Rajesh T.J vs State Of Kerala
2023 Latest Caselaw 12529 Ker

Kerala High Court

Rajesh T.J vs State Of Kerala on 22 November, 2023

Author: T.R.Ravi

Bench: T.R.Ravi

WP(C) No.23528/2020                      1/4

                      IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                      PRESENT
                        THE HONOURABLE MR. JUSTICE T.R.RAVI
          Wednesday, the 22nd day of November 2023 / 1st Agrahayana, 1945
                      IA.NO.1/2023 IN WP(C) NO. 23528 OF 2020
   APPLICANT/PETITIONER:

          RAJESH T.J., S/O. JANARDHANAN, HIGH SCHOOL ASSISTANT (HINDI),
          CHERURAL HIGHER SECONDARY SCHOOL, KURUMBATHUR, THIRUNAVAYA,
          MALAPPURAM DISTRICT-676 301.

   RESPONDENTS/RESPONDENTS:

      1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL
         EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
         THIRUVANANTHAPURAM-695001.
      2. THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM
         -695014.
      3. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM-676519.
      4. THE DISTRICT EDUCATIONAL OFFICER, TIRUR-676102.
      5. THE MANAGER, CHERURAL HIGHER SECONDARY SCHOOL, KURUMBATHUR,
         THIRUNAVAYA, MALAPPURAM DISTRICT-676301.


        Application praying that in the circumstances stated in the
   affidavit filed therewith the High Court be pleased to direct the
   respondents to grant annual increments from 2011 onwards as also
   implementation of two pay revision orders and also sanctioning of two
   higher grades due to the petitioner, pending disposal of the Writ
   Petition.


        This Application again coming on for orders upon perusing the
   application and the affidavit filed in support thereof, and this Court's
   order dated 18.11.2023 and upon hearing the arguments of SRI. GEORGE
   ABRAHAM, Advocate for the petitioner in I.A./WP(C), GOVERNMENT PLEADER for
   R1 to R4 in I.A./WP(C) and of M/s. V.A.MUHAMMED and M.SAJJAD, Advocates
   for R5 in I.A./WP(C), the court passed the following:




                                                                 p.t.o
 WP(C) No.23528/2020                          2/4




                                         T.R.RAVI, J.
                          ---------------------------------------------
                                W.P(C).No.23528 of 2020
                      ------------------------------------------------------
                      Dated this the 22nd day of November, 2023.

                                        ORDER

The prayer in the application is for a direction to

the respondents to grant the annual increments from 2011

onwards and also the implementation of two pay revision

orders and sanctioning of two higher grades due to the

petitioner. The petitioner was placed under suspension and

the disciplinary action culminated in imposing barring of

two increments permanently. Later, the Government passed

orders whereby the cumulative effect was taken away. It is

also stated that the Magistrate's Court has by Ext.P5

acquitted the petitioner. The petitioner hence seeks

exoneration of charges in the writ petition. The petitioner

submits that from 2011 onwards citing the pendency of the

proceedings he is not given the service benefits which are

due to him.

In the above circumstances, there will be a

direction to the respondents to consider the claim of the

petitioner for the annual increments from 2011 onwards and

the fixation of pay in accordance with the two pay revision

orders and the higher grades which are stated to be due to

him and if the petitioner is found eligible, the amounts shall

be paid to him at the earliest. The petitioner may approach

the HM for giving effect to the above directions by raising

necessary bills.

H/o

Sd/-

T.R.RAVI JUDGE LEK

22-11-2023 /True Copy/ Assistant Registrar

APPENDIX OF WP(C) 23528/2020

EXHIBIT P5 TRUE COPY OF JUDGMENT IN CC NO.1105/2011 DATED 30/12/2017.

22-11-2023 /True Copy/ Assistant Registrar