Kerala High Court
M.I. Soman vs State Of Kerala on 14 June, 2022
OP(KAT)No131 of 2018
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
&
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
OP(KAT) NO. 131 OF 2018
AGAINST THE ORDER IN OA 835/2016 OF KERALA ADMINISTRATIVE
TRIBUNAL, THIRUVANANTHAPURAM
PETITIONERS:
1 M.I. SOMAN
S/O.PARAMESWARANNAMBOODIRI,P.D.TEACHER,
GOVT.HIGH SCHOOL,KAKKAVAYAL,KALPETTA NORTH,
WAYANAD DISTRICT,PIN:673112,
RESIDING AT KRISHNA VAILASAM MUTTI P.O,
KALPETTA NORTH,WAYANAD-673122.
2 E.T.JOHN
S/O.THOMAS.M.T,HIGH SCHOOL ASSISTANT,
GOVERNMENT HIGH SCHOOL,KAKKAVAYAL,
KALPETTA NORTH,
WAYANAD DISTRICT,PIN:673122,
RESIDING AT ELAVUMKAL
HOUSE,MADAKKIMALA.P.O,KALPETTA(VIA),
WAYANAD-6731222.
BY ADV DR.GEORGE ABRAHAM
OP(KAT)No131 of 2018
2
RESPONDENTS
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF GENERAL EDUCATION,
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 SECRETARY TO GOVERNMENT
DEPARTMENT OF FINANCE,GOVERNMENT OF
KERALA,SECRETARIAT,THIRUVANANTHAPURAM-695001.
3 DEPUTY DIRECTOR OF EDUCATION
WAYANAD DISTRICT,CIVIL STATION, KALPETTA-
673122,WAYANAD DISTRICT.
BY SRI.BIJOY CHANDRAN, GOVERNMENT PLEADER
THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR
ADMISSION ON 14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(KAT)No131 of 2018
3
JUDGMENT
A.K.Jayasankaran Nambiar, J
The petitioners in the OP(KAT) were the applicants before
the Kerala Administrative Tribunal (KAT), Thiruvananthapuram, in
OA No.835 of 2016, and are aggrieved by the order dated
12.02.2018 in the said O.A. The brief facts necessary for the
disposal of the Original Petitions are as follows:-
The petitioners before us, who were the applicants before the
Administrative Tribunal, are the Primary Departmental Teachers
who after completion of various spells of teaching service in aided
schools, joined Government schools in the State. It would appear
that based on the Government Orders issued from time to time
they were granted the time bound higher grade on the completion
of 10 years. While reckoning the qualifying service for the time
bound higher grade the period of service rendered in aided schools
prior to their joining Government service was also taken into
consideration. The provocation for approaching the Tribunal was
an audit objection that was raised in connection with the
sanctioning of the first higher grade on completion of 10 years of
service with the Government taking the stand that the first higher
OP(KAT)No131 of 2018
grade promotion could not have been granted to the applicants
prior to their probation being declared in the Government school.
The representations preferred by the applicants against the audit
objection having met with no success, the applicants approached
the Tribunal with a prayer to set aside the audit objections and the
consequential orders passed by the Government, as well as for a
declaration that in the case of a teacher who had entered
Government service after putting in service as a teacher in aided
schools, though the sanctioning of higher grade could await a
declaration of satisfactory completion of the period of probation,
such higher grade had to be given with effect from the date on
which it actually fell due on completion of the prescribed number
of years.
2. The Tribunal that considered the matter found that the
issue as regards whether or not the higher grade on completion of
10 years of service could be granted only after successful
declaration of probation in Government service had already been
decided against the applicant by the judgment of the Tribunal in
G.Kanakakumaran v. State of Kerala [2013 (2) KAT Reporter
246]. Following the said judgment the reliefs prayed in the
original application was denied and the original application itself
dismissed.
OP(KAT)No131 of 2018
3. In the OP(KAT) before us, while the challenge is to the
said order of the Tribunal, the learned counsel for the petitioners
submits that the decision of the Tribunal in G.Kanakakumaran
(supra) has become final and the proposition therein is not in
dispute. In that view of the matter we find that this OP(KAT)
requires to be dismissed for there is no indication that pursuant to
the order of the Tribunal any recovery step has been initiated
against the petitioner in relation to which he could seek the benefit
of the decision in State of Punjab and others v. Rafiq Masih
[2015(4) SCC 334]. We therefore dismiss the OP(KAT) without
prejudice to the right of the petitioners to challenge any recovery
proceedings, if any, initiated against them by the Government,
based on the decision in Rafiq Masih (supra).
The Original petition (KAT) is dismissed.
Sd/-
A.K.JAYASANKARAN NAMBIAR,
JUDGE
Sd/-
MOHAMMED NIAS C.P.,
JUDGE
dlk 15.6.2022
OP(KAT)No131 of 2018
APPENDIX OF OP(KAT) 131/2018
PETITIONERS EXHIBITS
EXHIBIT P1 TRUE COPY OF O.A.NO.835/2016 ALONG WITH
ANNEXURES:
ANNEXURE A1 TRUE COPY OF LETTER NO.D3/2925/2011 DATED
26.04.2011 OF THE 3RD RESPONDENT ALONG WITH
RELEVANT PAGES OF AUDIT OBJECTION
ANNEXURE A2 TRUE COPY OF JUDGMENT DATED 15.06.2011 IN
WP(C)NO.16029/2011(C) PASSED BY THE HON'BLE
HIGH COURT OF KERALA
ANNEXURE A3 TRUE COPY OF G.O.(RT)NO.1722/2012/G.EDN
DATED 10.04.2012 ISSUED BY GOVERNMENT OF
KERALA, GENERAL EDUCATION (B) DEPARTMENT
ANNEXURE A4 TRUE COPY OF ORDER DATED 08.04.2015 IN
O.A.NO.1695/2012 PASSED BY THIS HON'BLE
TRIBUNAL.
ANNEXURE A5 TRUE COPY OF G.O.(RT)NO.5718/2015/G.EDN
DATED 03.12.2015 ISSUED BY THE GOVERNMENT
OF KERALA, GENERAL EDUCATION (B)
DEPARTMENT.
ANNEXURE A6 TRUE COPY OF JUDGMENT DATED 06.8.2015 IN
WP(C) NO.6165/2013(U) PASSED BY THE HON'BLE
HIGH COURT OF KERALA
ANNEXURE A7 TRUE COPY OF GOVERNMENT LETTER
NO.41730/J1/88/G.EDN DATED 10.09.1990
ISSUED BY GENERAL EDUCATION DEPARTMENT,
GOVERNMENT OF KERALA
ANNEXURE A8 TRUE COPY OF GOVERNMENT CIRCULAR
NO.26316/J1/80/G.EDN DATED 23.03.1983,
ISSUED BY GENERAL ECUCATION DEPARTMENT,
GOVERNMENT OF KERALA
OP(KAT)No131 of 2018
ANNEXURE A9 TRUE COPY OF G.O.(P) 62/1981/(282)/FIN
DATED 20.01.1981 ISSUED BY FINANCE (PRC)
DEPARTMENT, GOVERNMENT OF KERALA
ANNEXURE A10 TRUE COPY OF CIRCULAR NO.46/2008/FIN DATED
08.08.2008, ISSUED BY GENERAL ECUATION (J)
DEPARTMENT, GOVERNMENT OF KERALA
ANNEXURE A11 TRUE COPY OF CIRCULAR NO.35196/J2/99/G EDN
DATED 09.08.1999 ISSUED BY GENERAL
EDUCATION (J) DEPARTMENT, GOVERNMENT OF
KERALA.
EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED BY
THE 2ND RESOPONDENT.
EXHIBIT P3 TRUE COPY OF THE REPLY STATEMENT FILED BY
THE 3RD RESPONDENT
EXHIBIT P4 TRUE COPY OF THE REJOINDER FILED BY THE
PETITIONER IN O.A.NO.835/2016
EXHIBITP 5 TRUE COPY OF THE ORDER DATED 212.02.2018
PASSED BY THE KERALA ADMINISTRATIVE
TRIBUNAL.THIRUVANANTHAPURAM IN
O.A.NO.835/2016.
