Kerala High Court
C.Kunhabdulla vs The State Of Kerala on 13 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
MONDAY, THE 13TH DAY OF MARCH 2023 / 22ND PHALGUNA, 1944
WP(C) NO. 12161 OF 2018
PETITIONER:
C.KUNHABDULLA
SON OF ABDU RAHIMAN, AGED 51 YEARS,
FULL-TIME URDU TEACHER, ACKIPARAMBA U.P.SCHOOL,
P.O.TALIPARAMBA, KANNUR DISTRICT-670141.
BY ADVS.
SRI.V.A.MUHAMMED
SRI.M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE DISTRICT EDUCATIONAL OFFICER TALIPARAMBA
KANNUR DISTRICT-670141.
3 THE ASSISTANT EDUCATIONAL OFFICER
TALIPARAMBA NORTH, P.O.TALIPARAMBA,
KANNUR DISTRICT-670141.
4 THE MANAGER, ACKIPARAMBA U.P.SCHOOL
P.O.TALIPARAMBA, KANNUR DISTRICT-670141.
5 THE HEADMASTER, ACKIPARAMBA U.P.SCHOOL
P.O.TALIPARAMBA, KANNUR DISTRICT-670141.
OTHER PRESENT:
SMT. NISHA BOSE SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.12161/2018
2
P.V.KUNHIKRISHNAN, J.
--------------------------------
W.P.(C).No.12161 of 2018
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Dated this the 13th day of March, 2023
JUDGMENT
This writ petition is filed with following prayers:
i. Issue a writ of mandamus or other appropriate
writ order or direction commanding the
Respondents to approve the appointment of the
Petitioner covered in Exhibit P-6 as Full-time
Urdu teacher by extending the benefit flowing
from Exhibit P-1 to the Petitioner and thereby
grant consequential benefits.
ii. Declare that the Petitioner is entitled to get his
appointment covered in Exhibit P-6 as Full-time
Urdu teacher.
iii. Issue a writ of certiorari or other appropriate
writ, order or direction quashing Exhibits P-6, P-8
and P-9 to the extent it decline the request of the
Petitioner to approve Exhibit P-6 appointment as
Full-time Urdu teacher.
WP(C).No.12161/2018
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. Petitioner is a Rule 51-A claimant in Ackiparamba
UP School. He has got 17 years, 9 months and 15 days service
from 01.06.1988 to 31.01.2008 against the leave vacancy of
Sri. M. Ali, Full Time Urdu Teacher. Sri. Ali rejoined duty on
01.02.2008 and retired on 30.05.2015. Hence the petitioner
was thrown out from service and reappointed from
01.06.2015. It is the case of the petitioner that as per Rule 52
Chapter XIV A KER, the petitioner is eligible to start at the
same pay as a full time Urdu Teacher. This was not considered
by the Government while deciding Ext.P8 is the submission.
Hence this writ petition.
3. Heard the learned counsel for the petitioner and
the learned Government Pleader.
4. Now the petitioner is relying on Ground (d) in the
writ petition. According to the petitioner, he has got service
on leave vacancy from 1988 to 2008. Based on that leave
vacancy period service, the petitioner is entitled the benefit of
G.O.(MS) No.62/73/G.Edn dated 02.05.1973 and is entitled full
WP(C).No.12161/2018
time benefit on completion of 5 years. It is also submitted that
there is no dispute that there was 8 periods of work. This
point is not considered in Ext.P8 order while deciding the
matter. I think there is some force in the argument of the
petitioner. To facilitate the Government to reconsider the
matter, Ext.P8 can be set aside. The petitioner can be allowed
to file an additional representation raising the point raised in
Ground (d) of the writ petition and that can be directed to be
considered by the Government.
Therefore, this writ petition is disposed of in the
following manner:
1. Ext.P8 is set aside.
2. The petitioner is free to raise an additional
contention based on Ground (d) in the writ
petition before the 1st respondent by filing an
additional representation, within three weeks
from the date of receipt of a stamped certified
copy of this judgment.
3. Once such a representation along with stamped
certified copy of the judgment with a copy of the
writ petition is received, the 1 st respondent will
WP(C).No.12161/2018
consider the same and pass appropriate orders
in it, as expeditiously as possible, at any rate,
within four months from the date of receipt of
the representation.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
WP(C).No.12161/2018
APPENDIX OF WP(C) 12161/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF
THE PETITIONER DATED 01.06.1988 AND
APPROVAL THEREON.
EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER OF
THE PETITIONER DATED 01.01.1993 AND
APPROVAL THEREON.
EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER OF
THE PETITIONER DATED 03.06.1996 AND
APPROVAL THEREON.
EXHIBIT P4 TRUE COPY OF THE APPOINTMENT ORDER OF
THE PETITIONER DATED 24.02.1998 AND
APPROVAL THEREON.
EXHIBIT P5 TRUE COPY OF THE APPOINTMENT ORDER OF
THE PETITIONER DATED 28.02.2003 AND
APPROVAL THEREON.
EXHIBIT P6 TRUE COPY OF THE APPOINTMENT ORDER OF
THE PETITIONER DATED 29.05.2015 AND
APPROVAL THEREON.
EXHIBIT P7 TRUE COPY OF THE REVISION PETITION
SUBMITTED BEFORE THE GOVERNMENT DATED
26.11.2016.
EXHIBIT P8 TRUE COPY OF THE G.O.(RT)
NO.2341/2017/G.EDN. DATED 15.07.2017
OF THE GOVERNMENT.
EXHIBIT P9 TRUE COPY OF THE ORDER
NO.EDN.S2/295/2017/G.EDN. DATED
10.10.2017 OF THE GOVERNMENT.
EXHIBIT P10 TRUE COPY OF THE G.O.(MS)
NO.62/73/G.EDN. DATED 02.05.1973 OF
THE GOVERNMENT.
