOURABLE COURT.
