Kerala High Court
Arjun Mohanan. C.P vs State Of Kerala on 5 April, 2024
WPC.Nos.26757/23 & 38319/23 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 26757 OF 2023
PETITIONER/S:
ARJUN MOHANAN.C.P,
AGED 22 YEARS,
S/O.MOHANAN.C.P, L.P.S.A, AIDED L.P. SCHOOL,
THRIKKANAPURAM P.O., (VIA) EDAPPAL, MALAPPURAM
DISTRICT, PIN - 679 582.
BY ADVS.GEORGE ABRAHAM
JOBY D JOSEPH
MARY CATHERINE PRIYANKA P.S.
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM, PIN - 695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
MALAPPURAM DISTRICT, PIN - 676 505.
4 THE ASSISTANT EDUCATIONAL OFFICER,
EDAPPAL, MALAPPURAM DISTRICT, PIN - 679 576.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WPC.Nos.26757/23 & 38319/23 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 38319 OF 2023
PETITIONER:
SARITHA.K.,
AGED 36 YEARS,
W/O.RAMIL, HSA (ENGLISH) KAMPIL MOPLA HIGHER
SECONDARY SCHOOL, KOLACHERY, KANNUR DISTRICT
(RESIDING AT SAROVARAM, POST CHOWA, KANNOTHUMCHAL,
KANNUR - 670 006, PIN - 670 601.
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS PRINCIPAL SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
SECRETARIAT ANNEXE - II, THIRUVANANTHAPURAM,
PIN - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM, PIN - 695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
KANNUR, PIN - 670 002.
4 THE DISTRICT EDUCATIONAL OFFICER,
TALIPARAMABA, KANNUR DISTRICT, PIN - 670 141.
5 THE MANAGER,
KAMPIL MOPLA HIGHER SECONDARY SCHOOL, KOLACHERY,
WPC.Nos.26757/23 & 38319/23 3
KANNUR DISTRICT, PIN - 670 601.
6 THE PRINCIPAL,
KAMPIL MOPLA HIGHER SECONDARY SCHOOL, KOLACHERY,
KANNUR DISTRICT, PIN - 670 601.
ADDL.R7. THE PRINCIPAL SECRETARY OF FINANCE,
FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001 (ADDL.R7 IS
IMPLEADED SUO MOTU AS PER ORDER DATED 05-01-2024
IN WPC 38319/2023)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.04.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WPC.Nos.26757/23 & 38319/23 4
JUDGMENT
Issue involved in these cases are with respect to the
disbursement of arrears of salary in respect of the posts in which
the petitioners are working. Government proposes to deposit the
arrears of salary in the Provident Fund Account of the employees
on the basis of a general decision taken in this regard. However,
grievance of the petitioners is that, since the approval of
appointment of the petitioners were provisional in nature, they
are unable to open the Provident Fund Account and therefore,
their legitimate rights to get the salary is curtailed. This writ
petition is submitted in such circumstances.
2. Today when the matter came up for consideration, the
learned Government Pleader placed on record, Order No.GE-
JR1/562/2023-G.EDN dated 03.04.2024 issued by the Principal
Secretary to the Department, wherein it is mentioned that, the
necessary provision has been made to enable the persons whose
appointments are provisionally approved, to open Provident Fund
Account. It is also mentioned therein that, upon opening such
account, arrears of salary will be deposited in the said accounts.
Now in the light of the order referred to above, the impediment in
opening Provident Fund Account for the petitioners is not in
existence.
3. In such circumstances, it is ordered that, the
respondents shall ensure that, the Provident Fund Accounts in the
name of the petitioners are opened within a period of one month
from the date of receipt of a copy of this judgment and upon such
opening of the Accounts, the arrears of salary shall be deposited
in that accounts within a period of one month from the date of
opening of such Account.
It is further clarified that, the disposal of this writ petition is
without prejudice to the right of the petitioners to challenge the
order of Government referred to above, and the right to claim
interest on the arrears of salary.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG/5.4.24
APPENDIX OF WP(C) 26757/2023
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE APPOINTMENT ORDER
DATED 1/11/2021 ISSUED BY THE MANAGER IN
FAVOUR OF THE PETITIONER
Exhibit P2 A TRUE COPY OF THE PROCEEDINGS NO.
K.DIS.F/43400/2023 DATED 29/5/2023 OF THE
ASSISTANT EDUCATIONAL OFFICER, EDAPAL
Exhibit P3 A TRUE COPY OF THE CIRCULAR NO.
07/2021/FIN. DATED 27/1/2021 ISSUED BY
THE GOVERNMENT OF KERALA FINANCE
DEPARTMENT
Exhibit P4 A TRUE COPY OF THE COMMUNICATION
NO.F/2116/2023 DATED 25/7/2023 ISSUED BY
THE ASSISTANT EDUCATIONAL OFFICER EDAPPAL
APPENDIX OF WP(C) 38319/2023
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER DATED 06.06.2019
Exhibit P-2 TRUE COPY OF THE ORDER NO. A6/8809/2019
DATED 06.12.2021 OF RDDHSE, KANNUR
Exhibit P-3 TRUE COPY OF ORDER NO. EM4/231723/2020
DATED 28.06.2022 OF 2ND RESPONDENT
Exhibit P-4 TRUE COPY OF THE ORDER NO. B3/109696/2020
DATED 15.10.2022 OF THE DISTRICT
EDUCATIONAL OFFICER, THALIPARAMBA
Exhibit P-4(a) TRUE COPY OF THE ORDER NO. B3/45788/2023
DATED 06.07.2023 OF DISTRICT EDUCATIONAL
OFFICER, THALIPARAMBA
Exhibit P-5 TRUE COPY OF THE CIRCULAR NO.
JR1/502/2023 DATED 01.11.2023
Exhibit P-6 TRUE COPY OF THE ENDORSEMENT OF THE
DIRECTOR NO. DGE/15133/2023-H2 DATED
01.11.2023
Exhibit P-7 TRUE COPY OF THE ORDER NO. B3/55479/2023
DATED 08.11.2023 OF DEO, THALIPRAMBA
Exhibit P-8 TRUE COPY OF CIRCULAR NO. 07/2021/FIN
DATED 27.01.2021
Exhibit P-9 TRUE COPY OF THE APPOINTMENT ORDER OF
SMT.SAJITHA.T DATED 06.06.2019
Exhibit P-9(a) TRUE COPY OF THE APPOINTMENT ORDER OF
SRI.AFSAL P.M DATED 06.06.2019
Exhibit P-10 TRUE COPY OF THE LETTER SUBMITTED BY THE
MANAGER BEFORE THE SUB REGIONAL
EMPLOYMENT OFFICER DATED 12.06.2023
