Kerala High Court

Galib Shah S vs State Of Kerala on 7 July, 2022

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
            THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
        THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
                        WP(C) NO. 5474 OF 2022
PETITIONERS:

    1       GALIB SHAH S., AGED 45 YEARS, S/O LATE M.SYED MOHAMED,
            7-177, A.M. HOUSE, QUARRY ROAD, THAYYILTHAZHAM,
            PERUMANNA P.O., KOZHIKODE-673019.

    2       GIFFARA S., D/O LATE M.SYED MOHAMED,
            7-177, A.M. HOUSE, QUARRY ROAD,
            THAYYILTHAZHAM, PERUMANNA P.O.,
            KOZHIKODE-673019.


            P.A.NOOR MUHAMED
            BILAL NIAMATHULLA
            RUXANA P.N.
            T.K.KUNJUMON
            K.S.SUNEER



RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY ITS CHIEF SECRETARY,
            SECRETARIAT, THIRUVANANTHAPURAM, PIN. 695 001.

    2       THE SECRETARY, DEPARTMENT OF HIGHER EDUCATION,
            GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM, PIN. 695 001.

    3       THE SECRETARY
            DEPARTMENT OF FINANCE, GOVERNMENT OF KERALA,
            GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
             PIN - 695001

    4       THE DIRECTOR
            THE DIRECTORATE OF COLLEGIATE EDUCATION,
            VIKAS BHAVAN, THIRUVANANTHAPURAM
             PIN - 695033

    5       THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION
            KOZHIKODE, PIN - 673001
 WP(C) NO. 5474 OF 2022
                                     2


     6      THE PRINCIPAL
            M.E.S. MAMPAD COLLEGE,
            MALAPPURAM, PIN - 676542

     7      MUSLIM EDUCATIONAL SOCIETY
            REPRESENTED BY ITS CORRESPONDENT & CHAIRMAN,
            MES FATHIMA GHAFOOR MEMORIAL WOMEN'S COLLEGE
            CAMPUS, KANNUR ROAD, NADAKKAVU P.O., KOZHIKODE
             PIN - 673011

                BABU KARUKAPADATH
                M.A.VAHEEDA BABU
                P.U.VINOD KUMAR
                ARYA RAGHUNATH
                VAISAKHI V.
                T.M.MUHAMMED MUSTHAQ
                MOHAMED HISHAM P
                KARUKAPADATH WAZIM BABU
                P.LAKSHMI
                AISWARYA ANN JACOB

            SRI.JOSHY THANNIKKAMATTAM(GP)




         THIS     WRIT   PETITION   (CIVIL)   HAVING   COME    UP    FOR
ADMISSION        ON   07.07.2022,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 5474 OF 2022
                                           3


                                  JUDGMENT

The petitioners have approached this Court seeking

various benefits that would have been entitled to their father -

late Sri.M.Syed Mohamed, consequent to his service in the

services of the sixth respondent College.

2. I do not require to go into the details of the various

allegations of the petitioners because, pending this lis, the

Government is stated to have issued an order conceding to the

retiral benefits of the petitioners' father; and today, reports

before this Court that the papers with respect to this have

been forwarded to the Accountant General.

3. Sri.P.A.Noor Muhamed - learned counsel for the

petitioners, however, submitted that there are three other

aspects which have yet not been answered by the

Government. He contended that his clients' father ought to

have been appointed as a Senior Superintendent after

10.10.1976 on the orders of the Directorate of Collegiate

Education, which was issued pursuant to Ext.P3 judgment of a

learned Division Bench of this Court and that the

consequential retiral and service benefits have been refused

to be recomputed on such basis. He further asserted that his WP(C) NO. 5474 OF 2022

clients' father had been prevented from holding the post of

Senior Superintendent between 09.05.1992 to 30.06.1995 on

the basis of an allegation that he did not pass M.O.P. which,

according to him, was not necessary; and finally that for all

these omissions, he is entitled to eligible compensation.

4. Sri.Joshy Thannikkamattom - learned Government

Pleader, affirmed that the retiral benefits of the petitioners'

father have already been sanctioned by the competent

Authority and that the papers are now pending with the

Accountant General. As regards the other claims made by the

petitioners as afore, he submitted that the competent

Authority is willing to consider all of them, after hearing the

petitioners and to issue appropriate orders without any

further delay.

5. Sri.Wazim Karukapadath - learned counsel appearing

for respondents 6 and 7, submitted that the petitioners cannot

make any claim against his clients because they have done

everything which was expected to be done, including that

their father had been promoted as a Senior Superintendent at

the relevant time. He argued that, therefore, every direction

in Ext.P14 judgment had been complied with by his clients and

thus prayed that no further orders be issued against them. WP(C) NO. 5474 OF 2022

6. When I consider and evaluate the afore submissions, it

is evident that this Court will be now justified in disposing of

this writ petition with the following directions:

(a) It is recorded that the pensionary papers with

respect to the petitioners' father has been forwarded to the

Accountant General; with a consequential direction to the said

Authority to ensure that the eligible amounts under the same

are disbursed to the petitioners and other eligible persons, if

any, as expeditiously as is possible, but not later than two

months from the date of receipt of a copy of this judgment.

(b) The fourth respondent - Directorate of Collegiate

Education, will consider the claims of the petitioners with

respect to their father's appointment as Senior

Superintendent from 10.10.1976, based on his own order and

Ext.P3 judgment of this Court; consequent to which, if it is so

found entitled, then the retiral benefits and service benefits

will be suitably modulated, with all resultant benefits being

offered without any avoidable delay but not later than four

months from the date of receipt of a copy of this judgment.

was denied promotion as Senior Superintendent between

09.05.1992 and 30.06.1995 on the ground that he did not WP(C) NO. 5474 OF 2022

obtain M.O.P., is concerned, this will also be considered by the

third respondent while the afore exercise is completed and his

opinion on the same shall be reflected in the resultant order.

(d) As regards compensation/interest is concerned, I do not

think that this Court will be justified in ordering any such at

this stage, when the afore enquiry is pending; and I leave

them open to be impelled either before this Court or before

the appropriate Forum at the relevant time.

This writ petition is thus ordered.

Sd/- DEVAN RAMACHANDRAN JUDGE stu WP(C) NO. 5474 OF 2022

APPENDIX OF WP(C) 5474/2022

PETITIONER EXHIBITS

Exhibit-P1 TRUE COPY OF THE RELEVANT PAGE AS DOWNLOADED FROM THE WEBSITE WWW.MESKERALA.COM/US ON 15.1.2022

Exhibit-P2 TRUE COPY OF THE CERTIFICATE DATED 9.6.1978 ISSUED BY THE KERALA PSC TO THE PETITIONERS' FATHER.

Exhibit-P3 TRUE COPY OF THE JUDGMENT DATED 22/8/1985 IN C.R.P. NO.895 & 1272/1979 PASSED BY A LEARNED DIVISION BENCH OF THIS HON'BLE COURT.

Exhibit-P4 TRUE COPY OF THE SENIORITY LIST OF NON-

TEACHING STAFF OF M.E.S. COLLEGES AS ON 1.1.1973

Exhibit-P5 TRUE COPY OF THE ORDER DATED 29.8.1981 ISSUED BY THE MANAGEMENT SHOWING THE PROMOTIONS GRANTED TO THE JUNIORS OF THE PETITIONERS' FATHER IS ANNEXED HEREWITH ALONG WITH ITS FRESH TYPED COPY

Exhibit-P6 TRUE COPY OF THE ORDER NO.ESTT.E6.47415/86 DATED 22.4.1987 ISSUED BY THE DIRECTOR OF COLLEGIATE EDUCATION, TRIVANDRUM IS ANNEXED HEREWITH ALONG WITH ITS FRESH TYPED COPY

Exhibit-P7 TRUE COPY OF THE LETTER DATED 25.2.1989 OF THE DIRECTOR OF COLLEGIATE EDUCATION, TRIVANDRUM IS ANNEXED HEREWITH ALONG WITH ITS FRESH TYPED COPY

Exhibit-P8 TRUE COPY OF THE SAID ORDER DATED 20.1.1989 ISSUED BY THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, TRIVANDRUM

Exhibit-P9 TRUE COPY OF THE CERTIFICATE NO.2383/1992 ISSUED BY THE PSC CERTIFYING THAT THE PETITIONERS' FATHER PASSED THE M.O.P. WP(C) NO. 5474 OF 2022

TEST CONDUCTED BY IT IN NOVEMBER 1988.

Exhibit-P10 TRUE COPY OF THE ORDER DATED 9.8.1989 ISSUED BY THE MANAGEMENT IS ANNEXED HEREWITH ALONG WITH ITS FRESH TYPED COPY.

Exhibit-P11 TRUE COPY OF THE COMMUNICATION DATED 30.5.1970 OF THE DIRECTOR OF COLLEGIATE EDUCATION ALONG WITH ITS FRESH TYPED COPY.

Exhibit-P12 TRUE COPY OF THE REPRESENTATION DATED 22.5.1991 SUBMITTED BY THE PETITIONERS' FATHER.

Exhibit-P13 TRUE COPY OF THE ORDER DATED 22.6.1991 ISSUED BY THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPPURAM.

Exhibit-P14 TRUE COPY OF THE JUDGMENT DATED 30.10.1991 IN O.P.NO.4240/1987 PASSED BY THIS HON'BLE COURT.

Exhibit-P15 TRUE COPY OF THE G.O. DATED 26.8.1981.

Exhibit-P16 TRUE COPY OF THE REPRESENTATION DATED 8.5.1992 SUBMITTED BY THE PETITIONERS' FATHER .

Exhibit-P17 TRUE COPY OF THE ORDER DATED 18.5.1992 OF THE DIRECTOR OF COLLEGIATE EDUCATION .

Exhibit-P18 TRUE COPY OF THE ORDER DATED 13.5.1995 ISSUED BY THE CORRESPONDENT & CHAIRMAN, M.E.S., CALICUT.

Exhibit-P19 TRUE COPY OF THE PETITION DATED 20.11.1995 SUBMITTED BY THE PETITIONERS' FATHER

Exhibit-P20 TRUE COPY OF A REPRESENTATION DATED 26.11.1998 MADE BY THE PETITIONERS' FATHER TO THE DIRECTOR OF COLLEGIATE EDUCATION.

WP(C) NO. 5474 OF 2022

Exhibit-P21 TRUE COPY OF THE PETITION DATED 7.2.2017 SUBMITTED BY THE PETITIONERS' FATHER

Exhibit-P22 TRUE COPY OF THE LETTER DATED 15.2.2017 OF THE PRINCIPAL SECRETARY, GOVERNMENT OF KERALA, HIGHER EDUCATION DEPARTMENT.

Exhibit-P23 TRUE COPY OF THE PETITION DATED 30.6.2017 SUBMITTED BY THE PETITIONERS' FATHER.

Exhibit-P24 TRUE COPY OF THE ORDER DATED 5.7.2017 OF THE HON'BLE MINISTER FOR EDUCATION, KERALA.

Exhibit-P25 TRUE COPY OF THE LETTER DATED 16.7.2018 OF THE DIRECTOR OF COLLEGIATE EDUCATION.

Exhibit-P26 TRUE COPY OF THE COMMUNICATION DATED 12.11.2018 OF THE JOINT SECRETARY, FINANCE DEPARTMENT OF THE GOVERNMENT OF KERALA.

Exhibit-P27 TRUE COPY OF THE ORDER DATED 28.11.2018 OF THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF KERALA .

Exhibit-P28 TRUE COPY OF THE LETTER DATED 24.6.2020 OF THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT OF KERALA

Exhibit-P29 TRUE COPY OF THE PETITION DATED 5.10.2020 SUBMITTED BY THE PETITIONERS' FATHER.

Exhibit-P30 TRUE COPY OF THE LETTER DATED 22.10.2020 OF THE PRINCIPAL SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT.

Exhibit-P31 TRUE COPY OF THE LETTER DATED 3.12.2020 OF THE PRINCIPAL SECRETARY TO THE GOVERNMENT, HIGHER EDUCATION DEPARTMENT.

Exhibit-P32 TRUE COPY OF THE REPORT/PROPOSAL DATED 14.1.2021 OF THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, KOZHIKODE. WP(C) NO. 5474 OF 2022

Exhibit-P33 TRUE COPY OF THE REPRESENTATION DATED 18.2.2021 SUBMITTED BY THE PETITIONERS' FATHER.

Exhibit-P34 TRUE COPY OF THE COMMUNICATION DATED 9.4.2021 OF AN UNDER SECRETARY IN THE FINANCE (EDUCATION-C) DEPARTMENT OF THE GOVERNMENT OF KERALA TO THE HIGHER EDUCATION DEPARTMENT.

Exhibit-P35 TRUE COPY OF THE LETTER DATED 19.4.2021 FROM THE HIGHER EDUCATION DEPARTMENT TO THE PETITIONERS' FATHER.

Exhibit-P36 TRUE COPY OF THE PETITION DATED 5.7.2021 SUBMITTED BY THE PETITIONERS.

Exhibit-P37 TRUE COPY OF THE CIRCULAR NO.31/85/FIN.

DATED 10.4.1985 ISSUED BY THE GOVERNMENT OF KERALA.