Kerala High Court
Meera K vs Secretary To Government on 13 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
WP(C) NO. 13432 OF 2023
PETITIONER/S:
1 MEERA K
AGED 50 YEARS
W/O. N.P. SURESH, HSA (MALAYALAM), PTM HIGH
SCHOOL, THRIKKATERI, OTTAPALAM, PALAKKAD
DISTRICT, PIN - 679502
2 FASEELA M
AGED 46 YEARS
W/O. ABDUL JAMAL A, HSA (NATURAL SCIENCE), PTM
HIGH SCHOOL, THRIKKATERI, OTTAPALAM, PALAKKAD
DISTRICT, PIN - 679502
3 SAJID K
AGED 39 YEARS
S/O. ABOOBACKER K, HSA (ENGLISH), PTM HIGH
SCHOOL, THRIKKATERI, OTTAPALAM, PALAKKAD
DISTRICT, PIN - 679502
4 ANAS K
AGED 39 YEARS
S/O. MUHAMMED, HSA (PHYSICAL SCIENCE), PTM HIGH
SCHOOL, THRIKKATERI, OTTAPALAM, PALAKKAD
DISTRICT, PIN - 679502
BY ADV POOVAMULLE PARAMBIL ABDULKAREEM
RESPONDENT/S:
1 SECRETARY TO GOVERNMENT
GENERAL EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 DIRECTOR OF GENERAL EDUCATION
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
3 DEPUTY DIRECTOR OF EDUCATION
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
PALAKKAD, PIN - 678001
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W.P.(C). No. 13432 of 2023
4 DISTRICT EDUCATIONAL OFFICER
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
OTTAPALAM, PIN - 679101
5 MANAGER
PTM HIGH SCHOOL, THRIKKATIRI, OTTAPALAM,
PALAKKAD DISTRICT, PIN - 679502
6 HEADMASTER
PTM HIGH SCHOOL, THRIKKATIRI, OTTAPALAM,
PALAKKAD DISTRICT, PIN - 679502
7 SECRETARY TO GOVERNMENT, DEPARTMENT OF FINANCE
(PF) GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
-695001
8 STATE OF KERALA REPRESENTED BY ITS CHIEF
SECRETARY TO GOVERNMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001
OTHER PRESENT:
SMT.SURYA BINOY, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 13.04.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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W.P.(C). No. 13432 of 2023
P.V.KUNHIKRISHNAN, J.
======================================================
W.P.(C) No. 13432 of 2023
=============================================================
Dated this the 13th day of April, 2023
JUDGMENT
The above writ petition is filed with following prayers:
"i) Issue a writ of certiorari or any other appropriate
writ, or Order to quash Ext.P15 Circular as against the
petitioners and to the extent of restriction imposed on
payment of arrears of salary in Exts.P10.& P13 approval
saying that the same should be deposited to the Provident
Fund account as it is illegal and against Ext.P14
Judgment.
ii) Issue writ of Mandamus or any other appropriate writ,
order or direction, directing the 4th respondent to disburse
the arrears of salary due to the petitioners covered under
Exhibits P10 and P13 approval orders forthwith.
iii) To declare that the petitioners are entitled to get their
arrears of salary covered under Exts.P10 & P13
approval in the light of Ext.P14 Judgment.
iv) To dispense with filing of translation of vernacular
documents.
v) To grant such other reliefs, as this Hon'ble Court shall
deem just and proper in the interest of justice, including
costs." (sic)
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W.P.(C). No. 13432 of 2023
2. When this writ petition came up for consideration,
both sides submitted that the point raised in this writ petition is
covered in favour of the petitioner. The grievance of the
petitioner is that the arrears of salary is credited in the PF
Account. In the light of Ext.P14 judgment, I think the same is not
possible. The prayers in this writ petition is to be allowed.
Therefore, this writ petition is allowed in the following
manner:
1. The 4th respondent is directed to disburse the arrears of
salary covered by Exts.P10 and P13 to the petitioners as
expeditiously as possible, at any rate, within three
months from the date of receipt of a stamped certified
copy of this judgment.
2. The petitioners will produce a stamped certified copy
of this judgment together with a copy of this writ petition
before the 4th respondent for compliance.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
das
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W.P.(C). No. 13432 of 2023
APPENDIX OF WP(C) 13432/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED
25/06/2007 ISSUED BY THE 5TH RESPONDENT TO THE
1ST PETITIONER
Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER DATED
01/06/2009 ISSUED BY THE 5TH RESPONDENT TO THE
1ST PETITIONER
Exhibit P3 TRUE COPY OF THE APPOINTMENT ORDER DATED
14/07/2008 ISSUED BY THE 5TH RESPONDENT TO THE
2ND PETITIONER
Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 04/08/2016 IN
WP(C) NO.25942/2016 PASSED BY THIS HON'BLE
COURT
Exhibit P5 TRUE COPY OF THE APPOINTMENT ORDER DATED
1/6/2009 ISSUED BY THE 5TH RESPONDENT TO THE
3RD PETITIONER
Exhibit P6 TRUE COPY OF THE APPOINTMENT ORDER DATED
15/6/2009 ISSUED BY THE 5TH RESPONDENT 4TH
PETITIONER
Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 01/11/2021 IN
WP(C)NO.22845/2021 FILED BY THE PETITIONERS 1
TO 3
Exhibit P8 TRUE COPY OF THE JUDGMENT DATED 22/09/2021 IN
WP(C) NO.19695/2021 FILED BY THE 4TH
PETITIONER
Exhibit P9 TRUE COPY OF THE G.O(RT)NO.2318/2022/GEDN.
DATED 07/04/2022 ISSUED BY THE 1ST RESPONDENT
Exhibit P10 TRUE COPY OF THE ORDER NO.B5/4795/2021 DATED
28/03/2023 ISSUED BY THE 4TH RESPONDENT
Exhibit P11 TRUE COPY OF THE JUDGMENT DATED 06/07/2022 IN
WP(C)NO.22010/2022 ISSUED BY THIS HON'BLE
COURT
Exhibit P12 TRUE COPY OF THE G.O(RT)NO.1012/2023/GEDN
DATED 03/02/2023 ISSUED BY THE 1ST RESPONDENT
Exhibit P13 TRUE COPY OF THE ORDER NO.K.DIS. B5/4298/2022
DATED 20/03/2023 ISSUED BY THE 4TH RESPONDENT
Exhibit P14 TRUE COPY OF THE JUDGMENT DATED 05/01/2023 IN
WP(C)NO.17115/2022 ISSUED BY THIS HON'BLE
COURT
Exhibit P15 TRUE COPY OF THE CIRCULAR NO.07/2021/FIN.
DATED 27/01/2021 ISSUED BY THE 7TH RESPONDENT
