Kerala High Court
C.V.Mohamad vs State Of Kerala on 7 December, 2020
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 07TH DAY OF DECEMBER 2020 / 16TH AGRAHAYANA, 1942
WP(C).No.18660 OF 2020(F)
PETITIONER:
C.V.MOHAMAD
S/O. AHAMMED UNNI, CHEREYATH VALAPPIL HOUSE,
ERAVAKKAD P.O., KUMARANALLUR (VIA), PALAKKAD DISTRICT
BY ADV. DR.GEORGE ABRAHAM
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT,
THIRUVANANTHAPURAM-695 001
2 DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695 014
3 REGIONAL DEPUTY DIRECTOR,
MALAPPURAM-676 505
R1-3 BY GOVERNMENT PLEADER
SRI. UNNIKRISHNA KAIMAL - SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.18660 OF 2020 2
JUDGMENT
The petitioner is stated to have retired as a Higher Secondary School Teacher (HSST for short) from the Services of the Dr.K.B.Menon Memorial Higher Secondary School, Thrithala, Palakkad and he has approached this Court impugning Ext.P4, to the extent to which he says his pension quantification has been done incorrectly; thus seeking a resultant direction to respondents 1 to 3 to revise his terminal benefits, taking into account that he had retired from service as an HSST in Arabic.
2. However, in response to the submissions of the petitioner made by his learned counsel Dr.George Abraham, the learned Government Pleader Shri.Unnikrishna Kaimal, submitted that a counter affidavit has been filed on behalf of the 3rd respondent wherein the following have been stated:
WP(C).No.18660 OF 2020 3
3. It is submitted that there is no sufficient student strength in Arabic language to sustain the post as HSST Arabic from 2014-15 academic year onwards and consequently the HSST Arabic post was downgraded as HSST (Jr) Arabic. A true copy of the staff fixation order of 2014-15 is produced herewith and marked as Exhibit R3(a).
4. The petitioner submitted a declaration that the manager has filed an appeal against the staff fixation order before the Director, Higher Secondary Education, and it is allowed he will be eligible to draw the scale of pay of HSST post and declared that in any course if it is found that he is not eligible for the HSST post he will refund the additional monetary benefits. Based on the declaration he has been allowed to draw the scale of pay of HSST Arabic Post.
5. Later, as per Government order No. G.O. 14/2019/G.Edn dated 06.12.2019, HSST (Jr) Arabic Post of that school has been upgraded to HSST Arabic post, which has effect only from 2019-20 academic year. True copy of GO(MS) 14/2019/G.Edn dated 06.12.2019 is produced herewith and marked as Exhibit R3(b).
6. It is submitted that the pension proposal of the petitioner has been received by this office on 18.01.2019 in which petitioner was designated as HSST. But, it is not possible to sanction the pensionary benefits as HSST, since the post is actually downgraded as HSST(Jr) as per the staff fixation order. This office directed the petitioner to submit revised pension proposal as HSST(Jr), and the same was submitted and processed. The Accountant General authorized the above pensionary benefits.
7. It is also submitted that if the appeal filed by the manager is allowed and the post is considered as HSST by the Director of Higher Secondary Education, the petitioner will get pensionary benefits as HSST post. But the appeal is now pending and no final decision is taken in it.
3. The learned Government Pleader thus submits that it is only after the Appeal filed by the Manager is finally disposed of, WP(C).No.18660 OF 2020 4 can there be any revision of the pensionary benefits of the petitioner; and prays that this writ petition be dismissed.
4. The afore narration of facts clearly show that the petitioner has been denied his pension reckoning his service in the post of HSST Arabic, solely saying that there was no sufficient staff strength in the School, for the Academic Year 2014-2015, to sustain the post of HSST Arabic. However, the fact also remains that the Manager of the School has filed an Appeal and that the same is still pending.
5. Obviously, therefore, it will not be permissible to keep the above mentioned Appeal pending for ever and the competent Authority should dispose of the same without any further delay, so that the petitioner can then obtain his correct pensionary benefits.
Resultantly, I order this writ petition WP(C).No.18660 OF 2020 5 and direct the 2nd respondent - Director of General Education to take up the Appeal filed by the Manager of the afore mentioned School, with respect to the staff fixation for the Academic Year 2014-15, and dispose of the same after affording an opportunity of being heard to the petitioner, as also the Manager of the School - either physically or through video conferencing - thus leading to an appropriate order thereon, as expeditiously as is possible, but not later than two months from the date of receipt of a copy of this judgment.
Needless to say, depending upon the decision to be taken in the statutory Appeal and if the petitioner is found entitled to be appointed as an HSST Arabic as claimed by him, then all necessary and consequential orders with respect to the quantification of his pensionary benefits, shall be made by the competent Educational Authorities without any further delay, but not later WP(C).No.18660 OF 2020 6 than one month after the order is issued by the Director of General Educations in terms of these directions.
Sd/-
DEVAN RAMACHANDRAN JUDGE MC/7.12.2020 WP(C).No.18660 OF 2020 7 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE REGIONAL DEPUTY DIRECTOR,ERNAKULAM DTD 6/12/2011 EXHIBIT P2 TRUE COPY OF THE ORDER NO.E/152/2014/RDD/HSE/MLPM DATED 3.6.2015, ISSUED BY THE REGIONAL DEPUTY DIRECTOR, MALAPPURAM EXHIBIT P3 TRUE COPY OF THE PROPOSALS SUBMITTED BY THE PRINCIPAL AS ON 12.12.2018 MUCH PRIOR TO THE RETIREMENT OF THE PETITIONER EXHIBIT P4 TRUE COPY OF ORDER OF SANCTI0NING THE TERMINAL BENEFITS TO THE PETITIONER DATED 18.8.2020 BY THE INDIAN AUDIT AND ACCOUNTS DEPARTMENT EXHIBIT P5 TRUE COPY OF THE PROPOSAL DTD 2.3.2020 SUBMITTED BY THE PETITIONER ON THE BASIS OF THE COMPULSION BY THE REGIONAL DEPUTY DIRECTOR RESPONDENT'S/S EXHIBITS:
EXHIBIT R3(A) TRUE COPY OF THE STAFF FIXATION ORDER 2014-15 EXHIBIT R3(B) TRUE COPY OF GO(MS) 14/2019/G.EDN DATED 6.12.2019 MC (TRUE COPY) PA TO JUDGE