DR.P.M.MOHAMMED NAJEEB., vs STATE OF KERALA
- Court
- Kerala High Court
WP(C) NO. 32705 OF 2022
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
ND
WEDNESDAY, THE 2 DAY OF SEPTEMBER 2026 / 11TH BHADRA, 1948
WP(C) NO. 32705 OF 2022
PETITIONERS:
DR.P.M.MOHAMMED NAJEEB.,
AGED 59 YEARS
S/O. LATE P.M. KUNHIMON,
RESIDING AT PATTANATH HOUSE,
MANJERI COLLEGE P.O.,
MALAPPURAM DISTRICT, PIN-676122.
BY ADVS.
DR.SEBASTIAN CHAMPAPPILLY
DR.ABRAHAM P.MEACHINKARA
SRI.GEORGE CLEETUS
SMT.MARGARET MAUREEN DROSE
SMT.ANNIE GEORGE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 INSTITUTE OF DRIVER TRAINING & RESEARCH (IDTR),
REPRESENTED BY ITS CHAIRMAN, IDTR,
EDAPPAL, KALADY P.O.,
MALAPPURAM DISTRICT, PIN-679582.
3 THE SECRETARY TO GOVERNMENT,
FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
4 THE DIRECTOR,
INSTITUTE OF DRIVER TRAINING & RESEARCH (IDTR), IDTR
EDAPPAL, KALADY P.O., EDAPPAL,
MALAPPURAM DISTRICT, PIN-679582.
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5 THE KERALA STATE TRANSPORT COMMISSIONER,
TRANS TOWERS, 2ND FLOOR, VAZHUTHACAUD, THYCAUD P.O.,
THIRUVANANTHAPURAM-695 014.
BY ADVS.
SHRI.S.SHAJI
SHRI.RAJESH.R
SRI. DINESH THANKAPPAN, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ORDERS ON 02.09.2026,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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‘C.R.’
JUDGMENT
The petitioner was working as the Deputy Transport
Commissioner in the Motor Vehicles Department, when he
retired from service on 31.10.2018. After his retirement as
above, the petitioner, pursuant to Ext.P1 was re-appointed as
nd
the Joint Director of the 2 respondent. The petitioner has taken
charge as Joint Director pursuant to such appointment, with
th
effect from 01.06.2020. Later, the 15 Governing Body meeting
held on 04.11.2020 has sought to approve and ratify the
appointment of the petitioner as above, as evidenced by item
number 10 of Ext.P2 minutes. True, Ext.P2 also makes reference
to the Circular No.64/2020/Fin. dated 30.10.2020, as well as
GO(P) No.159/ 2016/Fin. dated 19.10.2016 (Ext.P3) and further
states that the appointment would be subject to the conditions
stipulated in the circular and the salary would be subject to the
Government Order. The petitioner laments that though he joined
nd
service with the 2 respondent as a Joint Director with effect
from 01.06.2020 and was made to continue in that post till
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31.03.2022, no salary was paid to him. In such circumstances,
the petitioner submitted various representations seeking
disbursement of salary, contending that the petitioner’s salary
nd
for the post of Joint Director in the 2 respondent requires to be
fixed in tune with the Government Order at Ext.P3 dated
19.10.2016, about which reference has been made in Ext.P2
minutes of the Governing Body also. However, the salary was not
paid to the petitioner, on account of which the petitioner has
preferred the captioned writ petition seeking appropriate
directions in the matter.
2. During pendency of the writ petition, Ext.P33
th
communication dated 03.03.2026 has been issued by the 4
respondent to the petitioner herein, making reference to the
request made by the petitioner for disbursement of salary as
above. A reference to Ext.P33 shows that the initial appointment
of the petitioner pursuant to Ext.P1 as ratified in Ext.P2, was
th
extended for a further period of one year by the 16 meeting of
the Governing Body. However, the appointment as above was
not approved by the Cabinet. The communication at Ext.P33
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further refers to the entitlement of the petitioner for
disbursement of salary at contract wages, but states that insofar
as there was no contract entered into by the petitioner, such
disbursement also could not be effected. Ext.P33 concludes by
stating that, till such time the Government seeks to approve the
appointment of the petitioner, he can be paid a monthly salary
of Rs.40,000/-, as was extended to another Joint Director, Sri.
th
M.N. Prabhakaran, who was appointed by the 14 meeting of the
Governing Body and seeking to transfer the salary for a period
of 11 months, calculated at Rs.40,000/- per month, to the bank
account of the petitioner on petitioner submitting copy of the
passbook.
3. Dr.Sebastian Champappilly, the learned counsel for
the petitioner, would contend that the refusal on the part of the
respondents to extend salary to the petitioner is only on the
basis of the alleged interdiction contained in Ext.P4 Circular
dated 30.10.2020. According to him, the said interdiction would
not apply to the case of the petitioner for the simple reason that
the petitioner was appointed as a Joint Director on 23.03.2020
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as evidenced by Ext.P1 and has also taken charge as a Joint
Director on 01.06.2020. In other words, Ext.P4 having been
issued after the petitioner had joined service, the same would
not have any application, especially when Ext.P4 was not having
any retrospective operation.
4. Per contra , the learned Government Pleader,
Sri.Dinesh Thankappan, sought to sustain the impugned order
at Ext.P33, contending that once the Circular at Ext.P4 was
issued, every appointment like that of the petitioner herein
requires to be approved by the Cabinet. Hence, since admittedly
the appointment of the petitioner having not been approved till
date, he was not entitled for any salary. A separate counter
affidavit is also filed on behalf of respondents 2 and 4, and the
learned counsel for the said respondents also sought to sustain
the impugned orders with reference to the contents of the afore
counter.
5. I have considered the rival contentions as well as the
connected records.
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6. The short issue arising for consideration in this writ
petition is as to whether the petitioner requires to be disbursed
with salary for the period during which he served as a Joint
nd
Director of the 2 respondent. There is no dispute about the
factual position that the petitioner has worked as the Joint
nd
Director of the 2 respondent for the period from 01.06.2020 till
31.03.2022. A reading of Ext.P33 would show that the salary is
not being fixed, by placing reliance on Ext.P4 Circular referred
to above. A reference to Ext.P4 would show that every proposal
for reappointment requires to be placed before and approved by
the Cabinet. True, as contended by the learned Government
Pleader and as stated in the counter affidavit filed by
respondents 2 and 4, the appointment of the petitioner has not
been approved by the Cabinet.
7. However, the core question arising for consideration
would be as to whether Ext.P4 would govern the field.
8. Admittedly, Ext.P4 is issued only on 30.10.2020. A
reading of Ext.P4 would also show that there is no retrospective
operation granted to the afore Circular. It is also to be noticed
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that a Circular in the nature of the one at Ext.P4 cannot also be
given any retrospective effect with reference to the afore
stipulations therein. The question require to be considered, with
reference to the date of the petitioner’s appointment pursuant
to Ext.P1 order dated 23.03.2020. The petitioner has contended
in the writ petition, which fact is also not disputed by any of the
nd
respondents, that he joined the service of the 2 respondent as
Joint Director on 01.06.2020. When that be so, especially when
Ext.P4 is issued only on 30.10.2020, I am of the opinion that the
interdiction contained in Ext.P4 as regards the requirement for
placing the proposal for reappointment before the Cabinet would
not apply to the case of the petitioner’s reappointment pursuant
to Ext.P1 order dated 23.03.2020.
9. Viewed in that angle, the question arises as to how
the salary of the petitioner requires to be fixed. The minutes of
the Governing Body at Ext.P2 also makes reference to
Government Order at Ext.P3 dated 19.10.2016. Paragraph
number 2 of the afore Government Order specifically refers to
the provisions of Rule 100 of the Part III KSR and lays down that
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the re-employment pay of the persons who have been re-
employed after retirement from a post with pay scales currently
in force will be “the pay drawn at the time of retirement minus
basic pension”. With reference to Ext.P3, it is the submission
made by Dr.Sebastian that the petitioner’s entitlement has been
specifically referred to in Ext.P22 email addressed to the
Transport Commissioner dated 28.09.2022, as per which, an
amount of Rs.16,80,133/- requires to be paid to the petitioner,
representing the salary for the period of 22 months' service put
in by the petitioner.
10. At the same time, this Court notices that the afore
requirement of the petitioner was not considered or adjudicated
by any of the authorities, perhaps proceeding on the basis that
Ext.P4 would govern the issue.
10. Insofar as this Court has found that Ext.P4 will not
have any application as far as the petitioner’s re-employment is
concerned, I am of the opinion that the matter requires to be
considered with specific reference to the entitlement voiced by
the petitioner at Ext.P22 email.
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Hence, this writ petition would stand allowed as under:-
th
i. Ext.P33 issued by the 4 respondent is set aside.
ii. There will be a direction to respondents 4 and 5 to
consider the claim made by the petitioner in
Ext.P22 email dated 28.09.2022 with specific
reference to the Government Order at Ext.P3 dated
19.10.2016 as also the findings in this judgment.
iii. The orders as above to be issued as expeditiously
as possible, at any rate, within a period of four
months from today.
iv. Needless to say that the petitioner is required to be
granted an opportunity of being heard in the
matter, if there is any dispute as regards
quantification pointed out in Ext.P22.
Sd/-
HARISANKAR V. MENON
JUDGE
AP
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APPENDIX OF WP(C) NO. 32705 OF 2022
PETITIONER EXHIBITS
Exhibit P1 (TRUE COPY OF THE PROCEEDINGS OF THE 5TH RESPONDENT
IN FILE NO.MIT3/6/2020 TC AND ORDER
NO.MIT3/6/2020-TC DATED 23-03-2020)
Exhibit P2 (TRUE COPY OF THE PROCEEDINGS OF THE GOVERNING BODY
OF THE 2ND RESPONDENT DATED 04-11-2020)
Exhibit P3 (TRUE COPY OF GOVERNMENT ORDER ISSUED VIDE G.O.(P)
NO. 159/216/FIN DATED 19-10-2016).
Exhibit P4 (TRUE COPY OF CIRCULAR NO. 64/2020/FIN DATED 30-
10-2020).
Exhibit P5 (TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER
TO THE 5TH RESPONDENT DATED 8-12-2020),
Exhibit P6 (RELEVANT PART OF THE MINUTES OF THE MEETING OF
THE 16TH GOVERNING BODY OF THE 2ND RESPONDENT
INSTITUTE DATED 03-03-2021),
Exhibit P7 (TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER
TO THE 5TH RESPONDENT DATED 24-03-2021).
Exhibit P8 (TRUE COPY OF THE REPORT GIVEN BY THE PETITIONER
TO THE 5TH RESPONDENT DATED 10-08-2021).
Exhibit P9 (TRUE COPY OF THE REPORT DATED 20-10-2021 GIVEN BY
THE PETITIONER TO THE 5TH RESPONDENT).
Exhibit P10 (TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER
TO THE 5TH RESPONDENT DATED 10-11-2021).
Exhibit P11 (TRUE COPY OF THE LETTER ISSUED BY THE PETITIONER
TO THE 5TH RESPONDENT DATED 14-12-2021),
Exhibit P12 (TRUE COPY OF THE REQUEST MADE BY THE PETITIONER
TO THE 5TH RESPONDENT DATED 07-02-2022).
Exhibit P13 (TRUE COPY OF THE REQUEST MADE BY THE PETITIONER
TO THE 2ND RESPONDENT DATED 08-02-2022
Exhibit P14 (TRUE COPY OF THE LETTER DATED 24-02-2022 ISSUED
BY THE 5TH RESPONDENT TO THE PETITIONER).
Exhibit P15 (TRUE COPY OF THE REQUEST GIVEN BY THE PETITIONER
TO THE 5TH RESPONDENT DATED 07-03-2022).
Exhibit P16 (TRUE COPY OF THE REQUEST GIVEN BY THE PETITIONER
TO THE 5TH RESPONDENT DATED 15-03-2022).
Exhibit P17 (TRUE COPY OF THE REQUEST GIVEN BY THE PETITIONER
TO THE 5TH RESPONDENT DATED 31-03-2022).
Exhibit P18 (TRUE COPY OF THE LETTER OF REQUEST GIVEN BY THE
PETITIONER TO THE 2ND RESPONDENT DATED 25-06-
2022).
Exhibit P19 (TRUE COPY OF THE ACKNOWLEDGEMENT CARD EVIDENCING
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RECEIPT OF THE REPRESENTATION BY THE 5TH
RESPONDENT).
Exhibit P20 (TRUE COPY OF THE ACKNOWLEDGEMENT CARD EVIDENCING
RECEIPT OF THE REPRESENTATION BY THE SECRETARY OF
THE 2ND RESPONDENT).
Exhibit P21 (TRUE COPY OF THE ACKNOWLEDGEMENT CARD EVIDENCING
RECEIPT OF THE REPRESENTATION BY THE 1ST
RESPONDENT).
Exhibit P22 (TRUE COPY OF THE EMAIL SENT BY THE PETITIONER TO
THE 5TH RESPONDENT DATED 28-09-2022).
Exhibit P-23 TRUE COPY OF THE LETTER SENT TO THE 5TH RESPONDENT
DATED 16-06-2020
Exhibit P-24 TRUE COPY OF THE MINUTES OF THE 15TH GENERAL BODY
MEETING INSTITUTE OF DRIVER TRAINING AND RESEARCH
(IDTR) DATED 04-11-2020 (WITH FILE ENDORSEMENT NO.
MIT3/11/2020-TC DATED 23-11-2020)
Exhibit P-25 TRUE COPY OF THE VIGILANCE CLEARANCE LETTER ISSUED
BY THE DIRECTOR, VIGILANCE AND ANTICORRUPTION
BUREAU TRIVANDRUM VIDE NO.NOC-26831/2020/DVACB
DATED 12-01-2021
Exhibit P-26 TRUE COPY OF THE SANCTION GIVEN BY THE FINANCE
DEPARTMENT VIDE FILE NO.1984612/I AND PW-A1/22-FIN
DATED 02-12-2022
Exhibit P-27 TRUE COPY OF THE ORDER NO.MIT3/6/2020-TC DATED 24-
11-2022
Exhibit P-28 TRUE COPY OF THE COMMUNICATION RECEIVED FROM THE
ENQUIRY OFFICER FOR PERSONAL HEARING DATED 10-03-
2023
Exhibit P-29 TRUE COPY OF THE LETTER ISSUED BY THE ENQUIRY
OFFICER DATED 16-03-2023
Exhibit P-30 TRUE COPY OF THE WRITTEN SUBMISSION MADE BEFORE
THE ENQUIRY OFFICER DATED 31-03-2023
Exhibit P-31 TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE
4TH RESPONDENT DATED 22-09-2023
Exhibit P-32 TRUE COPY OF THE REPLY TO THE SHOW CAUSE NOTICE
DATED 13-10-2023
Exhibit P-33 TRUE COPY OF THE COMMUNICATION DATED 03-03-2026
ISSUED ON BEHALF OF THE 4TH RESPONDENT
Exhibit P-34 TRUE COPY OF THE DETAILED REPLY GIVEN BY ME TO THE
JOINT DIRECTOR OF THE 4TH RESPONDENT INSTITUTE
DATED 12-03-2026
RESPONDENT EXHIBITS
Exhibit R4(a) TRUE COPY OF THE PROCEEDINGS OF THE 4TH RESPONDENT
AS PER ORDER NO. MIT 3/6/2020-TC DATED 24.11.2022
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Exhibit R4(b) TRUE COPY OF THE COMPLAINT SUBMITTED BY SRI. APPU
P.M, THE TRAINING COORDINATOR IDTR DATED
30.03.2023
Exhibit R4(c) TRUE COPY OF THE SHOW CAUSE NOTICE DATED 22.09.2023
ISSUED TO THE PETITIONER