Disposed

Latha K.K. v. State of Kerala

Kerala HC12 Oct 2012WP(C)/22236/2012

Case brief

AI extract

What is this about?

This judgment addresses a grievance regarding the non-approval of a petitioner's service from 2003 to 2006. The court did not decide the merits but directed the first respondent to consider a pending revision petition after hearing the petitioner and the fifth respondent within three months.

What did the court decide?

Direction to the first respondent to consider the pending revision petition and pass orders after hearing the petitioner and the fifth respondent within three months.

Latha K.K. 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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FRIDAY, THE 12TH DAY OF OCTOBER 2012/20TH ASWINA 1934

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WP(C).No. 22236 of 2012 (D)

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PETITIONER:

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==========

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LATHA K.K., AGED 37 YEARS

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H.S.A. (MATHS), S.N.TRUST HIGHER SECONDARY SCHOOL CHERIYANAD, CHENGANNUR, ALAPPUZHA-689508.

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BY ADV. SRI.KALEESWARAM RAJ

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RESPONDENTS:

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===========

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1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT THIRUVANANTHAPURAM-695001.

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2. DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM-695001.

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3. DEPUTY DIRECTOR OF EDUCATION PATHANAMTHITTA-689001.

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4. DISTRICT EDUCATIONAL OFFICER THIRUVALLA.

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5. THE MANAGER

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S.N.TRUST SCHOOLS, KOLLAM-691001.

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BY SRI.M.A.FAYAZ, SR. GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-10-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WPC NO: 22236/2012

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APPENDIX

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PETITIONERS' EXHIBITS:

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P1	:	COPY OF THE APPOINTMENT ORDER DATED 17.10.2001 OF THE PETITIONER.
P2	:	COPY OF THE APPOINTMENT ORDER DATED 14.6.2002.
P3	:	COPY OF THE APPOINTMENT ORDER DATED 17.9.2002.
P4	:	COPY OF THE ORDER DATED 9.6.2003 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.
P5	:	COPY OF THE ORDER DATED 5.7.2004 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.
P6	:	COPY OF G.O(MS) NO.19/09/G.EDN DATED 9.2.2009.
P7	:	COPY OF THE REVISION PETITION DATED 9.11.2009 SUBMITTED BEFORE THE GOVERNMENT.
P8	:	COPY OF G.O(RT) NO.3169/2011 DATED 5.8.2011.
P9	:	COPY OF THE APPOINTMENT ORDER DATED 7.7.2004 CONTAINING ENDORSEMENT DATED 1.9.2011.
P10	:	COPY OF THE RELEVANT PAGES OF THE SERVICE BOOK OF THE PETITIONER.
P11	:	COPY OF THE JUDGMENT DATED 17.1.2012 IN W.P.(C) NO.14278/2009.

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RESPONDENTS' EXHIBITS : N I L

/TRUE COPY/

P.A.TO JUDGE

P.R.RAMACHANDRA MENON, J.

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W.P.(c) No. 22236 OF 2012

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- - - - Dated this the 12^th day of October , 2012

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JUDGMENT

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The grievance is in respect of non-approval of the service of the petitioner as H.S.A.( Maths) from 24.06.2003 to 01.06.2006. The alleged reason as conveyed to the petitioner is that, the appointment effected by the Manager was without giving any placement to the protected teacher. It is contended that the respondents 1 to 4 had never forwarded any list of protected teacher to the Manager and as such, there was no lapse on the part of the Manager in any manner. Hence, the approval of the appointment of the petitioner vide Ext.P8 confining the same to be effective only from 1.02.2006 is liable to be intercepted, so as to give effect from the original date.

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The learned counsel for the petitioner submits that, the petitioner has already preferred Ext.P7 revision petition, which is pending consideration before the first respondent. It is also stated that the issue is covered by the verdicts passed by this Court in Moosakutty

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W.P.(C)No.22236/2012

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v. District Educational Officer, Wandoor ( 2009(3)KLT 863), Nadeera

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v. State of Kerala ( 2011(3) KLT 790 ) and Unninarayanan v. State of

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Kerala ( 2009(2) KLT 604).

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Considering the limited extent of relief now pressed before this Court, to cause finalisation of Ext.P7 revision, there will be a direction to the first respondent to consider Ext.P7 produced along with the writ petition and pass appropriate orders in accordance with law, after giving an opportunity of hearing to the petitioner and also to the 5^th respondent. This shall be done at the earliest and at any rate, within three months from the date of receipt of a copy of this judgment.

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Petitioner shall produce a copy of this judgment along with a copy of the writ petition before the first respondent for further steps.

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P.R.RAMACHANDRA MENON JUDGE

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sv.

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W.P.(C)No.22236/2012 3

Latha K.K. v. State of Kerala

Case brief

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Latha K.K. v. State of Kerala

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