Partly allowed

B.B.Subha v. the State of Kerala

Kerala HC7 Nov 2012WP(C)/19088/2012

Case brief

AI extract

What is this about?

The High Court directed the District Educational Officer to reconsider the petitioner's appeal petition for appointment approval for the second spell in light of the order passed for the first spell. The court also ordered salary disbursement for the first spell pending refund to the State in case of reversal. The petition was disposed of.

What did the court decide?

Direction to the 1st respondent to consider the petitioner's appeal petition for the 2nd spell and finalize it within three months; order for salary disbursement for the 1st spell pending refund.

B.B.Subha Vs the State 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 7TH DAY OF NOVEMBER 2012/16TH KARTHIKA 1934

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WP(C).No. 19088 of 2012 (I)

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PETITIONER :

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B.B.SUBHA, L.P.S.A, AMRITA U.P.SCHOOL, PAVUMBA KARUNAGAPPALLY, KOLLAM DISTRICT - 690574.

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BY ADVS.SRI.M.V.BOSE SRI.VINOD MADHAVAN SMT.NISHA BOSE

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RESPONDENT(S):

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1. THE STATE OF KERALA

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REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT

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GOVERNMENT SECRETARIAT,

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THIRUVANANTHAPURAM, PIN - 695 001.

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2. THE DIRECTOR OF PUBLIC INSTRUCTION

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THIRUVANANTHAPURAM, PIN - 695 001.

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3. THE DISTRICT EDUCATIONAL OFFICER,

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KOLLAM, PIN - 691 001.

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4. THE ASSISTANT EDUCATIONAL OFFICER,

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KARUNAGAPPALLY - 690 518.

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R1 TO R4 BY GOVT. PLEADER SMT. K.A. LOWSY

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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...2/-

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WP(C).No. 19088 of 2012 (I)

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APPENDIX

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PETITIONERS' EXHIBITS :

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EXT.P-1	TRUE COPY OF THE ORDER OF THE AEO (ASSISTANT EDUCATIONAL OFFICER) DATED 08.09.2005.
EXT.P-2	TRUE COPY OF THE APPOINTMENT ORDER DATED 09.09.2005.
EXT.P-3	TRUE COPY OF THE EXTRACT OF THE ORDER NO.C 5732/05 DATED 20.12.2005 OF THE 4TH RESPONDENT.
EXT.P-4	TRUE COPY OF THE ORDER DATED 07.09.2007 BY THE DISTRICT EDUCATIONAL OFFICER.
EXT.P-5	TRUE COPY OF THE ERRATUM DATED 29.02.2008 ISSUED BY DEO.
EXT.P-6	TRUE COPY OF THE APPEAL MEMORANDUM DATED 07.07.2009 BEFORE THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM.
EXT.P-7	TRUE COPY OF THE ORDER NO.F4/66635/09/K.DIS DATED 10.2.2011 OF THE 2ND RESPONDENT.
EXT.P-8	TRUE COPY OF THE PETITION BEFORE THE GOVERNMENT.
EXT.P-9	TRUE COPY OF THE LETTER OF THE 1ST RESPONDENT TO THE 2ND RESPONDENT DATED 25.04.2011.
EXT.P-10	TRUE COPY OF THE GOVERNMENT ORDER G.O (P) NO.56/11/G EDN. DATED 26.02.2011.

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RESPONDENTS' EXHIBITS : NIL

//TRUE COPY//

P.A. TO JUDGE

P.R. RAMACHANDRA MENON, J.

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W.P.(C). No.19088 of 2012

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Dated this the 7^th day of November, 2012

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JUDGMENT

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The petitioner has approached this Court with the following

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prayers:

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“i. To call for the entire records leading upto Ext.P3 and P7 and to quash the same by the issuance of a writ of certiorari or any other writ, direction or order.

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ii. To issue a writ of mandamus compelling the respondents to accord approval to the appointment of the petitioner right from 09.09.2005 and to disburse the entire salary accrued to her credit till 31.05.2011.

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iii. To issue any other order or direction as this Honourable Court may deem fit and proper in the nature and circumstances of the case;”

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When the matter is taken up for consideration, it is brought to the notice of this Court that, approval of appointment of the petitioner as LPSA in respect of the 1^st spell, i.e., the period from 9.9.2005 to 31.3.2006 stands covered by Unni Narayanan v. State of Kerala [2009 (2) KLT 604] and

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also several other judgments passed by this Court following the

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W.P.C. No. 19088 of 2012 -2-

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said dictum, so as to enable the petitioner to have the benefit, on giving an undertaking to the effect that, in the event of the SLP filed by the State before the Supreme Court happens to be decided in favour of the State/Revenue, the petitioner will reimburse the monetary benefits obtained pursuant to this verdict. It is ordered accordingly and the balance amount after giving the amount already been disbursed to the petitioner shall be released at the earliest, at any rate, within 'two months' from the date of receipt of a copy of this judgment.

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With regard to the 2^nd spell i.e., the period from 1.6.2006 to 31.5.2011 as LPSA, the learned counsel for the petitioner submits that the petitioner has already approached the 1^st respondent by filing Ext.P8 and that the petitioner will be satisfied, if a direction is given to the 1^st respondent to consider the same also in the light of the relief now granted by this Court in respect of the first spell.

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Heard the learned Government Pleader as well.

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After hearing, the 1^st respondent is directed to consider

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Ext.P8 in the light of the relevant facts and circumstances and

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W.P.C. No. 19088 of 2012

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-3-

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also the order passed in respect of the 1^st spell. This shall be finalized at the earliest, at any rate, within 'three months' from the date of receipt of a copy of this judgment.

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The petitioner shall produce a copy of the judgment, along with a copy of the writ petition before the 1^st respondent for further steps.

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Writ petition is disposed of.

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P.R. RAMACHANDRA MENON, JUDGE.

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Kp/-

B.B.Subha v. the State of Kerala

Case brief

What is this about?

What did the court decide?

B.B.Subha v. the State of Kerala

Case brief

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