Full Judgment
WP(C) Nos.8762/2013 and conn. Cases 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945 WP(C) NO. 19398 OF 2014 PETITIONER/S: P.NABEESA HIGH SCHOOL ASSISTANT (ARABIC), HIGH SCHOOL KERALASSERY, KERALASSERY P.O, PALAKKAD-678 641. BY ADV SRI.P.M.PAREETH RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-695 001.
2 DEPUTY DIRECTOR OF EDUCATION PALAKKAD 678 001. 3 HEADMISTRESS HIGH SCHOOL KERALASSERY KERALASSERY PO, PALAKKAD-678 641. BY ADVS. GOVERNMENT PLEADER SRI.BIJOY CHANDRAN, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.02.2024, ALONG WITH WP(C).17057/2016, 21733/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) Nos.8762/2013 and conn. Cases 2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945 WP(C) NO. 17057 OF 2016 PETITIONER/S: SARASWATHY AMMA W/O.SURENDRAN PILLAI K., HEADMISTRESS, C.P.H.S.S., KUTTIKKAD, KADAKKAL, KOLLAM DISTRICT, RESIDING AT ANJALI, AYUR P.O., KOLLAM. BY ADV SRI.B.MOHANLAL RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE DEPUTY DIRECTOR EDUCATION THEVALLY P.O., KOLLAM - 691 009. 3 THE DISTRICT EDUCATIONAL OFFICER PUNALUR, PUNALUR P.O., KOLLAM - 691 001. BY ADVS. GOVERNMENT PLEADER,SRI.BIJOY CHANDRAN, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.02.2024, ALONG WITH WP(C).19398/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) Nos.8762/2013 and conn. Cases 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945 WP(C) NO. 21733 OF 2014 PETITIONER/S: 1 GEETHA S W/O. MOHANAN N., HSA (SANSKRIT), HIGH SCHOOL, ARKANNUR, AYUR, KOLLAM, RESIDING AT SURYAKANTHI, VALATHUNGAL P.O., KOLLAM DISTRICT. 2 ABDUL AZEEZ S/O. OSANARU PILLAI RAWTHER, HSA(SANSKRIT), HIGH SCHOOL, ARKANNUR, AYUR, KOLLAM, RESIDING AT N.K.HOUSE, AKKAL P.O., KARINGANNUR, KOTTARAKKARA, KOLLAM DISTRICT. BY ADV SRI.B.MOHANLAL RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.
2 THE DEPUTY DIRECTOR OF EDUCATION THEVALLY P.O., KOLLAM-691 009. 3 THE DISTRICT EDUCATIONAL OFFICER KOTTARAKKARA, KOTTARAKKARA P.O., KOLLAM-691 506. BY ADVS. GOVERNMENT PLEADER, SRI.BIJOY CHANDRAN, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.02.2024, ALONG WITH WP(C).19398/2014 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) Nos.8762/2013 and conn. Cases 4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 29TH DAY OF FEBRUARY 2024 / 10TH PHALGUNA, 1945 WP(C) NO. 8762 OF 2013 PETITIONER/S: MERCY P.L. AGED 55 YEARS W/O.GEORGE JOSEPH, H S A (SANSKRIT)C G H S VADAKKENCHERY, PALAKKAD DIST, R/A.OLLUKKARA CHITTILAPALLY KUNJAPPU SHREYAS NAGAR, P O OLLUKKARA, THRISSUR DIST BY ADVS. SRI.K.T.SHYAMKUMAR SRI.HARISH R. MENON RESPONDENT/S: 1 STATE OF KERALA REP BY THE SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001
2 THE DISTRICT EDUCATIONAL OFFICER PALAKKAD 3 THE HEADMASTER CGHS, VADAKKENCHERY, PALAKKAD DIST BY ADVS. GOVERNMENT PLEADER SRI.BIJOY CHANDRAN, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) Nos.8762/2013 and conn. Cases 5 P.V.KUNHIKRISHNAN, J --------------------------------------- W.P.(C.) Nos. 8762 of 2013, 19398, 21733 of 2014 & 17057 of 2016 -------------------------------------- Dated this the 29th day of February, 2024
JUDGMENT
These writ petitions are connected and therefore, I am disposing of these writ petitions by a common judgment.
2. Admittedly, the issue raised in these writ petitions were
considered in favour of the petitioners by a Division Bench of this Court in Ext.P1 judgment produced in W.P.(C.) No. 8762 of 2013 . Now, in a connected case, the Apex Court passed an order in Civil Appeal No. 9884/2013 and connected cases. It will be better to extract the same :
“Leave is granted in SLP (C) No.33132 of 2015. Challenging the order dated 29.05.2013 passed in Writ Appeal No. 560 of 2013 arising out of order passed in Writ Petition (C) No. 19075 of 2012, Civil Appeal No. 9884 Of 2013 has been filed. Challenging the order dated 08.04.2013 in Writ Appeal No. 539 of 2013 arising out of order passed in Writ Petition (C) No. 30328 of 2008, Civil Appeal No. 9885 of 2013 has been filed and against the order dated 24.03.2015 in Writ Appeal No.
WP(C) Nos.8762/2013 and conn. Cases 6
1980 of 2014 arising out of order passed in Writ Petition (C) No. 11846 of 2012 by the High Court of Kerala , Civil Appeal No. 7439 of 2023 [@ SLP (C) No. 33132 of 2015] has been preferred. After hearing learned senior counsel appearing for the appellant(s) and learned counsel appearing for the respondent(s), we are not inclined to entertain these appeals. During hearing, we have perused the Notification issued on 11.10.2012, which is reproduced as under :-
Order
Government are pleased to order that the first sentence of Note below Rules 5(2). Annexure 2 of the Government
Order read above, regarding service weightage is
modified as follows: "Service for the purpose of this rule means full time regular service (where protection of pay is allowed) including broken periods of service qualifying for normal increments in the scales of pay". However, already settled court cases will not be re-opened." In view of the Notification, the cases of post- amendment shall be considered and decided as per the said Notification and the impugned Judgment would not be applied as a precedent in those cases. In view of the forgoing observations, these appeals stand disposed of. All questions of law are left open. Pending interlocutory application(s), if any, is/are disposed of.”
WP(C) Nos.8762/2013 and conn. Cases 7
3. In the light of the above order, the petitioners are
entitled the benefit as directed by the Apex Court in the above order. The authority will consider whether the notification dated 11.10.2012 extracted in the Supreme Court order is applicable to the petitioners based on the date of fixation of pay. The 1 st respondent will consider the case of the petitioners in the light of the above contention, after giving an opportunity of hearing to the petitioners as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this
judgment.
4. If any of the petitioners are having any other surviving
grievance, they are free to submit a representation before the Government and the Government will consider the same also, while deciding the matter as directed above. Recovery proceedings, if any initiated against the petitioners shall be kept in abeyance till final orders are passed in these cases. Therefore, these writ petitions are disposed of. Sd/- P.V.KUNHIKRISHNAN JUDGE SKS WP(C) Nos.8762/2013 and conn. Cases 8 APPENDIX OF WP(C) 17057/2016 PETITIONER EXHIBITS P1 THE TRUE COPY OF THE ORDER NO:B4- THE D.E.O., KOTTARAKKARA TO THE PETITIONER.
P2 THE TRUE COPY OF THE ORDER
NO:B6/1527/2013/D.DIS. DAWTED 12.07.2013 ISSUED BY THE 3RD RESPONDENT. P3 THE TRUE COPY OF THE G.O.(P)NO.85/2011/FIN. DATED 26.02.2011 ISSUED BY THE GOVERNMENT. P4 THE TRUE COPY OF THE OPTION DATED 15.07.2011 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT. P5 THE TRUE COPY OF THE ORDER NO:B1/5824/2015 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER. P6 THE TRUE COPY OF THE G.O.(P)NO.145/06/FIN. DATED 25.03.2006 ISSUED BY THE GOVERNMENT. P7 THE TRUE COPY OF THE JUDGMENT IN W.A.NO:428/2012 DATED 07.03.2012 OF THIS HON'BLE COURT. P8 THE TRUE COPY OF THE G.O(P)NO.491/2012/FIN. DATED 10.09.2012 ISSUED BY THE GOVERNMENT. WP(C) Nos.8762/2013 and conn. Cases 9 APPENDIX OF WP(C) 21733/2014 PETITIONER EXHIBITS P1 : COPY OF THE GO(P)NO.85/2011/FIN. DTD.26.2.2011 ISSUED BY THE GOVERNMENT. P2 : COPY OF THE OPTION SUBMITTED BY THE 1ST PETITIONER BEFORE THE 3RD RESPONDENT. P2(A): COPY OF THE OPTION SUBMITTED BY THE 2ND PETITIONER BEFORE THE 3RD RESPONDENT.
P3 : COPY OF THE NOTICE NO.OA2(4)/15741/13 DTD.1.14 ISSUED BY THE 2ND RESPONDENT TO TEH HEADMASTER, H.S.ARKANNOOR OF THE PETITIONERS SCHOOL.
P4 : COPY OF THE GO(P)NO.145/06/FIN. DTD.25.3.2006 ISSUED BY THE GOVERNMENT. P5 : COPY OF THE JUDGMENT IN WPC NO.17912/2010 DTD.10.10.2011 OF THIS HON'BLE COURT. P6 : COPY OF THE JUDGMENT IN WA NO.428/2012 DTD.7.3.2012 OF THIS HON'BLE COURT. P7 : COPY OF THE GO(P)NO.491/2012/FIN. DTD.10.9.2012 ISSUED BY THE GOVERNMENT. P8 : COPY OF THE OBJECTION FILED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT.
P9 : COPY OF THE ORDER NO.OA-II(4) 15741/13 DTD.23.6.2014 ISSUED BY THE 2ND RESPONDENT TO THE HEADMASTER OF THE PETITIONERS SCHOOL. P10: COPY OF THE GO(RT)NO.1554/2014 DTD.8.4.2014 ISSUED BY THE GOVERNMENT. P11: COPY OF THE ORDER NO.OA-11(5)12786/13 DTD.30.6.2014 ISSUED BY THE 2ND RESPONDENT TO THE HEADMASTER OF THE PETITIONERS SCHOOL. WP(C) Nos.8762/2013 and conn. Cases 10 APPENDIX OF WP(C) 19398/2014 PETITIONER ANNEXURES EXT.P1 - A TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE GO(P)NO.145/2006 DATED 25-3- 2006 TOGETHER WITH ANNEXURE 2.
EXT.P2 - A TRUE PHOTOCOPY OF THE PAY FIXATION STATEMENT DATED 18-07-2008 RESPECT OF THE PETITIONER EXT.P3 - A TRUE PHOTOCOPY OF THE RELEVANT PORTION OF THE RULES OF FIXATION OF PAY EXT.P4 - A TRUE PHOTOCOPY OF THE PAY FIXATION STATEMENT DATED 17-6-2011 IN RESPECT OF 2009 PAY REVISION. EXT.P5 - A TRUE PHOTOCOPY OF THE RELEVANT EXTRACT OF THE AUDIT OBJECTION DATED 06-09- 2013 ISSUED BY THE 2ND RESPONDENT.
EXT.P6- A TRUE PHOTOCOPY OF THE JUDGMENT
DATED 10-10-2011 IN WPC.NO.17912/2010
EXT.P7 - A TRUE PHOTOCOPY OF THE JUDGMENT
DATED 07-03-2012 IN WA NO.428/2012 EXT.P8 - A TRUE PHOTOCOPY OF THE G.O.P.NO.560/12 DATED 11-10-12 EXT.P9 - A TRUE PHOTOCOPY OF THE LETTER DATED 21-7-2014 WP(C) Nos.8762/2013 and conn. Cases 11 APPENDIX OF WP(C) 8762/2013 PETITIONER EXHIBITS EXT.P1:-TRUE COPY OF THE JUDGMENT IN WA NO EXT.P2:-TRUE COPY OF THE LETTER DTD NIL SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT