Rajeevan K., vs State of Kerala,

Type Court Judgment Court Kerala Decided Feb 07, 2023

~4 min read

https://sooperkanoon.com/case/1405042

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1405042
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Feb 07, 2023
Case Number: WP(C)/39200/2022

Parties & Advocates

Appellant / Petitioner

Rajeevan K.,

Respondent

State of Kerala,

Excerpt

.....petitioner also prays that this hon'ble court may be pleased to dispense with the english translation of the documents produced in the vernacular language.(iii) such other reliefs as deem fit and proper by this hon'ble court in the facts and circumstances of the case.”[sic]2. when this writ petition came up forconsideration, the counsel appearing for the petitioner submitted that the petitioner retired from service on 31.05.2022 and he has not received any pensionary benefits, arrears of salary, pay revision etc. the learned government pleader after getting instructions submitted that, necessary orders were issued by the 2nd respondent to disburse eligible amount to the petitioner. the counsel appearing for the 3rd respondent submitted that there was some technical error in the spark and the 3rd respondent now submitted the proposal as evident by ext.r3(a) on 29.12.2022. if that is the case, there can be a direction to the 2nd respondent to pass final orders in ext.r3(a) and disburse the eligible amount to the petitioner within a time frame. therefore, this writ petition is disposed of in the following manner: i. there will be a direction to the 2nd respondent to consider ext.r3(a) and pass appropriate orders in it and disburse the eligible amount to the petitioner, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of thisjudgment.ii. petitioner will produce a copy of the writ petition along with a certified copy of thisjudgment before the 2nd respondent forcompliance. sd/- p.v.kunhikrishnan dm judge appendix of wp(c) 39200/2022 petitioner exhibitsexhibit p1 true copy of the appointment orderdated 5.3.2012 of the petitioner issued by the manager of the 3rd respondent. school.exhibit p2 true copy of the order dated 23.6.2014 issued by the 2nd exhibit p3 true copy of the order dated .....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 7TH DAY OF FEBRUARY 2023 / 18TH MAGHA, 1944 PETITIONER: RAJEEVAN K., AGED 56 YEARS S/O. PADMANABHAN ADIYODI, RESIDING AT KALAMULLATHIL HOUSE, KODENCHERI, PURAMERI P.O., KOZHIKODE - 673503. (RETIRED PRINCIPAL, KADATHANAD RAJAS HIGHER SECONDARY SCHOOL, (KRHSS)., PURAMERI, VATAKARA, KOZHIKODE). BY ADVS. C.P.PEETHAMBARAN KARTHIKA PEETHAMBARAN RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HIGHER SECONDARY EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, KOZHIKODE, OFFICE OF THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, KALLAI P.O., KOZHIKODE, PIN: 673003. 3 THE PRINCIPAL, KADATHANAD RAJAS HIGHER SECONDARY SCHOOL, (KRHSS), PURAMERI, VATAKARA, KOZHIKODE, PIN : 673503. 4 THE ACCOUNTANT GENERAL OF KERALA, OFFICE OF THE ACCOUNTANT GENERAL OF KERALA, AG'S OFFICE COMPLEX, PALAYAM, THIRUVANANTHAPURAM-695001. BY ADVS. SRI.K.MOHANAKANNAN - R3 SRI.H.PRAVEEN (KOTTARAKARA) SRI. K.M.FAISAL, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
------------------------------ W.P.(C)No. 39200 of 2022 ---------------------------------------------- Dated this the 07th day of February, 2023

JUDGMENT

The above writ petition is filed with the following prayers:

“(i) issue a Writ of Mandamus or any other appropriate Writ, Order or Direction, directing the respondents to take necessary steps to disburse the arrears of salary from 5.3.2012 to 31.7.2012, from January 2013 to June 2014, from February 2021 to May 2022 in the pay scale of Higher Secondary School Teacher, the balance salary from 23.6.2014 to 31.1.2021, at the pay scale of Higher Secondary School Teacher after deducting the salary paid in the Lower Pay Scale of UPSA, Pay Revision Benefits of 2014 and 2019, retiral benefits including DCRG, Provident Fund, Commutation of Pension, Leave Surrender etc and pension and arrears of pension till date and the benefits accrued from the post of Principal, if any, to the petitioner, within a time frame fixed by this Hon'ble Court.

(ii) Petitioner also prays that this Hon'ble Court may be pleased to dispense with the English translation of the documents produced in the Vernacular Language.

(iii) Such other reliefs as deem fit and proper by this Hon'ble Court in the facts and circumstances of the case.”[SIC]

2. When this writ petition came up for

consideration, the counsel appearing for the petitioner submitted that the petitioner retired from service on 31.05.2022 and he has not received any pensionary benefits, arrears of salary, pay revision etc. The learned Government Pleader after getting instructions submitted that, necessary orders were issued by the 2nd respondent to disburse eligible amount to the petitioner. The counsel appearing for the 3rd respondent submitted that there was some technical error in the SPARK and the 3rd respondent now submitted the proposal as evident by Ext.R3(a) on 29.12.2022. If that is the case, there can be a direction to the 2nd respondent to pass final orders in Ext.R3(a) and disburse the eligible amount to the petitioner within a time frame. Therefore, this writ petition is disposed of in the following manner: i. There will be a direction to the 2nd respondent to consider Ext.R3(a) and pass appropriate orders in it and disburse the eligible amount to the petitioner, as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this

judgment.

ii. Petitioner will produce a copy of the writ petition along with a certified copy of this

judgment before the 2nd respondent for

compliance. Sd/- P.V.KUNHIKRISHNAN DM JUDGE APPENDIX OF WP(C) 39200/2022 PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER

DATED 5.3.2012 OF THE PETITIONER ISSUED BY THE MANAGER OF THE 3RD RESPONDENT. SCHOOL.

EXHIBIT P2        TRUE   COPY  OF  THE   ORDER  DATED
                  23.6.2014   ISSUED   BY   THE   2ND
EXHIBIT P3        TRUE   COPY   OF   THE  ORDER   DATED
                  18.09.2017    ISSUED   BY   THE   2ND
EXHIBIT P4        TRUE   COPY  OF   THE  ORDER   DATED
EXHIBIT P5        TRUE   COPY  OF  THE   ORDER  DATED
                  6.11.2019   ISSUED   BY   THE   2ND
EXHIBIT P6        TRUE   COPY   OF   THE  ORDER   DATED
                  17.03.2021    ISSUED   BY   THE   2ND
EXHIBIT P7        TRUE   COPY  OF  THE   ORDER  DATED
EXHIBIT P8        TRUE   COPY   OF   THE  ORDER   DATED
                  12.04.2022    ISSUED   BY   THE   3RD
EXHIBIT P9        TRUE COPY OF THE REPRESENTATION

DATED 26/8/2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND EXHIBIT P10 TRUE COPY OF THE LETTER DATED EXHIBIT P11 TRUE COPY OF THE REPRESENTATION DATED 3/11/2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND EXHIBIT P12 TRUE COPY OF THE LETTER DATED THE PETITIONER, ALONG WITH THE ATTACHMENT THEREIN. RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE

Same Court & Year Kerala · 2023 Same Parties Rajeevan K., vs State of Kerala, Same Judge Honourable Mr. Justice P.V.Kunhikrishnan