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HIGH COURT OF KERALA
ALEXANDER THOMAS, C. JAYACHANDRAN, JJ
STATE OF KERALA – Appellant
Versus
MOHAMMED SHIJEER.S – Respondent
OP(KAT) 211 2023
Employment - Educational service - Kerala Administrative Tribunal - Articles 226 and 227 - The case discussed the procedures for granting necessary language training and interim posting benefits to educators; court emphasized the need for timely intervention and compliance with prior tribunal directions, reiterating constitutional protections for employees.
Fact of the Case:
The petitioners sought to challenge an interim order from the Kerala Administrative Tribunal, which directed police assistance for an applicant to join a school despite objections in a linguistic minority region. The applicant had previously faced issues related to language proficiency requirements.
Finding of the Court:
The court found that the petitioners were bound to facilitate the applicant's posting at the school despite language training requirements, and emphasized the need for appropriate interventions by authorities to uphold the applicant's employment rights.
Issues: Whether the applicant was justified in seeking police aid to facilitate joining duty amidst linguistic objections, and whether the action of the authorities was in conformity with prior tribunal directives.
Ratio Decidendi: The court held that the applicants' educational rights and procedural compliance with previous tribunal orders must be upheld, highlighting the obligation of government authorities to ensure safety and function of staff in challenging linguistic environments.
Final Decision: The original interim order was modified to allow the applicant to undergo the Kannada proficiency course post-admission.
J U D G M E N T
Alexander Thomas, J.
The afore-captioned Original Petition instituted under Articles
226 and 227 of the Constitution of India is directed against the impugned Ext.P6 interim order dated 12.01.2023 rendered by the Kerala Administrative Tribunal, Ernakulam Bench in O.A. (Ekm)
No.991/2020.
2. The petitioners herein are the respondents 1 to 3 in the O.A. R1 herein is the sole applicant in the O.A. R2 herein is R4 in the O.A.
3. Heard Sri.Saigi Jacob Palatty, learned Senior Government Pleader appearing for the petitioners and Sri.Jenson J.Edampadam, learned counsel appearing for the R1 herein/the Original Applicant and Sri.P.C.Sasidharan, learned Standing Counsel for the Kerala Public Service Commission appearing for R2 herein.
4. The main prayers in the instant Ext.P1 Original Application, O.A. (Ekm) No.991/2020 filed by R1 herein before the Kerala Administrative Tribunal, Ernakulam Bench are as follows:
“(1) The Hon'ble Tribunal may be pleased to allow the same benefit sanctioned to another applicant in OA(Ekm) 154/2020 (Annexure A9) as the cases are one and same. In that case, this Hon'ble Tribunal allowed the applicant to join his station where he had posted and ordered to utilise his service otherwise, until he can be sent for linguistic training at Central Institute of Indian Languages Mysore, within 10 days of receipt of order.
(ii) The Hon'ble Tribunal may be pleased to issue an order a direction in order to change the post as High School Assistant Physical Science (Malayalam) considering the never ever possible circumstances prevailed in the Linguistic minority school (Kannada) which totally prevent the applicant in joining as High School Assistant, Physical Science (Kannada).
(iii) The applicant may be allowed full pay and allowance for the period from the date of joining at GHSS, Moonmbail at Kasargod on 30.10.2019 to till date as the respondent failed in extending sufficient protection of timely interlocution to mitigate the issue.
(iv) The Hon'ble Tribunal may also pleased to call for the records and verify the reason to issue such placement and postings to such, a locality when a grave situation is prevailing and a continuing agitation is going on there.
(v) Issue any other orders or directions as this Hon'ble Tribunal deems fit and proper in the interest of justice.
(vi) To award cost.”
5. The interim prayer in Ext.P1 O.A. is as follows:
“The Hon'ble Tribunal may be pleased to issue an interim order allowing full pay and allowances from the date of reported for duty on 30.10.2019 and utilize his service otherwise until further orders, pending O.A.”
6. The Tribunal after hearing both sides, has rendered the impugned Ext.P6 interim order dated 12.01.2023 in the above O.A. directing that the respondents in the O.A. shall give necessary Police aid, to facilitate the applicant to join duty at the school to which he is posted. Ext.P6 interim order dated 12.01.2023 rendered by the Tribunal in the present O.A. reads as follows:
“In view of the additional reply statement filed by the 3" respondent, it is conceded that the applicant was prevented from joining duty at the school to which he was posted subsequently, ie., the Government Higher Secondary School, Angadimogar in Kasaragod. Contention of the respondent seems to be that, he has to undergo Language Training Course at the Regional Language Institute at Mysore in Karnataka, by availing Leave Without Allowances, Such a stand cannot be justified. The respondents are bound to provide proper protection to the applicant, if necessary with Police aid, to facilitate him to join at the station to which he is posted. Whether the deputation of the applicant for attending Language Training at the above said institute, is necessary or not can be considered thereafter. If the respondents are of the opinion that the applicant cannot be posted to the said school, they consider him for a posting to any other in another school, without further delay.
2. Necessary steps in this regard shall
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