Skip to content
How to use Judgment tools
  1. Click Tools to open PDF, Print, Tag, Note, Favourite, and CiteSignal.
  2. Use Brief & Ask in the toolbar for the AI Brief and case chat.
  3. Jump to sections with the pills below the help bar.

The Commissioner vs Usha Malayappan

The Commissioner vs Usha Malayappan

Type Court Judgment Court Kerala Decided Oct 01, 2019
~6 min read
https://sooperkanoon.com/case/1916391

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

No card required · credentials emailed · Log in if you already have an account

Citation
Court
Kerala High Court
Judge
Decided On
Case Number
OP (CAT)/3152/2012

Parties & Advocates

Appellant / Petitioner

The Commissioner

Respondent

Usha Malayappan

Excerpt

.....no.20-5/2006- kvs(estt iii) issued from the office of the 2nd respondent, along with its annexure dated 10/10/2006. exhibit p1 b true copy of order bearing f. no.20-5/2006- kvs(e iii) issued as regards the 1st applicant in the original application dated exhibit p1 c true copy of order bearing f. no.20-5/2006- kvs(e iii) issued as regards the 2nd applicant in the original application dated exhibit p1 d true copy of the order bearing f.no.39029/t/4/2008 kvs hq(estt iii) issued from the office of the 2nd respondent as regard the 1st application in the original application dated 27/02/2009. exhibit p1 e true copy of the order bearing f.no.39029/t/4/2008 kvs hq(estt iii) issued from the office of the 2nd respondent as regard the 2nd application in the original application dated 27/02/2009.exhibit p1 f true copy of the representation submitted respondent dated 01/06/2009. exhibit p1 g true copy of the representation submitted respondent dated 01/07/2009. exhibit p1 h true copy of the representation submitted ::7:: respondent dated 18/10/2009. exhibit p1 i true copy of the representation submitted respondent dated 18/01/2010. exhibit p1 j true copy of the representation submitted respondent dated 17/03/2010. exhibit p1 k true copy of the representation submitted respondent dated 12/04/2010. exhibit p1 l true copy of the representation submitted respondent dated 01/06/2009. exhibit p1 m true copy of the representation submitted respondent dated 01/07/2009. exhibit p1 n true copy of the representation submitted respondent dated 18/10/2009. exhibit p1 o true copy of the representation submitted respondent dated 18/01/2010. exhibit p1 p true copy of the representation submitted respondent dated 17/03/2010. exhibit p1 q true copy of the representation submitted respondent dated 12/04/2010. ::8:: exhibit p1 r true copy of the letter bearing fno.39029/tehran/74/2010-kvshq (estt- iii)/539 issued by the 2nd respondent dated exhibit p1 s true copy of the letter bearing.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN & THE HONOURABLE MR.JUSTICE V.G.ARUN TUESDAY, THE 01ST DAY OF OCTOBER 2019 / 9TH ASWINA, 1941 OP (CAT).No.3152 OF 2012(Z) AGAINST THE ORDER/JUDGMENT IN OA 1099/2010 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH PETITIONER/S: 1 THE COMMISSIONER KENDRIYA VIDYALAYA SANGATHAN, NO.18, INSTITUTIONAL AREA, SHAHEED JEET SINGH MARG, NEW DELHI 110 016. 2 THE EDUCATION OFFICER KENDRIYA VIDYALAYA SANGATHAN, NO.18, INSTITUTIONAL AREA, SHAHEED JEET SINGH MARG, NEW DELHI 110 016. 3 THE ASSISTANT COMMISSIONER KENDRIYA VIDYALAYA SANGATHAN, REGIONAL OFFICE, IIT CAMPUS, CHENNAI 600 036. BY ADV. SRI.V.V.ASOKAN (SR.) RESPONDENT/S:

1 USHA MALAYAPPAN W/O.SRI. MALAYAPPAN, POST GRADUATE TEACHER (ECONOMICS), KENDRIYA VIDYALAYA, KANJIKODE, RESIDING AT RAM NIVAS, RIVER ROAD, C.N PURAM P.O, PALAKKAD 678 005. 2 LEENA MUKUNDAN W/O.SRI.MUKUNDAN, TRAINED GRADUATE TECHER (SOCIAL STUDIES) KENDRIYA VIDYALAYA OTTAPPALAM, RESIDING AT AMALA VALLYAPADAM, C.N PURAM P.O, PALAKKAD 678 005. 3 THE SECRETARY TO THE GOVERNMENT OF INDIA MINISTRY OF HUMAN RESOURCES DEVELOPMENT, NEW DELHI 110 001. R1 BY ADV. SRI.T.C.GOVINDA SWAMY THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 01.10.2019, THE

COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ::2::

JUDGMENT

Dated this the 1st day of October 2019

Vinod Chandran, J.

The issue agitated in the original petition is

only     with      respect         to    the       interest      granted     by    the
tribunal.           The        respondents          1    and    2   were    teachers
respectively                Post    Graduate            Teachers     and     Trained

Graduate Teachers in the Kendriya Vidyalaya Sangathan. They were deputed to the Kendriya Vidyalaya Sangathan, Tehran; the 1st respondent from 24.05.2007 and the 2nd respondent, from 15.06.2007. They continued there till 30.06.2010. While they were in Tehran, there was a pay revision effected to all Central Government employees

with     effect         from       01.01.2006.           With   respect      to   the
respondents             1    and    2,   the        pay     revision       was    made
effective only from 27.02.2009.                           The foreign allowance
which      was      granted         to    all       teachers           abroad      was
restricted to 67%.                  The respondents claimed disbursal
of   arrears        with       effect    from       01.01.2006       as    also    the

::3:: entire foreign allowances with interest @12%.

2. The contention of the original petitioner, the Kendriya Vidyalaya Sangathan before the Tribunal

was    that        there        was     financial          crisis       and      that    the
Kendriya        Vidyalaya         at     Tehran          was     a    self       financing
institution.             The Kendriya Vidyalaya Sangathan sought
for a loan from                Ministry of Human Resource Development
which      was      not        disbursed           and    hence        there      was     no
disbursal         of      the     amounts           as     prayed          for    by     the

respondents.

3. The Tribunal found that financial crisis

cannot prejudice the claim of the employees.                                     We fully
agree       with         the      Tribunal              especially           since       the
respondents             were     sent     to        the    foreign          country       on
deputation          on      exercising             an     option        as       per     the
willingness             called    for     by       Sangathan.          There       was    no

condition that they would not be entitled to the pay scales and foreign allowance which the others are entitled to, if the Unit at Tehran was not financially viable. ::4::

4. We see that the original petition does not

challenge         the        grant    of    pay       scales    or    the   foreign
allowances.             The     ground      raised      is     only   against     the
interest awarded at the rate of 8%.                            It is also argued

that they had never sought for interest on the foreign

allowance as is evident from                         the prayers made in the
original petition.                  We see the relief sought, extracted
by    the     Tribunal         which       in       relief   (iv)     specifically
demands interest @12% for foreign allowance also.                                  We

do not think that grant of interest was irregular, but, however, we confine it to 6% on condition that the amounts due as per the pay scale revision and the foreign allowance, if not already paid, along with the interest due be disbursed to the respondents 1 and 2 within a period of two months from the date of receipt of certified copy of this judgment. If the said amounts are not paid, as directed, interest @8% as ordered by the Tribunal shall be paid by the Sangathan and the difference in such amount, i.e, 2% interest, shall be recovered from the officers who are responsible for ::5:: such default.

The original petition is disposed of. No order

as to costs. Sd/- K. VINOD CHANDRAN, JUDGE. Sd/- V.G. ARUN, JUDGE. Jma/01.10 ::6:: APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF OA 1099/10 ALONG WITHOUT ANNEXURES DATED 30/01/2011. EXHIBIT P1 A TRUE COPY OF ORDER BEARING F. NO.20-5/2006- KVS(ESTT III) ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT, ALONG WITH ITS ANNEXURE DATED 10/10/2006. EXHIBIT P1 B TRUE COPY OF ORDER BEARING F. NO.20-5/2006- KVS(E III) ISSUED AS REGARDS THE 1ST APPLICANT IN THE ORIGINAL APPLICATION DATED EXHIBIT P1 C TRUE COPY OF ORDER BEARING F. NO.20-5/2006- KVS(E III) ISSUED AS REGARDS THE 2ND APPLICANT IN THE ORIGINAL APPLICATION DATED EXHIBIT P1 D TRUE COPY OF THE ORDER BEARING F.NO.39029/T/4/2008 KVS HQ(ESTT III) ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT AS REGARD THE 1ST APPLICATION IN THE ORIGINAL APPLICATION DATED 27/02/2009. EXHIBIT P1 E TRUE COPY OF THE ORDER BEARING F.NO.39029/T/4/2008 KVS HQ(ESTT III) ISSUED FROM THE OFFICE OF THE 2ND RESPONDENT AS REGARD THE 2ND APPLICATION IN THE ORIGINAL APPLICATION DATED 27/02/2009.

EXHIBIT P1 F TRUE COPY OF THE REPRESENTATION SUBMITTED RESPONDENT DATED 01/06/2009. EXHIBIT P1 G TRUE COPY OF THE REPRESENTATION SUBMITTED RESPONDENT DATED 01/07/2009. EXHIBIT P1 H TRUE COPY OF THE REPRESENTATION SUBMITTED ::7:: RESPONDENT DATED 18/10/2009. EXHIBIT P1 I TRUE COPY OF THE REPRESENTATION SUBMITTED RESPONDENT DATED 18/01/2010. EXHIBIT P1 J TRUE COPY OF THE REPRESENTATION SUBMITTED RESPONDENT DATED 17/03/2010. EXHIBIT P1 K TRUE COPY OF THE REPRESENTATION SUBMITTED RESPONDENT DATED 12/04/2010. EXHIBIT P1 L TRUE COPY OF THE REPRESENTATION SUBMITTED RESPONDENT DATED 01/06/2009. EXHIBIT P1 M TRUE COPY OF THE REPRESENTATION SUBMITTED RESPONDENT DATED 01/07/2009. EXHIBIT P1 N TRUE COPY OF THE REPRESENTATION SUBMITTED RESPONDENT DATED 18/10/2009. EXHIBIT P1 O TRUE COPY OF THE REPRESENTATION SUBMITTED RESPONDENT DATED 18/01/2010. EXHIBIT P1 P TRUE COPY OF THE REPRESENTATION SUBMITTED RESPONDENT DATED 17/03/2010. EXHIBIT P1 Q TRUE COPY OF THE REPRESENTATION SUBMITTED RESPONDENT DATED 12/04/2010. ::8:: EXHIBIT P1 R TRUE COPY OF THE LETTER BEARING FNO.39029/TEHRAN/74/2010-KVSHQ (ESTT- III)/539 ISSUED BY THE 2ND RESPONDENT DATED EXHIBIT P1 S TRUE COPY OF THE LETTER BEARING F.NO.11011/16/2009-KVSHQ(EST-III)/515 ISSUED BY THE 2ND RESPONDENT DATED EXHIBIT P1 T TRUE COPY OF THE OFFICE ORDER BEARING F.NO.11046(THE)2010-KVSHQ(EST-III)/680 ISSUED BY THE 2ND RESPONDENT DATED EXHIBIT P1 U TRUE COPY OF LAST PAY CERTIFICATE ISSUED BY

THE PRINCIPAL K.V. TEHRAN AS REGARDS THE 1ST APPLICANT IN THE ORIGINAL APPLICATION DATED 30/06/2010. EXHIBIT P2 TRUE COPY OF THE REPLY STATEMENT FILED IN OA NO.1099/2010 DATED 07/03/2011. EXHIBIT P3 OF THE ORDER OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM IN OA NO.1099/2010 DATED 09/01/2012.

Continue Your Research


AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial