Udayamohan Vs. Principal Secretary - Court Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM TUESDAY,THE11H DAY OF FEBRUARY201422ND MAGHA, 1935 WP(C).No. 4100 of 2014 (J) -------------------------------------- PETITIONERS: --------------------- 1. UDAYAMOHAN, AGED54YEARS, S/O.BHANU PANICKER, T.C. 11/637(6) NANTHANCODE, KOWDIAR P.O., THIRUVANANTHAPURAM695003.

2. RAMACHANDRAN NAIR, AGED54YEARS, S/O.SADASIVAN, NETHAJI NAGAR, NGO QUARTERS NO.E7B, VIKASBHAVAN P.O., THIRUVANANTHAPURAM -695 033.

3. A.JALALUDEEN, AGED51YEARS, S/O.ABUSALI, JALAL MANZIL, PALLIMUKKU, PEYAD P.O., THIRUVANANTHAPURAM - 695 573. BY ADV. SRI.B.HARIDAS RESPONDENTS: ------------------------ 1. THE DIRECTOR KERALA STATE INSTITUTE FOR LANGUAGES NALANTHA JUNCTION, NANTHANCODE, THIRUVANANTHAPURAM - 695 003.

2. PRINCIPAL SECRETARY CULTURAL AFFAIRS E DIVISION, GOVERNMENT OF KERALA GOVERNMENT SECRETARIAT,STATUE, THIRUVANANTHAPURAM - 695 001. BY GOVERNMENT PLEADER SRI.FAYAZ M.A THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON1102-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Msd. WP(C).No. 4100 of 2014 (J) -------------------------------------- APPENDIX --------------- PETITIONER(S)' EXHIBITS: --------------------------------------- EXHIBIT P1: TRUE COPY OF THE ORDER

NO.E1/832/08/SIL DATED0303.2008. EXHIBIT P2: TRUE COPY OF THE ORDER

NO.E1/829/08/SIL DATED0303.2008. EXHIBIT P3: TRUE COPY OF THE ORDER

NO.E1/831/08/SIL DATED0303.2008. EXHIBIT P4: TRUE COPY OF THE ORDER

NO.E1/832/08/SIL DATED0912.2008 (1ST PETITIONER). EXHIBIT P5: TRUE COPY OF THE ORDER

NO.E1/832/08/SIL DATED0912.2008 (2ND PETITIONER). EXHIBIT P6: TRUE COPY OF THE ORDER

NO.E1/832/08/SIL DATED0912.2008 (3RD PETITIONER). EXHIBIT P7: TRUE COPY OF NOTIFICATION NO.E1/58/2013/SIL DATED0609.2013 (2ND PETITIONER). EXHIBIT P8: TRUE COPY OF THE APPEALS FILED BY THE1T PETITIONERS BEFORE THE GOVERNING BODY CHAIRMAN, OF THE INSTITUTE. EXHIBIT P9: TRUE COPY OF THE APPEALS FILED BY THE1T PETITIONER BEFORE THE GOVERNING BODY VICE CHAIRMAN, OF THE INSTITUTE. EXHIBIT P10: TRUE COPY OF THE APPEALS FILED BY THE1T PETITIONER BEFORE THE PRINCIPAL SECRETARY CULTURAL DEPARTMENT, GOVERNMENT OF KERALA. EXHIBIT P11: TRUE COPY OF THE APPEALS FILED BY THE2D PETITIONER BEFORE THE GOVERNING BODY CHAIRMAN, OF THE INSTITUTE. EXHIBIT P12: TRUE COPY OF THE APPEAL FILED BY THE2D PETITIONER BEFORE THE GOVERNING BODY VICE CHAIRMAN, OF THE INSTITUTE. EXHIBIT P13: TRUE COPY OF THE APPEALS FILED BY THE2D PETITIONER BEFORE THE PRINCIPAL SECRETARY,CULTURAL DEPARTMENT GOVERNMENT OF KERALA. EXHIBIT P14: TRUE COPY OF THE APPEAL FILED BY THE3D PETITIONER BEFORE THE GOVERNING BODY CHAIRMAN, OF THE INSTITUTE. EXHIBIT P15: TRUE COPY OF THE APPEALS FILED BY THE3D PETITIONER BEFORE THE GOVERNING BODY VICE CHAIRMAN, OF THE INSTITUTE. EXHIBIT P16: TRUE COPY OF THE APPEALS FILED BY THE3D PETITIONER BEFORE THE PRINCIPAL SECRETARY CULTURAL DEPARTMENT, GOVERNMENT OF KERALA. RESPONDENT(S)' EXHIBITS: ----------------------------------------- NIL //TRUE COPY// P.A.TO JUDGE. Msd. C.K. ABDUL REHIM, J.

------------------------------------------------- W.P.(c) No. 4100 OF2014J ------------------------------------------------- DATED THIS THE11h DAY OF FEBRUARY, 2014.

JUDGMENT

The petitioners are employees of the Kerala State Institute for Languages, which is owned by the State Government. The petitioners were regularly appointed as Peon and their probation was declared and increments were granted during their service. But by virtue of Exts.P4 to P6 they were ordered to be reverted back to their original position of 'Lascar' and 'Night Watchman' at the Vijnanamudranam Press, owned by the Institute. Evidently this was done on the basis of objections raised by the Local Fund Audit Department, stating that pay revision was effected on the basis that the petitioners were continuing at the Vijnanamudranam Press. Therefore by virtue of the impugned orders appointment of the petitioners as Peon was cancelled and they were reverted to the post of 'Lascar' and 'Night Watchman' along with direction to recover W.P.(c) No.4100/2014 -2- excess payment of salary and other benefits, in installments as enumerated under the impugned orders. Being aggrieved by Exts.P4 to P6 the petitioners have approached the 2nd respondent in Exts.P10, P13 & P16 appeals. They have also submitted appeals before the Hon'ble Chief Minister and the Hon'ble Minister for Cultural Affairs, who is the Chairman of the institute. Since those appeals are not considered, this writ petition is filed.

2. Heard; counsel for the petitioner and Government Pleader appearing for the 2nd respondent. Considering the fact that the matter is pending before the Government in appeals filed by the petitioners, this court is of the opinion that interest of justice can be achieved by directing the Government to take an appropriate decision on the matter, within a time limit.

3. Therefore the writ petition is disposed of directing the 2nd respondent to consider and to pass orders on Exts.P10, 13 & 16 appeals submitted by the petitioners, after affording them an opportunity of personal hearing. A W.P.(c) No.4100/2014 -3- decision on the matter shall be taken at the earliest possible, at any rate within a period of 3 months from the date of receipt of a copy of this judgment.

4. It is conceded in the writ petition that Exts.P4 to P6 orders were already implemented without waiting for any direction from the higher authorities. However, further recovery if any, on the basis of Exts.P4 to P6 shall be kept in abeyance, until the 2nd respondent takes a decision as per the directions given above. Sd/- C.K. ABDUL REHIM, JUDGE. AMG True copy P.A to Judge