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Mohammed Iqbal.K.M vs State Of Kerala on 19 February, 2010

Kerala High Court
Mohammed Iqbal.K.M vs State Of Kerala on 19 February, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 10489 of 2009(E)


1. MOHAMMED IQBAL.K.M.
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY
                       ...       Respondent

2. THE SECRETARY TO GOVERNMENT

3. THE DEPUTY DIRECTOR OF EDUCATION

4. THE DISTRICT EDUCATIONAL  OFFICER

                For Petitioner  :SRI.V.M.KURIAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :19/02/2010

 O R D E R
                                 S. Siri Jagan, J.
                =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-=
                        W.P(C) No. 10489 of 2009
                =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=
              Dated this, the 19th day of February, 2010.

                               J U D G M E N T

The petitioner entered service of an aided school as a full time

menial on 1-9-1975. The petitioner was later promoted as L.D. Clerk

and voluntarily retired from service with effect from 30-9-2008. In

the meanwhile, his probation had already been declared and he was

also granted higher grades, fixation of pay etc. Now, by Ext. P9, the

petitioner has been directed to refund the excess salary paid to him on

grant of higher grade for want of test qualification, his probation

could not have been declared and he could not have been given higher

grades. Consequently, his pay was ordered to be re-fixed and the

excess salary paid to him recovered. It is under the above

circumstances, the petitioner has filed this writ petition seeking the

following reliefs:

“a) To declare that Lower Division clerks in aided schools are
not required to acquire test qualification for declaration of
probation and grant of increments and grades.

b) issue a writ of certiorari or other appropriate writ, order or
direction quashing Ext. P 10 circular issued by the 1st respondent
or in the alternative to declare that Ext. P 10 circular has only
prospective operation and cannot be applied with retrospective
effect.

c) To declare that in the light of Ext. P7 circular, the
Government is estopped from refixing and recovering the
benefits granted under the said circular.

d) To quash Ext. P9 order and all further proceedings for
cancellation of declaration of probation, refixation of pay and
recovery of excess payments from the petitioner.”

2. The petitioner now submits that in view of Ext. P15

Government Order exempting persons like the petitioner from

acquiring test qualification for the purpose of declaration of

W.P.C. No. 10489/09 -: 2 :-

probation grant of higher grade etc., the petitioner is entitled to the

reliefs prayed for.

3. I have heard the learned Government Pleader also. The

learned Government Pleader does not dispute that in view of Ext. P15,

the petitioner is entitled to the reliefs prayed for.

Accordingly, the writ petition is allowed as prayed for.

Consequential orders shall be passed as expeditiously as possible, at

any rate, within two months from the date of receipt of a copy of this

judgment.

Sd/- S. Siri Jagan, Judge.

Tds/

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