SR.ARUL SELVI.A v. STATE OF KERALA
Court: High Court of Kerala
Bench: HONOURABLE MRS. JUSTICE ANU SIVARAMAN
Judgment date:
Case summary
High Court of Kerala judgment dated 2020-12-21. SR.ARUL SELVI.A v. STATE OF KERALA. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN MONDAY, THE 21ST DAY OF DECEMBER 2020 / 30TH AGRAHAYANA, 1942 WP(C). No. 16786 OF 2017(W) PETITIONER: SR. ARUL SELVI. A AGED 48 YEARS U. P. S. A ST. FRANCIS XAVIER'S HIGH SCHOOL PARISAKKAL, PALAKKAD 678 001 BY ADVS. SRI. ELVIN PETER P. J. SRI. K. R. GANESH SRI. T. G. SUNIL (PRANAVAM) RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM 2 THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM 695 001 3 THE DEPUTY DIRECTOR OF EDUCATION PALAKKAD 678 001 4 THE DISTRICT EDUCATION OFFICERE PALAKKAD 678 001 5 THE MANAGER ST. FRANCIS XAVIER'S HIGH SCHOOLPARISAKKAL, PALAKKAD 678 001 R1-4 BY GOVERNMENT PLEADER R5 BY ADV. SRI. PRADEEP KRISHNA SRI P. M MANOJ GP THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21. 12. 2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C). No.
16786 OF 2017(W) JUDGMENT Dated this the 21st day of December 2020 This writ petition is filed seeking the following prayers:- “i) To issue a writ of certiorari or any other writ, order or direction calling for the records leading to Ext. P13 and quash the same. ii) To issue an order declaring that no recovery can be made from the salary paid to the petitioner after having discharged her duties as U. P. S. A on the basis of the staff fixation order th issued by the 4 respondent. iii) To declare that Ext. P13 order directing recovery of salary paid to the petitioner for the academic year 2015-2016 is absolutely illegal, arbitrary, unfair, unreasonable, discriminatory and violative of Article 14 and 21 of the Constitution of India and the same is therefore, void and nonest. ” 2. Heard the learned counsel for the petitioner and the learned Government Pleader. 3. It is submitted by the learned counsel for the petitioner that Ext.
P13 revised staff fixation order, which directs the recovery of salary paid to the petitioner, was challenged by Smt. N. T. Filomina, WP(C). No. 16786 OF 2017(W) Lower Grade Hindi Teacher in W. P. (C) No. 17325/2017. The said writ petition has been heard and disposed of by judgment dated 06. 02. 2020. Ext. P13 herein, which was Ext. P13 in the said writ petition had been set aside to the extent it applies to the petitioner in that writ petition. It was also declared that no recovery of salary can be effected from the petitioner on the basis of revision of staff fixation for the academic year 2015-2016. The learned counsel for the petitioner submits that the petitioner's salary is also being sought to be recovered on the basis of the very same order and on the very same grounds that the building where the classrooms were housed did not have a fitness certificate for the relevant period.
It submitted that the reasoning of this Court in the said judgment is squarely applicable in this case as well. 4. Having considered the contentions advanced on either side and having perused the materials on record as well as the judgment in W. P. (C) No. 17325/2017, I find that the law laid down in the judgment is squarely applicable to the petitioner's case as well. 5. In the above view of the matter, I am of the opinion that the directions contained in the judgment should govern the WP(C). No. 16786 OF 2017(W) petitioner as well. In the result, Ext. P13 order is set aside to the extent it applies to the petitioner. It is declared that no recovery of salary can be effected from the petitioner on the basis of revision of staff fixation for the academic year 2015-2016. It is made clear that this shall be without prejudice to the right of the respondents to recover any loss caused to the Government from the Manager of the school. This writ petition is ordered accordingly.
Sd/- ANU SIVARAMAN JUDGE SVP WP(C). No. 16786 OF 2017(W) APPENDIX PETITIONER'S/S EXHIBITS: TRUE COPY OF THE ORDER DATED 10-07-2006 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER TRUE COPY OF THE APPROVED PLAN OF THE ST. XAVIER'S H. S PARISAKKAL TRUE COPY OF THE APPLICATION FOR FITNESS CERTIFICATE FOR FITNESS CERTIFICATE FOR THE PRE-KER BUILDINGS OF THE SCHOOL SUBMITTED BY THE 5TH RESPONDENT TRUE COPY OF THE FITNESS CERTIFICATE FOR THE ACADEMIC YEAR 2014-15 ISSUED BY THE ASST. ENGINEER, LSGD DEPT TRUE COPY OF THE STAFF FIXATION ORDER DATED 15-07-2014 ISSUED BY THE 4TH RESPONDENT TRUE COPY OF THE APPLICATION FOR FITNESS CERTIFICATE FOR THE ACADEMIC YEAR 2015- 2016 FOR THE PRE-KER AND POST-KER BUILDINGS OF THE SCHOOL SUBMITTED BY THE 5TH RESPONDENT TRUE COPY OF THE FITNESS CERTIFICATE ISSUED BY THE ASST.
ENGINEER, LSGD DEPARTMENT FOR THE POST-KER BUILDING TRUE COPY OF THE STAFF FIXATION ORDER DATED 27-04-2016 ISSUED BY THE 4TH RESPONDENT TRUE COPY OF THE APPLICATION DATED 30- 03-2016 SUBMITTED BY THE 5TH RESPONDENT FOR FITNESS CERTIFICATE TRUE COPY OF THE FITNESS CERTIFICATE ISSUED BY THE ASST. ENGINEER FOR THE ACADEMIC YEAR 2016-17 FOR THE POST-KER AND THE NEWLY CONSTRUCTED 2ND FLOOR OF POST-KER BUILDING EXHIBIT P11 TRUE COPY OF THE APPLICATION SUBMITTED BY THE 5TH RESPONDENT FOR FITNESS WP(C). No. 16786 OF 2017(W) CERTIFICATE FOR THE ACADEMIC YEAR 2016- 17 FOR THE POST-KER BUILDING INCLUDING NEW CONSTRUCTION EXHIBIT P12 TRUE COPY OF THE FITNESS CERTIFICATE ISSUED BY THE ASST. ENGINEER, LSGD FOR FOR CONDUCTING CLASSES IN THE POST-KER BUILDING OF THE SCHOOL EXHIBIT P13 TRUE COPY OF THE ORDER DATED 30-03-2017 ISSUED BY THE 4TH RESPONDENT
Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.