M. Muhammed Shakkir vs State Of Kerala
2023 Latest Caselaw 6849 Ker

                       IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                          PRESENT

                     THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

            THURSDAY, THE 22ND DAY OF JUNE 2023 / 1ST ASHADHA, 1945

                                   WP(C) NO. 9170 OF 2023

PETITIONER/S:

                M. MUHAMMED SHAKKIR,
                AGED 41 YEARS
                SON OF MUHAMMED SALI, UPPER PRIMARY SCHOOL ASSISTANT, SCV BOYS HS,
                CHIRAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT (RESIDING AT SALAMATH
                MANZIL, KANNYAKULANGARA, VEMBAYAM P O, THIRUVANANTHAPURAM DISTRICT
                - 695 615), PIN - 695304
                BY ADVS.
                M.SAJJAD
                V.A.MUHAMMED


RESPONDENT/S:

     1          STATE OF KERALA
                REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION
                DEPARTMENT, SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM, PIN - 695001
     2          THE DIRECTOR OF GENERAL EDUCATION,
                JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
     3          THE DEPUTY DIRECTOR OF EDUCATION,
                THIRUVANANTHAPURAM, PIN - 695036
     4          THE DISTRICT EDUCATIONAL OFFICER,
                ATTINGAL, THIRUVANANTHAPURAM DISTRICT, PIN - 695101
     5          THE MANAGER,
                NOBLE GROUPS OF SCHOOLS, CHIRAYINKEEZHU, THIRUVANANTHAPURAM
                DISTRICT, PIN - 695304
     6          THE HEADMASTER,
                SCV BOYS HS, CHIRAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT, PIN -
                695304

OTHER PRESENT:

                Surya Binoy - GP



      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.06.2023, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C) No. 9170 of 2023
                                     ..2..




                           P.V.KUNHIKRISHNAN J.
                   =====================

                         W.P.(C) No. 9170 of 2023

              ========================

              Dated this the 22nd day of June, 2023

                           J U D G M E N T

The above Writ Petition is filed with the following

prayers:-

"(i) issue a writ of mandamus or other appropriate writ order

or direction directing the 4th Respondent to disburse the

salary of the Petitioner w.e.f 03.06.2013 onwards with 12%

penal interest. Per annum since the due date and forthwith.

(ii) issue a writ of mandamus or other appropriate writ order

or direction directing the 4th Respondent to declare the

probation of the Petitioner w.e.f 01.06.2012 onwards and

thereby sanction and disburse his due increment, higher grade

pay revision benefits etc. Pending finalization of the Writ

Petition.

W.P.(C) No. 9170 of 2023 ..3..

(iii) to dispense with filing of English translation of

vernacular documents produced in the Writ Petition.

(iv) pass such other order or direction which this Hon'ble

Court may deem fit and proper to grant in the circumstances

of the case."[SIC]

2. The petitioner has got approval as UPSA with effect

from 01.06.2011 to 31.05.2013 against the leave vacancy is

the submission. Later, vide Ext.P3, the Educational Officer

granted approval to the petitioner as UPSA with effect from

03.06.2013 onwards against a permanent post. However, the

salary has not been disbursed is the submission. So the

manager has not declared the probation of the petitioner

though it is liable to be declared from 01.06.2012 reckoning

his service in the leave vacancy is the submission. Hence

seeking declaration of probation, the petitioner moved the

Assistant Educational Officer. The same is not considered is

the grievance. Hence this Writ Petition. W.P.(C) No. 9170 of 2023 ..4..

3. Heard the learned counsel appearing for the petitioner

and the Government Pleader.

4. Today, when the matter came up for consideration, the

learned counsel appearing for the petitioner submitted that the

probation of the petitioner is already declared. What remains is

only the disbursement of arrears of salary which is credited to

the PF Account. This court as per Ext.P11 judgment observed

that the arrears of salary cannot be credited to the PF Account

and the same should be disbursed to the petitioner because that

is an amount which the petitioner is entitled by cash. I think in

the light of Ext.P11 judgment, the arrears of salary credited to

the PF Account should be disbursed to the petitioner.

5. The Government Pleader raised some doubts about the

submission of the petitioner that the amount is not credited to

the PF Account of the petitioner. I make it clear that the

amount needs to be disbursed to the petitioner from the PF

Account, only if it is credited to the PF Account. If the amount W.P.(C) No. 9170 of 2023 ..5..

is not credited to the PF Account, the same should be

disbursed to the petitioner expeditiously.

Therefore, this Writ Petition is disposed of with the

following directions:-

i. The respondents 4 and 7 will take necessary steps to

disburse the salary arrears, if any, credited in the PF Account

of the petitioner as expeditiously as possible at any rate within

three months from the date of receipt of a certified copy of this

judgment.

ii. If the amount is not credited to the PF Account of the

petitioner, respondents 4, 6 and 7 will take necessary steps to

disburse the arrears of salary to the petitioner as expeditiously

as possible at any rate within four months from the date of

receipt of a certified copy of this judgment.

Sd/-

P.V.KUNHIKRISHNAN JUDGE RMV W.P.(C) No. 9170 of 2023 ..6..

APPENDIX OF WP(C) 9170/2023

PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE ORDER NO. B2/116/2020/DEO/D.DIS DATED 09.06.2020 OF THE DEO, ATTINGAL Exhibit P-2 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 03.06.2013 Exhibit P-3 TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT EDUCATIONAL OFFICER, ATTINGAL VIDE ORDER NO. B6/917/2021/DEO/D.DIS DATED 12.03.2021 Exhibit P-4 TRUE COPY OF THE GO(RT) NO. 5789/2014/G.EDN DATED 31.12.2014 Exhibit P-5 TRUE COPY OF THE GO(RT) NO. 1785/2019/G.EDN DATED 18.05.2019 Exhibit P-6 TRUE COPY OF THE GOVERNMENT LETTER NO.68048/J2/2000/G.EDN DATED 17.01.2001 ALONG WITH THE TYPED COPY Exhibit P-7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE MANGER DATED 22.12.2022 Exhibit P-8 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE DEO DATED 02.03.2023 Exhibit P-9 TRUE COPY OF THE FORWARDING LETTER NO. 73/2023-24 DATED 10.03.2023 Exhibit P-10 TRUE COPY OF THE GO(RT) NO.1045/2022/G.EDN DATED 23.02.2022 Exhibit P-11 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WP(C) NO. 17115/2022 DATED 05.01.2023 Exhibit P-12 TRUE COPY OF THE LETTER ISSUED BY THE MANAGER TO THE HEADMISTRESS (SCV BOYS HS, CHIRAYINKEEZHU) DATED 17.05.2023

RESPONDENTS' EXHIBITS:NIL

TRUE COPY

P.A.TO JUDGE