Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 5TH DAY OF APRIL 2023 / 15TH CHAITHRA, 1945 WP(C) NO. 20653 OF 2022 PETITIONER/S: DEVADAS SUKUMARAN,AGED 52 YEARS S/O. SUKUMARAN, LAB ASSISTANT (UNDER SUSPENSION) BASEL EVANGELICAL MISSION PARSI HIGHER SECONDARY SCHOOL, THALASSERY, KANNUR DISTRICT, RESIDING NEAR CSI CHURCH, MADAYI, KANNUR DISTRICT- 670304. BY ADVS.T.MADHU C.R.SARADAMANI(S-891) SHAHID AZEEZ RESHMA SANTHOSH RENJISH S. MENON RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT , GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM- 695 001. 2 THE DIRECTOR OF GENERAL EDUCATION, OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM- 695 014. 3 THE REGIONAL DEPUTY DIRECTOR, OFFICE OF THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY SECTION, PAYYAMBALAM KANNUR 670 003. 4 THE BASEL EVANGELICAL MISSION PARSI HIGHER SECONDARY SCHOOL, THALASSERY, REPRESENTED BY ITS CORPORATE MANAGER, OFFICE OF THE CSI CORPORATE MANAGER, BANK ROAD, KOZHIKODE 673 001. 5 THE PRINCIPAL, BASEL EVANGELICAL MISSION PARSI HIGHER SECONDARY SCHOOL, THALASSERY, KANNUR DISTRICT 670 101. BY ADVS.V.A.MUHAMMED M.SAJJAD
OTHER PRESENT: SMT.NISHA BOSE, SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2-
P.V.KUNHIKRISHNAN, J.
====================================================== W.P.(C) No. 20653 of 2022 ============================================================= Dated this the 5th day of April, 2023
JUDGMENT
The above writ petition is filed with following prayers: “(i) Issue a writ of mandamus or any other appropriate writ, direction or order directing the fourth respondent to reinstate the petitioner in service forthwith in compliance of the Exhibit P3 order passed by the third respondent, so as to secure the ends of justice.
(ii) Issue a writ of mandamus or any other appropriate
writ direction or order directing the third respondent to sanction and disburse the salary of the petitioner by treating that in view of Exhibit P3 order of the third respondent the petitioner is on duty as contemplated under Chapter XIV-A Rule 67(8) of the KER as expeditiously as possible and within a time frame to be fixed by this Honourable Court, so as to secure the ends of justice.
(iii) Such other relief’s as this Hon’ble Court may deem fit and proper in the circumstances of the case.” (sic)
2. The petitioner is working as Lab Assistant at the 4th
respondent school. The petitioner was placed under suspension as per Ext.P1 order on 07.03.2022 by the 4th respondent. By 3- Ext.P2, the name of the petitioner, which is mistakenly shown as Devadas Madayi instead of Devadas Sukumaran in Ext.P1 was corrected by the 4th respondent. The 3rd respondent by Ext.P3 refused to approve Ext.P1 order of suspension passed by the 4 th respondent and directed the 4th respondent to reinstate the petitioner in service forthwith. The submission of the petitioner is that Ext.P3 order passed by the 3 rd respondent is not interfered by any authority and therefore, the 4 th respondent is bound to
reinstate the petitioner in service in compliance of Ext.P3 order
passed by the 3rd respondent.
3. Heard the counsel for the petitioner, the counsel for the 4th respondent and also the Government Pleader.
4. The counsel for the petitioner reiterated the
contentions raised in this writ petition. The counsel appearing for the 4th respondent submitted that the 4th respondent filed a revision against Ext.P3 order as evident by Ext.R4(b). But it is 4- conceded by the counsel that no interim order staying Ext.P3 is passed by the revisional authoirty. If that be so, the 4th respondent is bound to implement Ext.P3 order forthwith. Ext.P3 is dated 23.04.2022. One year elapsed after the issuance of Ext.P3 order. Therefore, it is to be deemed that the petitioner is in service from that date onwards as per Rule 67(8) of Chapter XIV A KER. The educational authority shall disburse the salary from 23.04.2022 to the petitioner and the educational authority is free to recover the same from the manager as long as Ext.P3 is in force, in accordance with law. Therefore, this writ petition is disposed of in the following manner:
1. The 4th respondent shall reinstate the petitioner in the light of Ext.P3 order forthwith, at any rate within one week from the date of receipt of a stamped certified copy of this judgment. 5-
2. The 2nd and 3rd respondents shall disburse the salary to the petitioner from 23.04.2022 treating that the petitioner is in service from that period in the light of Rule 67(8) of Chapter XIV A KER.
3. The educational authority is free to recover the salary paid to the petitioner from the 4th respondent, in accordance with law, if Ext.P3 is not varied or modified by any other authority.
sd/- P.V.KUNHIKRISHNAN JUDGE das 6- APPENDIX OF WP(C) 20653/2022 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE PROCEEDINGS DATED 7.3.2022 OF THE FOURTH RESPONDENT. Exhibit P2 THE TRUE COPY OF THE PROCEEDINGS DATED 16.03.2022 OF THE FOURTH RESPONDENT. Exhibit P3 THE TRUE COPY OF THE ORDER DATED 23.04.2022 ISSUED BY THE THIRD RESPONDENT. Exhibit P4 THE TRUE COPY OF THE MEMO OF CHARGES DATED 8.6.2022 ISSUED BY THE FOURTH RESPONDENT.
Exhibit P5 THE TRUE COPY OF THE INTERIM ORDER
DATED 15.6.2009 IN W.P.C NO. 14984/2009 OF THIS HON'BLE COURT. Exhibit P6 TRUE COPY OF THE COMMON JUDGMENT DATED 12.08.2009 IN W.P.C NO. 14984/2009 AND W.P.C 22428/2009 ON THE FILES OF THIS HON'BLE COURT. Exhibit P7 THE TRUE COPY OF THE JUDGMENT DATED 8.2.2019 IN W.P.C NO. 9369/2010 ON THE FILES OF THIS HON'BLE COURT. Exhibit P8 THE TRUE COPY OF THE JUDGMENT DATED 10.10.2019 IN W.P.C NO. 7018/2012 ON THE FILES OF THIS HON'BLE COURT. RESPONDENT EXHIBITS Exhibit R4A TRUE COPY OF THE COMPLAINT FILED BY THE BISHOP DATED 4.10.2021 Exhibit R4B TRUE COPY OF THE REVISION PETITION FILED BEFORE THE PRINCIPAL SECRETARY TO GOVERNMENT DATED 1.6.2022.