Soudhath T vs State Of Kerala And Ors

This writ petition is filed seeking the following prayers:-

“(i) issue a writ of mandamus or other appropriate writ, order or direction commanding the 4th respondent to pay salary and consequential benefits

to the petitioner w.e.f 06.06.2019.

(ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 4th respondent to implement Exhibit P2 order forthwith.â€​

Heard the learned counsel for the petitioner and the learned Government Pleader.

It is submitted by the learned counsel for the petitioner that the petitioner's appointment has been duly approved, but salary has not been paid. It is

submitted that in the staff fixation order for the year 2019-20 also, the post is available for approving the appointment of the petitioner.

A statement has been placed on record by the learned Government Pleader. It is submitted that though the appointment has been approved, the

Deputy Director of Education has raised an objection in the audit that the appointment of approval is against the conditions laid down in G.O.(P)

No.10/10/G.Edn dated 12.01.2020. It is submitted that replies have been given to the audit objection and that the payment of salary and allowances

were withheld till disposal of the objection.

The petitioner has also placed a reply affidavit on record producing several judgments of this Court in support of the contention that until orders are

passed, recalling approval in accordance with law, the salary is liable to be paid. It is further contended that even in case there is an objection that the

appointment is against the provisions of G.O.(P) No.10/10/G.Edn dated 12.01.2020, time had been granted to Managers till 23.10.2020 to produce the

bonds for appointment of protected teachers.

In any view of the matter, since the approval of the petitioner's appointment has not been recalled in any manner known to law, I am of the opinion

that the petitioner is entitled to the benefits of the approval including payment of salary due. The raising of an audit objection cannot be a ground for

refusing to pay the salary or to refusing to grant the benefits of an approved appointment.

In the above view of the matter, this writ petition is disposed of directing that the benefits of approval of the petitioner's appointment shall be

granted to the petitioner without delay. The respondents, if so advised, can take steps for recalling the approval only after due consideration of all the

aspects of the matter and after putting the petitioner as well as the Manager on notice and after considering their contentions as well. The salary due

shall be released to the petitioner within a period of two months from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.