Disposed

Jyothirmayi P.V. v. State of Kerala

Kerala HC13 Dec 2012WP(C)/20085/2012

Case brief

AI extract

What is this about?

In a Writ Petition concerning seniority and appointment disputes within the Kerala education service, the Court directed the Director to dispose of pending revision petitions regarding seniority and the petitioner's appointment within three months after affording an opportunity of hearing to both parties.

What did the court decide?

Director of HSE directed to consider pending revision petitions on seniority and appointment, provide hearing to both parties, and pass final order within three months.

Jyothirmayi P.V. Vs 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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THURSDAY, THE 13TH DAY OF DECEMBER 2012/22ND AGRAHAYANA 1934

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WP(C).No. 20085 of 2012 (I)

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PETITIONER(S) :

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JYOTHIRMAYI P.V., AGED 42 YEARS NOW WORKING AS HSA (MATHEMATICS) CPPHM HIGHER SECONDARY SCHOOL, OZHUR, VELLACHAL P.O., TIRUR, MALAPPURAM DISTRICT.

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BY ADV. SRI.PAULSON THOMAS

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RESPONDENT(S) :

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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2. DIRECTOR OF HIGHER SECONDARY EDUCATION,

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HOUSING BOARD BUILDING, THIRUVANANTHAPURAM - 695 001.

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3. REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, KOZHIKODE - 673 001.

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4. MANAGER, CPPHM HIGHER SECONDARY SCHOOL, OZHUR, VELLACHAL P.O., TIRUR, MALAPPURAM DISTRICT - 676 505.

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5. HANEEFA T., HSST (ENGLISH), C.P.P.H.M.HIGHER SECONDARY SCHOOL, OZHUR VELLACHAL P.O., TIRUR , MALAPPURAM DISTRICT - 676 505.

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R1 - R3 BY SMT.K.T.LILLY, GOVERNMENT PLEADER R5 BY ADV. SRI.M.R.ANISON R5 BY ADV. SMT.K.P.GEETHA MANI R5 BY ADV. SRI.P.N.APPUKUTTAN R5 BY ADV. SMT.P.A.RINUSA R5 BY ADV. SMT.ANNIE JACOB

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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AMV

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WP(C).No. 20085 of 2012 (I)

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APPENDIX

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PETITIONER(S) EXHIBITS :

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EXT.P1 EXT.P2	COPY OF THE MSC DEGREE CERTIFICATE OF THE PETITIONER. COPY OF THE B.ED. DEGREE CERTIFICATE.
EXT.P3	COPY OF THE SET CERTIFICATE OF THE PETITIONER.
EXT.P4	COPY OF THE RELEVANT PORTION OF THE SENIORITY LIST OF TEACHERS OF THE HIGH SCHOOL SECTION.
EXT.P4(A)	COPY OF GO MS NO.142/08 DATED 18/8/2008.
EXT.P5	COPY OF THE RELEVANT PORTION OF SERVICES BOOK OF THE PETITIONER.
EXT.P6	COPY OF THE REPRESENTATION BEFORE THE 3RD RESPONDENT PREFERRED BY THE PETITIONER DATED 01/02/12.
EXT.P7	COPY OF THE AD CARD OF P6.
EXT.P8	COPY OF THE JUDGEMENT IN WPC.13147/2012 DATED 7/6/2012.
EXT.P9	COPY OF THE ORDER DATED 3/8/2012.
EXT.P10	COPY OF THE ORDER NO.ACD A4/33112/HSE/12 DATED 09.11.2012 PASSED BY THE 2ND RESPONDENT.
EXT.P11	COPY OF THE REVISION PETITION BEFORE GOVERNMENT.
RESPONDEN	TS' EXHIBITS :
EXT.R4A	COPY OF THE G.O.(MS) NO.11/2011/G.EDN. DATED 24.10.2011.
EXT.R4B	COPY OF THE STAFF FIXATION ORDER NO.B3/14024/2011 DT:14.12.2011.
EXT.R4C	COPY OF THE APPEAL DTD:23.08.2012 FILED BY THE PETITIONER.
EXT.R4D	COPY OF THE ORDER NO.ACD.A4/33112/HSE/12 DATED 09.11.2011 ISSUED BY THE DIRECTOR OF HIGHER SECONDARY EDUCATION.
EXT.R4E	COPY OF THE REVISION PETITION DATED 11.12.2012 FILED BEFORE THE SECRETARY TO GOVT., GENERAL EDUCATION, TRIVANDRUM.
EXT.R4F	COPY OF STAY PETITION DATED 11.12.2012 BEFORE THE SECRETARY TO GOVT, GENERAL EDUCATION, TRIVANDRUM.

/TRUE COPY/

P.A.TO JUDGE

AMV

P.R.RAMACHANDRA MENON, J.

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W.P.(C) NO. 20085 of 2012 (I)

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Dated this the 13^th day of December, 2012

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JUDGMENT

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The petitioner, now working as H.S.A (Mathematics) in the C.P.P.H.M Higher Secondary School, is the beneficiary of Ext.P9 order passed by the third respondent, whereby the Manager was given a specific direction to appoint the petitioner in the school as H.S.S.T (Mathematics). However, in respect of the claim for Seniority of the petitioner over the 5^th respondent, it was observed that, the same will be considered later by higher authorities.

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The Manager of the school had filed a revision petition against Ext.P9 before the second respondent, who passed Ext.R4 (d), (produced along with I.A No.16787/2012). As the same did not turn to be fruitful, the Manager approached the first respondent by filing Ext.R4(e) revision petition under Rule 92 of Chapter XIVA KER and the same is pending. The learned counsel for the petitioner submits that, in so far as the grievance of the petitioner with regard to the Seniority over the 5^th respondent

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W.P.(C) NO. 20085 of 2012 (I)

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does not stand rectified or dealt with by the concerned authorities, the petitioner has also filed a revision petition before the first respondent by way of Ext.P11 (produced along with I.A No.16840/2012). Both the learned counsel appearing for the parties submit that, the petitioner as well as the Manager will be satisfied, if a direction is given to the first respondent to consider and dispose of both the revision petitions after giving an opportunity of hearing within a reasonable time.

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Heard the learned Government Pleader as well.

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In the above circumstance, the first respondent is

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directed to consider Ext.R4(e) revision petition filed by the Manager along with Ext.P11 revision petition filed by the petitioner in respect of the concerned orders/proceedings and final order shall be passed, in accordance with law, after giving an opportunity of hearing to both the sides, at the earliest, at any rate, within 'three months' from the date of receipt of a copy of this judgment. The filling up of the post of H.S.S.T (Mathematics) shall only be pursuant to the final orders to be

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W.P.(C) NO. 20085 of 2012 (I)

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passed by the first respondent as aforesaid.

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The petitioner shall produce a copy of the judgment along

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with a copy of the writ petition and the I.As before the first

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respondent for further steps.

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The Writ Petition is disposed of.

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Sd/- P.R.RAMACHANDRA MENON, JUDGE

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AMV

Jyothirmayi P.V. v. State of Kerala

Case brief

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Jyothirmayi P.V. v. State of Kerala

Case brief

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