Kerala High Court
Mathew Jacob vs State Of Kerala on 1 August, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
THURSDAY, THE 1ST DAY OF AUGUST 2024 / 10TH SRAVANA, 1946
WP(C) NO. 10049 OF 2016
PETITIONER:
MATHEW JACOB
TEACHER, ST.ANTONY'S HIGH
SCHOOL,KOKKAMANGALAM,KOKKOTHAMANGALAM
P.O,CHERTHALA,ALAPPUZHA
BY ADVS.
SRI.S.P.ARAVINDAKSHAN PILLAY
SRI.S.A.ANAND
SMT.L.ANNAPOORNA
SRI.K.A.BALAN
SRI.PETER JOSE CHRISTO
SMT.N.SANTHA
SRI.V.VARGHESE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,SECRETARIAT,
THIRUVANANTHAPURAM,PIN 695 001.
2 DEPUTY DIRECTOR OF EDUCATION
ALAPPUZHA,PIN 688 001.
3 THE DISTRICT EDUCATIONAL OFFICER
CHERTHALA,ALAPPUZHA DISTRICT,PIN 686 524.
4 THE CORPORATE MANAGER
CORPORATE EDUCATIONAL AGENCY,DIOCESE OF ERNAKULAM AND
ANGAMALY,ERNAKULAM,PIN 682 011.
BY SR GP SRI T K VIPINDAS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01.08.2024,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C.) No. 10049 of 2016 2
2024:KER:63435
EASWARAN S., J.
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W.P.(C.) No. 10049 of 2016
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Dated this the 1st day of August, 2024
JUDGMENT
The petitioner was appointed as H.S.A. (Hindi) in St. Antony's High
School, Kokkamangalam, on 25.11.1997 and the said appointment was
approved. Later, the petitioner was appointed on 01.06.1998 and the said
appointment was also approved. The said post of H.S.A. was abolished w.e.f.
14.07.2008 due to division fall. The petitioner was thereafter accommodated as
a Lower Grade Hindi Teacher w.e.f. 15.07.2008. The petitioner aggrieved by
the denial of protection of pay, submitted a representation on 10.04.2014 as
evident from Ext. P1. By Ext. P2, the request was rejected by the Government
on the ground that the protection of pay under Rule 52 (1) of Chapter XIV A
KER will not applicable to teachers who were reappointed on a Lower Grade
and scale of pay. Reliance was placed on Circular No. 1237/J1/2012/G.Edn.
dated 18.02.2012. Aggrieved by Ext. P2, the petitioner has approached this
Court by way of the present writ petition.
2. Counter affidavit has been filed on behalf of 2nd
respondent in which it is specifically pointed out that denial of
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protection of pay of the petitioner was perfectly justified in tune
with Ext. P3 Circular and therefore no interference is required.
3. Heard Sri. V. Varghese, learned counsel appearing for
the petitioner and Sri. T.K. Vipindas, learned Senior Government
Pleader appearing for the respondents.
4. Learned counsel for the petitioner submitted that the
challenge to Ext. P3 Circular will have to be necessarily allowed
since it goes against the scheme of Rule 52 (1) of Chapter XIV A
KER. It is pointed out that the petitioner was accommodated as a
Lower Grade Hindi Teacher because of a claim under Rule 51A of
Chapter XIV KER. Learned counsel pointed out that the said
appointment was possible because of the fact that Rule 51A of
Chapter XIV KER was amended. This amendment was intended
to protect those teachers who were retrenched from service on
account of a reduction in students. It is also pointed out that
unless consequential amendments brought to Rule 52 (1) of
Chapter XIV A KER, the claim of the petitioner cannot be denied.
On the other hand, Sri. T.K. Vipindas, learned Senior Government
Pleader pointed out that the issue as to whether such teachers, who
are appointed on a Lower Grade consequent to their retrenchment
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being entitled for protection under Rule 51A, Chapter XIV-A KER
is no longer res integra, in view of the categoric pronouncement of
the Division Bench of this Court is State of Kerala vs. Asha G.
[W.A. No. 2157/2018 dated 09.01.2020] and in State of Kerala
vs. Ansa Mathew [W.P.(C.) No. 1717/2022 dated 15.12.2022].
Learned Senior Government Pleader also pointed out that a
learned Single Judge of this Court in W.P.(C.) No. 31623/2019
dated 08.01.2021 had considered Ext. P3 Circular and found that
the claim for protection of pay cannot be granted. In Baby Letha
Vs. State of Kerala [2022 (5) KLT, 267], a Division Bench of
this Court categorically held that Rule 52 (1) is intended only for
granting pay protection to retrenched teachers on reappointment
on the same cadre and same scale of pay and it does not enable a
teacher re-appointed to a lower category.
5. On consideration of the rival submissions raised
across the Bar, this Court finds that the issue raised in the writ
petition is squarely covered by the judgments of the Division
Bench in Ansa Mathew (supra), Asha G (supra) and Baby
Letha (supra). Therefore, the claim of the petitioner will have to
be necessarily rejected.
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However, the learned counsel for the petitioner pointed
out that in those cases there were no challenge to Ext. P3 Circular.
I am afraid that even if there was no challenge to Ext. P3 Circular,
this Court is necessarily bound by the law laid down by the
Division Bench. It is also now settled that in the absence of any
statutory rule governing the field, the Government can issue
administrative instructions/ circular prescribing methodology for
implementing the rules. Viewed in the perspective, the petitioner
is not entitled to any reliefs sought for in the present writ petition.
Accordingly, writ petition is dismissed.
Sd/-
EASWARAN S.
JUDGE
sjb
2024:KER:63435
APPENDIX OF WP(C) 10049/2016
PETITIONER EXHIBITS
EXHIBIT - P1 TRUE COPY OF THE REPRSENTATION DATED 10.04.2014 FILED
BY THE PETITIONER BEFORE THE GOVERNMENT.
EXHIBIT - P1(a) TRUE COPY OF THE GOVERNMENT LETTER NO.17693/R1 /93/FIN
DATED 04.05.1993.
EXHIBIT - P2 TRUE COPY OF THE GOVERNMENT LETTER NO.11112/
E1/15/G.EDN.DATED 09.09.2015.
EXHIBIT - P3 TRUE COPY OF THE CIRCULAR NO.1237/J1/2012/G.EDN. DATED
18.02.2012.
EXHIBIT - P4 TRUE COPY OF THE LETTER NO.B1/10272/14/K.DIS.DATED
18.06.2014 OF THE 2ND RESPONDENT,ADDRESSED TO THE
DISTRICT COLLECTOR,ALAPPUZHA.
EXHIBIT - P5 TRUE COPY OF THE REPRESENTATION DATED 18.06.2011
SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.
RESPONDENTS' EXHIBITS:NIL
//TRUE COPY//
P.A. TO JUDGE
