W.P.(C.)No. 20137 of 2023 1 2025:KER:29115 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON TUESDAY, THE 25TH DAY OF MARCH 2025 / 4TH CHAITHRA, 1947 WP(C) NO. 20137 OF 2023 PETITIONER: ERAMU P. AGED 59 YEARS, S/O. MAMMI, HEAD ACCOUNTANT (RETIRED), SIR SYED COLLEGE TALIPARAMBA, KARIMBAM P.O., KANNUR DISTRICT. RESIDING AT TM VII-79, ALLAMKULAM, KANNUR DISTRICT., PIN - 670142 BY ADVS. P.M.PAREETH AISWARYA VENUGOPAL NAJEEB P.S RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 DIRECTOR OF COLLEGIATE EDUCATION OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695033 3 DEPUTY DIRECTOR OF COLLEGIATE EDUCATION OFFICE OF THE DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM, PIN - 695033 4 PRINCIPAL, SIR SYED COLLEGE TALIPARAMBA KARIMBAM P.O., KANNUR DISTRICT., PIN - 670142 5 MANAGER, SIR SYED COLLEGE TALIPARAMBA KARIMBAM P.O., KANNUR DISTRICT, PIN - 670142 W.P.(C.)No. 20137 of 2023 2 2025:KER:29115 6 KANNUR UNIVERSITY REPRESENTED BY ITS REGISTRAR, THAVAKARA, CIVIL STATION P.O., KANNUR DISTRICT, PIN - 670002 7 DEPUTY DIRECTOR OF COLLEGIATE EDUCATION (NORTH ZONE) NEAR MANACHIRA, KOZHIKODE, PIN - 673001 SRI E G GORDEN SR GP, SRI I V PRAMOD SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C.)No. 20137 of 2023 3 2025:KER:29115 HARISANKAR V. MENON, J. ------------------------------------ W.P.(C.)No. 20137 of 2023 -------------------------------------- Dated this the 25th day of March, 2025 JUDGMENT The petitioner who has been appointed as a Head Accountant in the aided college managed by the 5th respondent herein has filed the captioned writ petition, aggrieved by the non-approval of his appointment as Head Accountant as above, essentially on the allegation that the incumbent, who has been promoted, to the vacancy to which he has been promoted, did not have a declared probation. Therefore, essentially the question arising for consideration is as to whether the petitioner’s appointment approval would depend on the declaration of probation of Sri. T. Musthafa, who has been promoted as Superintendent. 2. When the petitioner’s appointment was sought to be approved, the 4th respondent herein by Ext.P3 informed the Principal of the college that since the probation of Sri.T.Musthafa is not declared, petitioner’s appointment cannot W.P.(C.)No. 20137 of 2023 4 2025:KER:29115 be approved. This is repeated in Ext.P5, when the college sought to justify the appointment and the requirement for approval. Later the matter was considered by the Government and through Ext.P7, the Government forwarded the matter for consideration by the Director of Collegiate Education. The 2nd respondent in turn issued Ext.P8, repeating the stand taken in Exts.P3 and P5. The Government also issued Ext.P9, refusing to approve the appointment of the petitioner. The petitioner has retired from service on 31.01.2020 and his retiral benefits were calculated with reference to his designation as Senior Clerk, from which he was promoted as Head Accountant. 3. It is challenging the refusal of approval as above that the captioned writ petition is filed by the petitioner. 4. Having heard Sri. Pareeth, the learned counsel for the petitioner, Sri. E.G.Gorden, the learned Government Pleader and Sri. I.V. Pramod, learned Standing Counsel for the 6th respondent University. 5. The short issue arising for consideration is with respect to the approval of the promotion of the petitioner to the W.P.(C.)No. 20137 of 2023 5 2025:KER:29115 post of Head Accountant as noticed earlier. The facts are not in dispute. Sri. T.Musthafa was functioning as a Head Accountant. It is only because Sri.T.Musthafa was promoted as Junior Superintendent, vacancy arose in the post of Head Accountant. It is to this post, the petitioner stood promoted w.e.f 01.08.2019. The petitioner’s appointment as above is sought to be approved by the college. The respondents have taken a stand that unless and until the probation of Sri. T.Musthafa’s appointment in the post of Head Accountant is declared, there is no question of approving the appointment of petitioner as the Head Accountant. However, I notice that the respondents are essentially relying on the contends of Ext.R2(a) Government Order dated 27.12.2018, to take such a stand. A perusal of Ext.R2(a) would show that the same applies only with reference to service in the State as well as Subordinate service. Admittedly, the petitioner was working in the 6th respondent University in a college affiliated to the University. It is clear that the contents of Ext.R2(a) Government Order would not apply as regards the employees of the University. Further the fact that as regards the Employees of the University, it is only W.P.(C.)No. 20137 of 2023 6 2025:KER:29115 those orders issued by the Government with reference KSR are made applicable is also not in dispute. 6. I further notice that taking note of all the above, by Ext.P11 minutes, proposals have been made making it mandatory for the declaration of probation whenever an officer is being promoted to a higher cadre. However, the afore proposal is of the year 2022. The fact that the petitioner has been promoted w.e.f. 01.08.2019 and superannuated on 31.01.2020 is not in dispute. If that be so, the contents of Ext.P11 would definitely support the case put up by the petitioner in this writ petition. Resultantly, I am of the opinion that the petitioner is entitled to succeed. In the result, this writ petition would stand allowed by setting aside Ext.P10 by which the petitioners pension is fixed in the cadre of Senior Clerk. There will be a declaration that the petitioner’s appointment in the post of Head Accountant as per Ext.P1 order dated 01.08.2019 is to be approved by the Government. Resultantly, the petitioner’s retiral benefits are also to be reviewed on the basis of service conditions W.P.(C.)No. 20137 of 2023 7 2025:KER:29115 applicable to the Post of Head Accountant. For facilitating the afore, Exts.P3, P5 and P8 would also stand set aside. Sd/- HARISANKAR V. MENON, JUDGE sjb/25.03.2025 W.P.(C.)No. 20137 of 2023 8 2025:KER:29115 APPENDIX OF WP(C) 20137/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE PHOTOCOPY OF THE APPOINTMENT ORDER NO. 37/40/2019 DATED 01-08-2019 ISSUED BY THE FIFTH RESPONDENT Exhibit P2 A TRUE PHOTOCOPY OF THE COVERING LETTER NO. A 4-55/2020/NTS DATED 28-05-2020 ISSUED BY THE FOURTH RESPONDENT TO THE SECOND RESPONDENT Exhibit P3 A TRUE PHOTOCOPY OF THE LETTER DATED 20- 10-2020 ISSUED BY THE THIRD RESPONDENT TO THE FOURTH RESPONDENT Exhibit P4 A TRUE PHOTOCOPY OF THE LETTER NO. A 4- 55/2020/NTS DATED 28-12-2020 SUBMITTED BY THE FOURTH RESPONDENT TO THE SECOND RESPONDENT Exhibit P5 A TRUE PHOTOCOPY OF THE LETTER DATED 11- 02-2021 ISSUED BY THE THIRD RESPONDENT TO THE FOURTH RESPONDENT Exhibit P6 A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 14-03-2022 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT Exhibit P7 A TRUE PHOTOCOPY OF THE GOVERNMENT LETTER NO. D3/106/2022/HEDN DATED 06-04-2022 Exhibit P8 A TRUE PHOTOCOPY OF THE LETTER DATED 06- 05-2022 ISSUED BY THE THIRD RESPONDENT TO THE FIRST RESPONDENT AND COPIED TO THE PETITIONER Exhibit P9 A TRUE PHOTOCOPY OF THE GOVERNMENT LETTER DATED 12-05-2022 ISSUED BY THE FIRST RESPONDENT TO THE PETITIONER Exhibit P10 A TRUE PHOTOCOPY OF THE ADMISSIBILITY REPORT AND REVISED PENSION PAYMENT ORDER W.P.(C.)No. 20137 of 2023 9 2025:KER:29115 DATED 08-03-2023 Exhibit11 A TRUE PHOTOCOPY OF THE GOVERNMENT LETTER DATED 03-06-2020 ALONG WITH THE MINUTES OF THE MEETING CONVENED BY THE FIRST RESPONDENT AND DRAFT PROPOSAL RELATING TO AMENDMENT OF SERVICE CONDITIONS OF NONTEACHING STAFF OF AIDED COLLEGES RESPONDENT EXHIBITS Exhibit R2(a) TRUE COPY OF THE GO(P) NO. 17/2018/PARD DATED 27.12.2018 ISSUED BY THE PERSONAL AND ADMINISTRATIVE REFORMS DEPARTMENT