Mohammed Salih .C vs State Of Kerala
2023 Latest Caselaw 7596 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     FRIDAY, THE 14TH DAY OF JULY 2023 / 23RD ASHADHA, 1945
                     WP(C) NO. 21479 OF 2023
PETITIONER:
          MOHAMMED SALIH .C
          AGED 29 YEARS, S/O. C. UMMER .
          JR. FULL TIME ARABIC TEACHER, B.K.M.L.P SCHOOL,
          KODALLUR, PALAKKAD-679 306 RESIDING AT CHIRANKARA
          HOUSE, MANNENCODE P.O., PALAKKAD, PIN - 679307
          BY ADVS.U.BALAGANGADHARAN
          R.PRADEEP KUMAR

RESPONDENTS:
     1    STATE OF KERALA
          REPRESENTED BY THE SECRETARY, GENERAL EDUCATION
          DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001
     2    THE DIRECTOR OF GENERAL EDUCATION
          JAGATHY, THIRUVANANTHHAPURAM, PIN - 695014
     3    THE DISTRICT EDUCATIONAL OFFICER
          OTTAPALAM, PALAKKAD, PIN - 679101
     4    THE ASSISTANT EDUCATIONAL OFFICER
          PATTAMBI,PALAKKAD, PIN - 679303
     5    THE SENIOR SUPERINTENDENT
          OFFICE OF ASSISTANT EDUCATION OFFICER,
          PATTAMBI, PALAKKAD, PIN - 679303
     6    THE MANAGER
          B.K.M.L.P SCHOOL, KODALLUR,
          PALAKKAD, PIN - 679306
     7    THE HEADMISTRESS
          B.K.M.L.P SCHOOL, KODALLUR,
          PALAKKAD, PIN - 679306
 ADDOL.R8 SUB TREASURY OFFICER,
          PATTAMBI, PALAKKAD-679303
          IS IMPLEADED AS ADDL.R8 AS PER ORDER DATED
          14.07.2023 IN IA 1/2023
          BY ADV BALAGANGADGARAN
          SMT.NISHA BOSE, SR.GP
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   14.07.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).No.21479/2023

                                        2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.21479 of 2023
             ----------------------------------------------
            Dated this the 14th day of July, 2023


                             JUDGMENT

This writ petition is filed with following prayers:

a) Call for the records leading to endorsement of 5th respondent in Exhibit P7 and set aside the same by issuing writ in the nature of certiorari.

b) Issue writ in the nature of mandamus commanding the 5th respondent NOT to credit arrears of pay and allowances of the petitioner from March 2021 to February 2023 in his General Provident Fund;

c) Issue writ in the nature of mandamus commanding the 5th respondent to recall Exhibit P7 bill from 7th respondent and honor the same and further disburse the arrears payable to the petitioner from March 2021 to February 2023.

d) Declare that the petitioner is entitled to draw pay and allowances from March 2021 to February 2023 without being credited to his PF account.

e) Dispense with the filing of translation of vernacular documents.

(SIC) WP(C).No.21479/2023

2. The petitioner is aggrieved by the order seeking to

credit the entire arrears of salary due to him from 20.07.2017

to the PF Account. The petitioner submitted that the above

order will not stand in the light of the settled position on this

issue to the effect that the arrears of salary cannot be credit to

the PF Account. Hence this writ petition.

3. Heard the learned counsel for the petitioner and

the learned Government Pleader.

4. The counsel for the petitioner submitted that Ext.P7

order directing to credit the arrears of salary in the PF

Account is against the principle laid down by this Court in

several judgments. I think there is some force in the

argument of the petitioner. The Government Pleader

submitted that the judgments relied by the petitioner are

challenged before the Apex Court. That is not a reason to

deny the benefit to the petitioner because the orders passed

by this Court are in force. Therefore the direction to credit

the arrears of salary to the PF Account is to be set aside and

the arrears of salary is to be paid to the petitioner directly.

Therefore, this writ petition is disposed of in the

following manner:

WP(C).No.21479/2023

1. The endorsement of the 5th respondent in Ext.P7

to the effect that the arrears of salary is to be

credited in the PF Account is set aside.

2. Respondents 1, 2 to 5 and 8 are directed to

disburse arrears of salary as claimed in Ext.P7 to

the petitioner, as expeditiously as possible, at

any rate, within three months from the date of

receipt of a stamped certified copy of this

judgment.

3. The petitioner will produce a stamped certified

copy of this judgment along with a copy of this

writ petition before the respondents for

compliance.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.21479/2023

APPENDIX OF WP(C) 21479/2023

PETITIONER EXHIBITS Exhibit P 1 A TRUE COPY OF THE APPOINTMENT ORDER DATED 20.7.2017 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER Exhibit P 2 A TRUE COPY OF THE GOVT. ORDER G.O.

[MS] NO. 7107/2022/GEDN DATED 21.11.2022 Exhibit P 3 A TRUE COPY OF GOVERNMENT ORDER G.O.

[MS] NO.7282/2022/GEDN DATED 25.11.2022 Exhibit P 4 A TRUE COPY OF THE ORDER NO.K.DIS.F/18990/2021 ISSUED BY THE 4TH RESPONDENT DATED 14..2..2023 Exhibit P 5 A TRUE COPY OF THE CIRCULAR DATED 27.01.2021 ISSUED BY THE 1ST RESPONDENT Exhibit P 6 A TRUE COPY OF THE JUDGMENT DATED 13.04.2023 IN WA NO. 302 OF 2023 Exhibit P 7 A TRUE COPY OF THE ARREAR BILL ALONG WITH THE RETURN MEMO ISSUED BY THE 7TH RESPONDENT DATE NIL Exhibit P 8 A TRUE COPY OF THE GOVT. LETTER NO. J 2/49/2022 DATED G.EDN 7.11.2022