Allowed

Bincy Peter v. State of Kerala

Kerala HC5 Dec 2012WP(C)/1369/2011

Case brief

AI extract

What is this about?

This writ petition concerns the non-approval of the petitioner's appointment as UPSA in a school for the period from 05.06.2007 to 31.03.2008. The Court held that the petitioner is entitled to regularisation of her service for that period with back wages, pending the outcome of a pending SLP before the Supreme Court.

What did the court decide?

Petitioner's service regularised from 05.06.2007 to 31.03.2008 on regular scale; differential salary and benefits payable subject to undertaking for reimbursement if State wins pending SLP.

Bincy Peter Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2012)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON

¶4

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

¶5

WP(C).No. 1369 of 2011 (U)

¶6

PETITIONER(S) :

¶7

BINCY PETER, U.P.S.A., M.S.M.U.P.SCHOOL, NIRANAM,

¶8

THIRUVALLA - 689 101.

¶9

BY ADVS.SRI.MVS.NAMBOOTHIRY

¶10

SRI.POOVAMULLE PARAMBIL ABDULKAREEM

¶11

RESPONDENT(S) :

¶12

1. STATE OF KERALA - REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT,

¶13

THIRUVANANTHAPURAM - 695 001.

¶14

2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM - 695 001.

¶15

3. THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA - 689 101.

¶16

4. THE ASSISTANT EDUCATIONAL OFFICER, THIRUVALLA-689 101.

¶17

5. THE MANAGER, EDUCATIONAL AGENCY, CATHOLIC ARCHDIOCESE THIRUVALLA-689 101.

¶18

6. DEPUTY DIRECTOR OF EDUCATION, PATHANAMTHITTA AT THIRUVALLA-689 101.

¶19

R1 TO R4 & R6 BY SMT.LOWSY A., GOVERNMENT PLEADER

¶20

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

¶21

AMV

¶22

WP(C).No. 1369 of 2011 (U)

¶23

APPENDIX

¶24

PETITIONER(S) EXHIBITS :

¶25

P1.	:	COPY OF THE APPOINTMENT ORDER OF THE PETITIONER WITH APPROVAL GRANTED BY THE 4TH RESPONDENT.
P2.	:	COPY OF G.O.(RT) NO.2038/2008/GEN.EDN. DATED 30.04.2008.
P3.	:	COPY OF THE APPEAL DATED 11.06.2008 SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 3RD RESPONDENT.
P4.	:	COPY OF THE ORDER NO.B2-4543/08/K.DIS DATED 26.08.2008.
P5.	:	COPY OF THE APPEAL FILED BY THE 5TH RESPONDENT BEFORE THE 2ND RESPONDENT.
P6.	:	COPY OF THE ORDER NO.F3/72385/08/K.DIS DATED 16.12.2008.
P7.	:	COPY OF ORDER NO.K.DIS.B4/789/09 DATED 29.03.2009 ISSUED BY THE DY.DIRECTOR OF EDUCATION, KOTTAYAM.
P8.	:	COPY OF THE PETITIONER'S APPOINTMENT ORDER DATED 05.06.2008.
P9.	:	COPY OF ORDER NO.F3/29291/2009/K.DIS-DPI DATED 29.05.2009.
P10.	:	COPY OF THE COMPLAINT FILED BY THE PETITIONER BEFORE THE HON'BLE LOK AYUKTA DATED 11.06.2009.
P11.	:	COPY OF THE LETTER DATED 04.07.2007 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.
P12.	:	COPY OF THE ORDER DATED 02.11.2009 IN IA NO.572/2009 IN COMPLAINT NO.615/2009 OF THE HON'BLE LOK AYUKTA.
P13.	:	COPY OF THE LETTER NO.B/2627/09 DATED 03.03.2010 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.
P14.	:	COPY OF THE ORDER DATED 13.12.10 IN COMPLAINT NO.615/2009 OF THE HON'BLE LOK AYUKTA.
RESP	ONDE	NTS EXHIBITS :

¶26

R2(A) : COPY OF ORDER NO.B/295/09/K.DIS. DATED 05.1.2011

/TRUE COPY/

P.A.TO JUDGE

AMV

P.R.RAMACHANDRA MENON, J.

¶31

W.P.(C) NO. 1369 of 2011 (U)

¶32

Dated this the 5^th day of December, 2012

¶33

JUDGMENT

¶34

Non approval of appointment of the petitioner as 'UPSA' in the 5^th respondent school, for the period from 05.06.2007 to 31.03.2008, is the subsistent issue to be considered in this writ petition. There was a grievance with regard to the subsequent period from 02.06.2008 to 16.07.2011 as well, which is stated as redressed as on date. With regard to the former spell, the approval has been given only on daily wages and it was only with effect from 01.06.2008, that regular scale has been given. The denial of approval even in respect of the subsequent period restricing the benefit only on daily wages in respect of the service prior to the vacation and granting of regular scale only after the commencement of the academic year, with reference to G.O.(P) No. 104/2008/Gen.Edn. dated 10.06.2008 had come up for consideration before this Court in Unninaryanan Vs. State

¶35

of Kerala [2009 (2) KLT 604]; whereby a clear finding was rendered in favour of the petitioners therein. But the said

¶36

¶37

W.P.(C) NO. 1369 of 2011 (U)

¶38

decision is under challenge before the Apex Court and the SLP preferred is still pending. Taking note of similar circumstances involved in other cases, this Court has already disposed of such matters enabling approval of the service based on the decision rendered by the Division Bench of this Court and ordering disbursement of the due amounts on giving an undertaking by the petitioners to the effect that in the event, the SLP pending before Supreme Court comes to be decided in favour of the department, the salary and such other benefits drawn will be reimbursed, as and when demanded.

¶39

Coming to the case in hand, it appears that the petitioner stands on a better footing, as the dispute is in respect of the service even prior to the date of the G.O. It is also brought to the notice of this Court that, the G.O. clearly stipulates that the same is having only prospective effect. In the said circumstance, this Court finds that the petitioner is also entitled to succeed to the above extent. The service of the petitioner in respect of the period from 05.06.2007 to 31.03.2008 shall stand regularised, on a regular scale and the

¶40

W.P.(C) NO. 1369 of 2011 (U)

¶41

¶42

differential extent of salary and such other monetary benefits shall be disbursed to her on giving an undertaking that in the event of the SLP pending before the Supreme Court comes to be allowed in favour of the State, the petitioner shall also reimburse the amount drawn forthwith. The above proceedings shall be finalised at the earliest, at any rate, within 'six weeks' from the date of receipt of a copy of this judgment.

¶43

The writ petition is disposed of accordingly.

¶44

sd/- P.R.RAMACHANDRA MENON, JUDGE

¶45

AMV

Bincy Peter v. State of Kerala

Case brief

What is this about?

What did the court decide?

Bincy Peter v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Binu Thomas Vs Sree Chitra Thirunal College of Engineer

E.M.Meenakshi Vs United India Insurance Company

Mini Mol Vs State of Kerala

Kerala State Electricity Board Vs K.S.Damodaran Namboothiri

Mini A.J. Vs Government of Kerala

A.Nazeera Beevi Vs Government of Kerala