Kerala High Court
The Corporate Manager vs State Of Kerala on 3 November, 2022
WP(C) No.25492/2022 1/5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
Thursday, the 3rd day of November 2022 / 12th Karthika, 1944
WP(C) NO. 25492 OF 2022(J)
PETITIONER:
THE CORPORATE MANAGER, MARTHOMA SCHOOLS, MARAMON CHURCH, MARAMON
P.O., PATHANAMTHITTA DISTRICT, PIN- 689549. (ABRAHAM MALPAN MEMORIAL
TEACHERS' TRAINING INSTITUTE AND UPPER PRIMARY (A.M.M.T.T.I & UP)
SCHOOL/MATHEW MAR ATHENATIOUS (M.M.A) HIGHER SECONDARY SCHOOL,
MARAMON P.O., PATHANAMTHITTA DISTRICT, PIN- 689549- REV. GEORGE
ABRAHAM, S/O. K.M. ABRAHAM, VICAR/CORPORATE MANAGER, MARAMON
MARTHOMA CHURCH, MARAMON P.O., THIRUVALLA.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2. THE DIRECTOR OF GENERAL EDUCATION, (FORMERLY DIRECTOR OF PUBLIC
INSTRUCTIONS), THIRUVANANTHAPURAM- 695014.
3. THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL
OFFICER, THIRUVALLA- 689101.
4. DEEPA RACHEL GEORGE, HIGH SCHOOL TEACHER (MALAYALAM), F.M HIGH
SCHOOL, CHINNAKKANAL, IDUKKI - 685 618 (FORMERLY H.S.A.(MALAYALAM),
MATHEW MAR ATHENATIOUS (M.M.A) HIGH SCHOOL, MARAMON, MARAMON PO.,
PATHANAMTHITTA DISTRICT, PIN- 689549.
5. SUNU GEORGE, H.S.A. (MALAYALAM), MATHEW MAR ATHENATIOUS (M.M.A) HIGH
SCHOOL, MARAMON PO., PATHANAMTHITTA DISTRICT, PIN- 689549.
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to issue an interim order of stay of operation and implementation
of Exts.P8 and P9 orders and all further recovery proceedings pursuant to
the same against the petitioner, pending final disposal of this writ
petition.
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this court's order dated
19.10.2022 and upon hearing the arguments of SRI.S.SUBHASH CHAND, Advocate
for the petitioner and of M/S.M.A.FAYAS,M.VISHNUPRIYA & C.B.ABHINAVA,
Advocates for R5, the court passed the following:-
P.T.O.
WP(C) No.25492/2022 2/5
RAJA VIJAYARAGHAVAN V, J.
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W.P. (C) Nos.22119 & 25492 of 2022
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Dated this the 3rd day of November, 2022
ORDER
I have heard the learned counsel appearing for the petitioners in both
these cases and the learned Senior Government Pleader.
2. I find that this Court, while considering W.P.(C) No.25492/2022
filed by the Manager, had stayed the recovery initiated against the Manager and
had clarified that the salary and other benefits due to the petitioner in W.P.(C)
No. 22119/2022 need not be held up on account of the above reason.
3. Sri.M.A.Fayaz, the learned counsel appearing for the petitioner in
W.P.(C) No.22119 of 2022, submitted that it is in pursuance to the directions
issued by the DEO, Thiruvalla that the Manager has retrenched one Sherin
Annie Joseph, who was working as TSA (Malayalam) as the junior most teacher
on the ground that she is not having protection and accommodated one Deepa
Rachel George HST (Malayalam). The learned counsel would then refer to
Ext.P4, and it is submitted that the DEO had approved the action of the
WP(C) No.25492/2022 3/5
W.P. (C) Nos.22119 & 25492 of 2022 2
Manager. In other words, the educational authorities treated both schools as a
single unit. The aforesaid Sherin Anny Joseph challenged the order before this
Court, and by judgment dated 4.4.2019 in W.P.(C) No. 34597/2018, this Court
took the view that a High School and a TTI are to be treated as different units
as the post of HSA and the post of TSA fall in different categories. According
to the learned counsel, in that view of the matter, the official respondents
cannot entirely blame the Manager. It is submitted that the arrears for the
period from 1.10.2018 to 15.7.2019 have not yet been paid on the premise that
the amounts are to be recovered from the Manager.
4. Sri. Subhash Chand submitted that the Manager had acted strictly
in accordance with the directions issued by the DEO, and in that view of the
matter, there is no justification on the part of the respondents in contending
that the salary due to the petitioner in W.P.(C) No.22119/2022 is to be
recovered from the Manager.
5. Having considered the submissions and taking note of the
sequence of events that led to this confusion, I direct the official respondents in
W.P.(C) No. 22119/2022 to initiate appropriate steps to implement the order
dated 8.8.2022 in W.P.(C) No.25492/2022 and disburse the benefits, if any, due
to Smt. Sunu George. It is made clear that the disbursal of the benefits above
WP(C) No.25492/2022 4/5
ordered shall be subject to the final outcome of this writ petition. It would be
open to the respondents to insist while granting the benefits that the petitioner
in W.P.(C) No.22119/2022 shall file an undertaking that if ultimately the case is
decided against her, she shall be bound to repay the benefits granted.
Sd/-
RAJA VIJAYARAGHAVAN V,
JUDGE
sru
03-11-2022 /True Copy/ Assistant Registrar
WP(C) No.25492/2022 5/5
APPENDIX OF WP(C) 25492/2022
Exhibit P4 TRUE COPY OF THE ORDER BEARING NO.B1/5839/2018 K.DIS.
DATED 15.10.2018 OF RESPONDENT NO.3.
