Single Judge order disposing of a writ petition seeking quashing of audit objections and declaration of entitlement to grade promotion including provisional service based on reference to earlier judgments.
Audit objections set aside; petitioner directed to be granted grade promotion reckoning provisional service.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 19TH DECEMBER 2008 / 28TH AGRAHAYANA 1930
WP(C).No. 3492 of 2006(N) -------------------------
PETITIONER(S):
MEENA GEORGE, AGED 40 YEARS, W/O.JOSEPH MATHEW, L.P.S.A., HOLY FAMILY HIGH SCHOOL, PARAMPUZHA, KOTTAYAM DIST., RESIDING AT OTTAPLAKKIL HOUSE, MANJOOR P.O., KOTTAYAM DISTRICT.
BY ADV. SRI.M.RAMASWAMY PILLAI SRI.P.M.JOSEPH
SRI.LAJI SAM ZACHARIAH
RESPONDENT(S):
GOVERNMENT PLEADER FOR R1 TO 4
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX
Ext.P1. True copy of the letter dated 15.11.2005 issued by the 3rd respondent.
Ext.P2. True copy of the Circular No.48172/J2/90/G.Edn./J. Dept dated 22.9.1990 Ext.P3. True copy of the Circular No.52373/J2/93/Edn./J.Dept dated 6.3.1998. Ext.P4. True copy of the represent ion dated 12.12.2005 by the petitioner before the 3rd respondent. Ext.P5. True copy of the order issued 3rd respondent dated 22.12.2005.
Ext.P6. True copy of the judgment in O.P.No.36489/00 dated 13.12.2004.
// true copy//
P.A to Judge
ANTONY DOMINIC,J.
W.P.(C).No. 3492/2006
Dated this the 19th day of December, 2008.
JUDGMENT
The prayers sought for in this writ petition are to quash Exts.P1 and P5 and to declare that the petitioner is entitled to have grade promotion reckoning the provisional service which she has rendered prior to her regular service. It is seen that similar issues have been decided by this court in various cases and the claim like one raised in this writ petition has been upheld in the judgments. Counsel for the petitioner makes reference to the W.A. No.1224/2005 and WP(c).No.15147/05 in this regard.
Therefore, it is directed that the audit objection evidenced by Exts.P1 and P5 shall stand set aside and the petitioner will be entitled to grade promotion reckoning his provisional service.
Writ petition is disposed of as above.
(ANTONY DOMINIC) JUDGE
vi/
(ANTONY DOMINIC)
JUDGE
vi/
2 issues framed by the court
Whether the petitioner is entitled to grade promotion reckoning her provisional service rendered prior to regular service.
Whether the audit objections evidenced by Ext.P1 and P5 should be set aside to grant the promotion.
Colour shows how this judgement treated each authority
W.A. No.1224/2005 and WP(c).No.15147/05Referred¶28
1 provisions across 1 enactments
Meena George
The State of Kerala
The Deputy Director of Education, Kottayam
The District Educational Officer, Kottayam
The Accountant General (A & E), Kerala
Antony Dominic
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
