Kerala High Court
M. Muhammed Shakkir vs State Of Kerala on 22 June, 2023
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 22ND DAY OF JUNE 2023 / 1ST ASHADHA, 1945
WP(C) NO. 9170 OF 2023
PETITIONER/S:
M. MUHAMMED SHAKKIR,
AGED 41 YEARS
SON OF MUHAMMED SALI, UPPER PRIMARY SCHOOL ASSISTANT, SCV BOYS HS,
CHIRAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT (RESIDING AT SALAMATH
MANZIL, KANNYAKULANGARA, VEMBAYAM P O, THIRUVANANTHAPURAM DISTRICT
- 695 615), PIN - 695304
BY ADVS.
M.SAJJAD
V.A.MUHAMMED
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION
DEPARTMENT, SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
3 THE DEPUTY DIRECTOR OF EDUCATION,
THIRUVANANTHAPURAM, PIN - 695036
4 THE DISTRICT EDUCATIONAL OFFICER,
ATTINGAL, THIRUVANANTHAPURAM DISTRICT, PIN - 695101
5 THE MANAGER,
NOBLE GROUPS OF SCHOOLS, CHIRAYINKEEZHU, THIRUVANANTHAPURAM
DISTRICT, PIN - 695304
6 THE HEADMASTER,
SCV BOYS HS, CHIRAYINKEEZHU, THIRUVANANTHAPURAM DISTRICT, PIN -
695304
OTHER PRESENT:
Surya Binoy - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.06.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 9170 of 2023
..2..
P.V.KUNHIKRISHNAN J.
=====================
W.P.(C) No. 9170 of 2023
========================
Dated this the 22nd day of June, 2023
J U D G M E N T
The above Writ Petition is filed with the following prayers:-
"(i) issue a writ of mandamus or other appropriate writ order or direction directing the 4th Respondent to disburse the salary of the Petitioner w.e.f 03.06.2013 onwards with 12% penal interest. Per annum since the due date and forthwith.
(ii) issue a writ of mandamus or other appropriate writ order or direction directing the 4th Respondent to declare the probation of the Petitioner w.e.f 01.06.2012 onwards and thereby sanction and disburse his due increment, higher grade pay revision benefits etc. Pending finalization of the Writ Petition.W.P.(C) No. 9170 of 2023
..3..
(iii) to dispense with filing of English translation of vernacular documents produced in the Writ Petition.
(iv) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case."[SIC]
2. The petitioner has got approval as UPSA with effect from 01.06.2011 to 31.05.2013 against the leave vacancy is the submission. Later, vide Ext.P3, the Educational Officer granted approval to the petitioner as UPSA with effect from 03.06.2013 onwards against a permanent post. However, the salary has not been disbursed is the submission. So the manager has not declared the probation of the petitioner though it is liable to be declared from 01.06.2012 reckoning his service in the leave vacancy is the submission. Hence seeking declaration of probation, the petitioner moved the Assistant Educational Officer. The same is not considered is the grievance. Hence this Writ Petition. W.P.(C) No. 9170 of 2023
..4..
3. Heard the learned counsel appearing for the petitioner and the Government Pleader.
4. Today, when the matter came up for consideration, the learned counsel appearing for the petitioner submitted that the probation of the petitioner is already declared. What remains is only the disbursement of arrears of salary which is credited to the PF Account. This court as per Ext.P11 judgment observed that the arrears of salary cannot be credited to the PF Account and the same should be disbursed to the petitioner because that is an amount which the petitioner is entitled by cash. I think in the light of Ext.P11 judgment, the arrears of salary credited to the PF Account should be disbursed to the petitioner.
5. The Government Pleader raised some doubts about the submission of the petitioner that the amount is not credited to the PF Account of the petitioner. I make it clear that the amount needs to be disbursed to the petitioner from the PF Account, only if it is credited to the PF Account. If the amount W.P.(C) No. 9170 of 2023 ..5..
is not credited to the PF Account, the same should be disbursed to the petitioner expeditiously. Therefore, this Writ Petition is disposed of with the following directions:-
i. The respondents 4 and 7 will take necessary steps to disburse the salary arrears, if any, credited in the PF Account of the petitioner as expeditiously as possible at any rate within three months from the date of receipt of a certified copy of this judgment.
ii. If the amount is not credited to the PF Account of the petitioner, respondents 4, 6 and 7 will take necessary steps to disburse the arrears of salary to the petitioner as expeditiously as possible at any rate within four months from the date of receipt of a certified copy of this judgment.
Sd/-
P.V.KUNHIKRISHNAN JUDGE RMV W.P.(C) No. 9170 of 2023 ..6..
APPENDIX OF WP(C) 9170/2023 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE ORDER NO. B2/116/2020/DEO/D.DIS DATED 09.06.2020 OF THE DEO, ATTINGAL Exhibit P-2 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 03.06.2013 Exhibit P-3 TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT EDUCATIONAL OFFICER, ATTINGAL VIDE ORDER NO. B6/917/2021/DEO/D.DIS DATED 12.03.2021 Exhibit P-4 TRUE COPY OF THE GO(RT) NO. 5789/2014/G.EDN DATED 31.12.2014 Exhibit P-5 TRUE COPY OF THE GO(RT) NO. 1785/2019/G.EDN DATED 18.05.2019 Exhibit P-6 TRUE COPY OF THE GOVERNMENT LETTER NO.68048/J2/2000/G.EDN DATED 17.01.2001 ALONG WITH THE TYPED COPY Exhibit P-7 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE MANGER DATED 22.12.2022 Exhibit P-8 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE DEO DATED 02.03.2023 Exhibit P-9 TRUE COPY OF THE FORWARDING LETTER NO. 73/2023-24 DATED 10.03.2023 Exhibit P-10 TRUE COPY OF THE GO(RT) NO.1045/2022/G.EDN DATED 23.02.2022 Exhibit P-11 TRUE COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN WP(C) NO. 17115/2022 DATED 05.01.2023 Exhibit P-12 TRUE COPY OF THE LETTER ISSUED BY THE MANAGER TO THE HEADMISTRESS (SCV BOYS HS, CHIRAYINKEEZHU) DATED 17.05.2023 RESPONDENTS' EXHIBITS:NIL TRUE COPY P.A.TO JUDGE