Allowed

A.Nazeera Beevi v. Government of Kerala

Kerala HC5 Dec 2012WP(C)/1268/2012

Case brief

AI extract

What is this about?

The High Court allowed a writ petition challenging the District Educational Officer's order of non-approval for regularizing a part-time High School Assistant. Relying on Unni Narayanan, the court granted regularization effective the appointment date subject to an undertaking to reimburse salary if the underlying SLP succeeds.

What did the court decide?

Petitioner granted approval on regular basis w.e.f. 04.06.2008 on scale of pay, after undertaking to reimburse salary if SLP against Unni Narayanan allowed.

A.Nazeera Beevi Vs Government of Kerala — Pension and Retirement Benefits | Kerala HC (2012)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON

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WEDNESDAY, THE 5TH DAY OF DECEMBER 2012/14TH AGRAHAYANA 1934

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WP(C).No. 1268 of 2012 (G)

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PETITIONER(S):

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A.NAZEERA BEEVI, HIGH SCHOOL ASSISTANT SREE SETHUPARVATHI BHAI HIGH SCHOOL, KADAKKAVOOR THIRUVANANTHAPURAM.

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BY ADV. SRI.P.N.MOHANAN

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RESPONDENT(S):

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1. GOVERNMENT OF KERALA

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REPRESENTED BY SECRETARY TO GOVERNMENT, SECRETARIAT THIRUVANANTHAPURAM-695001.

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2. DEPUTY DIRECTOR OF EDUCATION

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THIRUVANANTHAPURAM-695 001.

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3. DISTRICT EDUCATIONAL OFFICER

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ATTINGAL-695 101, THIRUVANANTHAPURAM.

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4. MANAGER

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SREE SETHUPARVATHI BHAI HIGH SCHOOL

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KADAKKAVOOR-696 306, THIRUVANANTHAPURAM.

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BY GOVERNMENT PLEADER SMT.LOWSY.A.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 1268 of 2012 (G)

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APPENDIX

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PETITIONER(S) EXHIBITS

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EXT.P1 : COPY OF THE APPOINTMENT ORDER AND THE ORDER OF APPROVAL DTD. 22.7.2010 OF THE DISTRICT EDUCATIONAL OFFICER. EXT.P2 : COPY OF THE JUDGMENT REPORTED IN 2009(2) KLT, 604. EXT.P3 : COPY OF THE G.O.(P)NO.56/11, G.EDN., DTD.26.2.2011. EXT.P4 : COPY OF THE ORDER DTD.20.8.2011 OF THE 1ST RESPONDENT. EXT.P5 : COPY OF THE ORDER DTD.5.6.2011 OF THE DISTRICT EDUCATIONAL OFFICER. EXT.P6 : COPY OF THE ORDER DTD.9.6.2011 OF THE DEPUTY DIRECTOR.

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RESPONDENTS' EXHIBITS : NIL

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//TRUE COPY// P.A TO JUDGE.

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stu

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P.R. RAMACHANDRA MENON J.

JUDGMENT

The petitioner, who was appointed as 'Part-Time

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HSA' on 04.06.2008 vide Ext.P1 order, challenges Ext. P5

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order of the 3^rd respondent, for not- approving her appointment from '04.06.2008 to 31.03.2009 ' on regular basis and seeks for a direction to approve the service w.e.f. 04.06.2008 on a Scale of pay.

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The learned Counsel for the petitioner submits that, in view of the dictum laid down by a Division Bench of this Court in Unni Narayanan vs. State of Kerala (2009(2) KLT 604), the petitioner is entitled to get approval from the date of appointment i.e. from 04.06.2006. The learned counsel further submits that, though an SLP is pending against the said verdict, similar matters were disposed of by this Court, with a direction that the dictum of the Division Bench in Unni Narayanan' s case (cited supra) shall be given effect to and approval can be granted to the petitioners on

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W.P.(C) No. 1268 of 2012

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: 2 :

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submitting an undertaking that, in the event of the Special Leave Petitions being allowed, salary will be reimbursed to the Government.

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In the said circumstances, the petitioner is also entitled to have similar relief and Ext. P5 is quashed accordingly. The petitioner will be granted approval on regular basis on scale of pay w.e.f. 04.06.2008, on giving an ' undertaking' that, in the event of the Special Leave Petitions challenging the judgment of this Court in Unni Narayanan v. State of Kerala ( 2009(2) KLT 604 ) are allowed, the petitioner will reimburse the amount drawn as salary. Appropriate orders shall be issued within a period of two months from the date of receipt of a copy of this judgment and the monetary benefits, less the amount already drawn, shall be disbursed accordingly.

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Writ Petition is allowed to the said extent. No cost.

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sd/- P. R. RAMACHANDRA MENON, (JUDGE)

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kmd

A.Nazeera Beevi v. Government of Kerala

Case brief

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A.Nazeera Beevi v. Government of Kerala

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