Kerala High Court
Sr. Rosilo C A vs The State Of Kerala on 3 October, 2024
2024:KER:73393
WPC.No.33002/24 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 3RD DAY OF OCTOBER 2024 / 11TH ASWINA, 1946
WP(C) NO.33002 OF 2024
PETITIONERS:
1 SR.ROSILO C A.,
AGED 58 YEARS,
D/O.C.O. ANTONY, HIGH SCHOOL ASSISTANT (SS)
(RETIRED), ST.SEBASTIAN'S C G HIGH SCHOOL,
NELLIKKUNNU, THRISSUR DISTRICT- (RESIDING AT
KARUNYA CONVENT, THRIKKUR, P.O. THRIKKUR,
THRISSUR DISTRICT-680314), PIN - 680 005.
2 SR.STELLA FRANCIS P.,
AGED 59 YEARS,
D/O.P.T. FRANCIS, HEADMISTRESS (RETIRED),
ST. SEBASTIAN'S C G HIGH SCHOOL, NELLIKKUNNU,
THRISSUR DISTRICT- (RESIDING AT NIRMALA CONVENT,
CHERPPU, THRISSUR DISTRICT-680561),
PIN - 680 005.
3 SR.BETTY E.M.,
AGED 57 YEARS,
D/O.MAATHEW E.J, HEADMISTRESS (RETIRED),
ST. SEBASTIAN'S C G HIGH SCHOOL, NELLIKKUNNU,
THRISSUR DISTRICT (RESIDING AT KARUNYA CONVENT,
THRIKKUR P.O. THRIKKUR, THRISSUR DISTRICT-680
314), PIN - 680 005.
BY ADV.V.A.MUHAMMED
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY ITS PRINCIPAL SECRETARY TO
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WPC.No.33002/24 2
GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM, PIN - 695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
THRISSUR @AYYANTHOLE, PIN - 680 003.
4 THE DISTRICT EDUCATIONAL OFFICER,
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
PALACE ROAD, THRISSUR, PIN - 680 020.
5 THE CORPORATE MANAGER,
FRANCISCAN CLARIST CONGREGATION SCHOOLS, ASSISI
PROVINCIAL HOUSE, EAST FORT, THRISSUR,
PIN - 680 005.
6 THE HEADMISTRESS,
ST.SEBASTIAN'S C G HIGH SCHOOL, NELLIKKUNNU,
THRISSUR DISTRICT, PIN - 680 005.
7 THE ACCOUNTANT GENERAL (A&E) KERALA,
OFFICE OF THE ACCOUNTANT GENERAL (A&E) KERALA,
THIRUVANANTHAPURAM, PIN - 695 001.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 03.10.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WPC.No.33002/24 3
JUDGMENT
The 1st petitioner, while working as HSA in the school
managed by the 5th respondent was disbursed with the salary
pertaining to the period from 17.07.2020 to 27.12.2021
without approval of appointment for the said period. The
proceedings have been initiated in respect of the same against
the petitioners wherein the 2 nd and 3rd petitioners were the
Drawing and Disbursement Officer during the relevant time.
Ultimately, Ext.P11 order has been passed imposing liability
upon the petitioners herein in respect of the salary disbursed
to the 1st petitioner pertaining to the said period.
2. This writ petition is submitted challenging Ext.P11.
The main contention raised by the learned counsel for the
petitioners is that, Ext.P11 was passed without giving the
petitioners an opportunity of being heard. The learned
Government Pleader upon instruction submitted that, while
passing Ext.P11, the petitioners were not heard.
3. In such circumstances, I am of the view that, it is
not proper to implement Ext.P11, as the same was passed
without giving them an opportunity of being heard and
2024:KER:73393
submitting objection to the same.
In such circumstances, it is ordered that, Ext.P11 has to
be treated as a show-cause notice issued to the petitioners and
the petitioners are given an opportunity to submit their
objections to Ext.P11 before the 4th respondent, within a
period of three weeks from the date of receipt of a copy of this
judgment. Thereupon, the 4th respondent shall hear the
petitioners and take a decision in accordance with law. A
decision in this regard shall be taken within a period of two
months from the date of submission of objection as directed by
this Court. As far as the relief sought by the petitioners to
release the financial benefits are concerned, the same is not
considered by this Court in this writ petition and the
contentions relating to the same are left open.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG/3.10.24
2024:KER:73393
APPENDIX OF WP(C) 33002/2024
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE RELEVANT PAGE OF THE
SERVICE BOOK OF THE 1ST PETITIONER
(PAGE 15)
Exhibit P-2 TRUE COPY OF THE STATEMENT OF FIXATION
OF PAY OF HIGHER SECONDARY TEACHERS OF
DEPARTMENTAL/AIDED SCHOOLS/GOVERNMENT
SERVANTS ALONG WITH TYPED COPY
Exhibit P-3 TRUE COPY OF THE STATEMENT OF FIXATION
OF PAY ALONG WITH TYPED COPY OF PAGE 1
AND 2
Exhibit P-4 TRUE COPY OF THE APPOINTMENT ORDER
DATED 15.07.2015 OF THE 1ST PETITIONER
ALONG WITH TYPED COPY
Exhibit P-5 TRUE COPY OF THE ORDER NO.
B5/16777/2019 DATED 25.12.2019 OF THE
DEO, THRISSUR ALONG WITH TYPED COPY
Exhibit P-6 TRUE COPY OF THE ORDER NO.
B5/100185/2020 DATED 07.10.2020 OF THE
DEO, THRISSUR ALONG WITH TYPED COPY
Exhibit P-7 TRUE COPY OF THE PROCEEDINGS ORDER NO.
3/2020 DATED 01.07.2020 OF THE
CORPORATE MANAGER
Exhibit P-8 TRUE COPY OF THE EXPLANATION DATED
27.05.2024 OF THE HEADMISTRESS OF ST.
SEBASTIAN CGHS, NELLIKUNNU
Exhibit P-9 TRUE COPY OF THE G.O. (RT.) NO.
8097/2023/GEDN DATED 20.12.2023
Exhibit P-10 TRUE COPY OF THE LETTER NO.
H2/2399/2021/DGE DATED 20.03.2021
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Exhibit P-11 TRUE COPY OF THE ORDER NO. DEOTSR/1076/
2024/B5 DATED 31.07.2024 OF THE DEO,
THRISSUR DATED 31.7.2024 ALONG WITH
TYPED COPY OF PAGE 2
Exhibit P-12 TRUE COPY OF THE CIRCULAR NO.
32746/J1/92/G.EDN. DATED 16.07.1992
Exhibit P-13 TRUE COPY OF THE LETTER DATED
02.12.2021 OF THE 6TH RESPONDENT
ADDRESSED TO THE DEO, THRISSUR
