G.Suresh Kumar v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 9TH DAY OF SEPTEMBER 2015/18TH BHADRA, 1937 WP(C).No. 8597 of 2008 (W) --------------------------- PETITIONER(S):
---------------------- G.SURESH KUMAR, S/O.GOPALAN, AGED 34 YEARS, UPPER PRIMARY SCHOOL ASSISTANT STAFF SECRETARY, NARAYANA VIDYALAYAM A.U.P.SCHOOL THENKARA, MANNARKKAD, PALAKKAD DISTRICT.
BY ADVS.SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S):
----------------------------
1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM.
2. THE ACCOUNTANT GENERAL ( A& E) KERALA, TRIVANDRUM.
3. THE ASSISTANT EDUCATIONAL OFFICER, MANNARKKAD, PALAKKAD DISTRICT.
4. THE HEADMISTRESS, NARAYANA VIDYALAYAM A.U.P.SCHOOL, THENKARA, MANNARKKAD PALAKKAD DIST.
R,R1-3 BY ADV. GOVERNMENT PLEADER SRI. T.R. RAJESH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 8597 of 2008 (W) APPENDIX PETITIONERS EXHIBITS EXT.P1 COPY OF THE AUTDIT OBJECTION.
EXT.P2 COPY OF THE LETTER NO. 59740/B3/07/GE OF THE GOVERNMENT. DATED 30.01.08 EXT.P3 COPY OF THE RELEVANT PORTION OF G.O(P) NO.3000/98/FIN. OF GOVERN. (ALLOWANCES AND OTHER ADDITIONS TO PAY) EXT.P4 COPY OF THE CIRCULAR NO.18/2000/FIN. OF THE GOVERNMENT.
EXT.P5 COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT IN W.P.(C) NO.31885/2004 - U DATED 1.11.04 EXT.P6 COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT IN W.P.(C) NO.21164/2005 - T DATED 4.1.06 EXT.P7 COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT IN W.P.(C) NO.27800/2005-H DATED 6.7.07.
RESPONDENTS EXHIBITS:
NIL // TRUE COPY // P.A TO JUDGE.
SB
K. VINOD CHANDRAN, J.
===================== W.P.(C) No.8597 of 2008 - W ====================== Dated this the 9th day of September, 2015
J U D G M E N T
The petitioner has filed the above writ petition in a representative capacity, representing the entire teachers of one Narayana Vidyalayam A.U.P School, Mannarkkad in Palakkad District. The petitioner assails the audit objection at Ext.P1. The controversy is with respect to irregular payment of House Rent Allowance (H.R.A). The staff of the school had been paid H.R.A at rates not applicable to them. The H.R.A paid was said to be one applicable to schools situated within two kilometers of the Taluk Head Quarters.
2. The counter affidavit of the Government also shows that the school was beyond the two kilometer distance. It is also submitted by the learned Government Pleader that Mannarkkad is not a place, which is classified in the C class cities and only
W.P.(C) No.8597 of 2008 - W Rs.100/- can be paid as H.R.A.
3. In any event, the 4th respondent has not been served, since the petitioner has failed to take steps. There can be no effective disposal of the contentions without the 4th respondent being heard. Further, there can be no writ petition filed in a representative capacity representing the entire teachers of the school. In such circumstance, the affected parties shall be entitled to approach the Government for exemption, which has already been sought by the Deputy Director of Education, Palakkad.
The writ petition would stand dismissed, leaving open the contention of all the affected parties.
Sd/- K. VINOD CHANDRAN, JUDGE SB // true copy // P.A to Judge.