Disposed

P.Bindu v. State of Kerala

Kerala HC9 Nov 2012WP(C)/23414/2012

Case brief

AI extract

What is this about?

This writ petition concerned the finalization of an appointment order for education staff. The Court directed the Director of Education to consider the pending revision petition and pass appropriate orders within three months, ensuring a hearing for all concerned parties.

What did the court decide?

Directed the 1st respondent to consider the petitioner's revision petition and pass appropriate orders within three months after giving a hearing to all concerned.

P.Bindu 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 9TH DAY OF NOVEMBER 2012/18TH KARTHIKA 1934

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WP(C).No. 23414 of 2012 (B)

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PETITIONER(S):

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1. P.BINDU, HIGH SCHOOL ASSISTANT (MATHEMATICS), MATTANNUR HIGHER SECONDARY SCHOOL, MATTANNUR, KANNUR DISTRICT.

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2. M.K.SHEENA, -DO- -DO-

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3. SMITHA C.THOMAS, -DO- -DO-

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BY SRI.KRB.KAIMAL.SENIOR ADVOCATE ADV.SRI.B.UNNIKRISHNA KAIMAL SRI.V.MADHUSUDHANAN

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RESPONDENT(S):

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1. STATE OF KERALA,

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REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695 014.

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3. THE DEPUTY DIRECTOR OF EDUCATION,KANNUR-670 001.

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4. THE DISTRICT EDUCATIONAL OFFICER,THALASSERY-670 702.

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5. THE MANAGER,MATTANNUR HIGHER SECONDARY SCHOOL,

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MATTANNUR, KANNUR DISTRICT-670 702.

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6. SMT.C.M.BINDU,UPPER PRIMARY SCHOOL ASSISTANT, MATTANNUR HIGHER SECONDARY SCHOOL, MATTANNUR, KANNUR DISTRICT-670 702.

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R1 TO R4 BY SR GOVERNMENT PLEADER SRI.M.A.FAYAZ

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R6 BY ADV. SRI.V.A.MUHAMMED

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SRI.K.E.HAMZA

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-11-2012, ALONG WITH WPC.NO. 23570/2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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sts

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WP(C)NO.23414/2012

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APPENDIX

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PETITIONER(S) EXHIBITS

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EXHIBIT P1: TRUE COPY OF THE APPOINTMENT ORDER DATED 25-9-2000 ISSUED BY 5TH TO THE 1ST PETITIONER TOGETHER WITH ENDORSEMENT OF APPROVAL BY THE 4TH RESPONDENT

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EXHIBIT P2: TRUE COPY OF THE APPOINTMENT ORDER DATED 25-9-2000 ISSUED BY 5TH TO THE 2ND PETITIONER TOGETHER WITH ENDORSEMENT OF APPROVAL BY R4TH RESPONDENT

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EXHIBIT P3: TRUE COPY OF THE APPOINTMENT ORDER DATED 25-9-2000 ISSUED BY 5TH TO THE 3RD PETITIONER TOGETHER WITH ENDORSEMENT OF APPROVAL BY THE 4TH RESPONDENT

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EXHIBIT P4: TRUE COPY OF THE APPOINTMENT ORDER DATED 18-9-2000 ISSUED BY THE 5TH RESPONDENT TO THE 6TH RESPONDENT

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EXHIBIT P5: TRUE COPY OF THE APPOINTMENT ORDER DATED 1-8-2001 ISSUED BY THE 5TH RESPONDENT TO THE 6TH RESPONDENT

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EXHIBIT P6: TRUE COPY OF THE GOVERNMENT ORDER GO(MS)NO.132/09/G.EDN DATED 17-6-2009.

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EXHIBIT P7: TRUE COPY OF THE APPOINTMENT ORDER DATED 1-6-2010 ISSUED BY THE 5TH RESPONDENT TO THE 1ST PETITIONER.

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EXHIBIT P8: TRUE COPY OF THE APPOINTMENT ORDER DATED 1-6-2010 ISSUED BY THE 5TH RESPONDENT TO THE 2ND PETITIONER.

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EXHIBIT P9: TRUE COPY OF THE APPOINTMENT ORDER DATED 11-6-2010 ISSUED BY THE 5TH RESPONDENT TO THE 3RD PETITIONER.

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EXHIBIT P10: TRUE COPY OF THE STAFF FIXATION ORDER NO.D.DIS/6561/10/B4 DATED 29-3-2011 ISSUED BY THE 4TH RESPONDENT

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EXHIBIT P11: TRUE COPY OF THE ORDER NO.B1/12152/11 K.DIS DATED 16-2-2012 ISSUED BY THE 3RD RESPONDENT

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EXHIBIT P12: TRUE COPY OF THE ORDER NO.B4/2186/12/K.DIS DATED 13-3-2012 ISSUED BY THE 4TH RESPONDENT

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EXHIBIT P13: TRUE COPY OF THE REVISION PETITION DT.14-3-2012 FILED BY THE 6TH RESPONDENT BEFORE THE 2ND RESPONDENT

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EXHIBIT P14: TRUE COPY OF THE REVISION PETITION DT.14-3-2012 FILED BY THE 6TH RESPONDENT BEFORE THE 2ND RESPONDENT

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EXHIBIT P15: TRUE COPY OF THE STATEMENT DATED 11-7-2012 FILED BY THE 5TH RESPONDENT BEFORE THE 2ND RESPONDENT

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EXHIBIT P16: TRUE COPY OF THE CERTIFICATE DATED 22-9-2011 ISSUED TO THE 6TH RESPONDENT BY MADURA KAMARAJ UNIVERSITY.

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sts 2/-

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-2-

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WP(C)NO.23414/2012

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EXHIBIT P17: TRUE COPY OF THE GOVERNMENT ORDER GO(P) NO.165/2008G/EDN.DATED 19/9/2008

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EXHIBIT P18: TRUE COPY OF THE GOVERNMENT ORDER GO(P) NO.2/2009/G/EDN.DATED 5-1-2009.

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EXHIBIT P19: TRUE COPY OF THE GOVERNMENT ORDER GO(P)NO.114/10/G.EDN. DT.14-7-2010.

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EXHIBIT P20: TRUE COPY OF THE ORDER NO.EM4/32003/12/DPI DATED 11-9-2012 ISSUED BY THE 2ND RESPONDENT

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EXHIBIT P21: TRUE COPY OF THE REVISION PETITION DATED 22-9-2012 FILED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT

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RESPONDENTS' EXHIBITS :

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EXHIBIT R6(A) TRUE COPY OF THE LETTER NO.H2/54211/06/L.DIS DATED 14/10/2006 OF THE DIRECTOR

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EXHIBIT R6(B) TRUE COPY OF THE STATEMENT OF MARKS IN M.A.(ENGLISH)

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EXHIBIT R6(C) TRUE COPY OF THE PROVISIONAL CERTIFICATE DATED 28/8/2007

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EXHIBIT R6(D) TRUE COPY OF THE LETTER NO.B4/12592/11 OF THE DISTRICT EDUCATIONAL OFFICER DATED 3/2/2012.

/TRUE COPY/

P.A.TO.JUDGE

sts

P.R. RAMACHANDRA MENON, J.

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W.P.(C). Nos. 23414 &

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23570 of 2012

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Dated this the 9^th day of November, 2012

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JUDGMENT

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Petitioners in W.P.(C).No. 23414/2012 are Rule 51 A

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claimants, by virtue of their service under the Mattannur Higher Secondary School, Mattannur, Kannur District. There is a dispute with regard to the rights and liberties to have the appointment and approval of the service in respect of the concerned posts between the petitioners and 6^th respondent in W.P.(C). No.23414/2012, who happens to be the 3^rd respondent in W.P. (C).No.23570/2012, preferred by the Manager of the School.

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The grievance of the petitioners in W.P.(C).

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No.23414/2012 is that, without any regard to the actual facts and figures and also ignoring the relevant ratio to be applied with regard to the filling of the sanctioned posts, the better claim of the petitioners came to be rejected by the 2^nd respondent as per Ext.P20 order; which in turn is under challenge before the 1^st respondent by way of Ext.P21. The petitioners have approached

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W.P.C. Nos. 23414 & 23570 of 2012 -2-

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this Court for causing Ext.P1 to be finalized within a reasonable time.

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The case projected by the Manager of the School in the other case is that, in respect of the misconduct committed by the 3^rd respondent, she was placed under suspension and the request for extending the period of suspension beyond 15 days was considered and sanctioned by the 2^nd respondent. Instead of preferring an appeal as provided under the relevant provisions of law, if aggrieved, the 3^rd respondent approached the Government directly, leading to issuance of Ext.P6 order dated 27.09.2012 to keep Ext.P3 in abeyance, which forms the subject matter of challenge in W.P.(C).No.23570/2012. The learned counsel appearing for the 3^rd respondent submits that, pursuant to notice of hearing, the 3^rd respondent appeared before the 1^st respondent and the hearing is already over, which position stands conceded by the learned counsel for the petitioner/Manager as well.

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Heard the learned Govt. Pleader as well.

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After hearing, W.P.(C).No.23414/2012 is disposed of,

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directing the 1^st respondent to consider Ext.P21 and pass

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W.P.C. Nos. 23414 & 23570 of 2012 -3-

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appropriate orders in accordance with law, after giving an opportunity of hearing to all concerned at the earliest, at any rate, within 'three months' from the date of receipt of a copy of this judgment. Interim order passed by this Court on 8.10.2012 will continue till such time. The petitioners shall produce a copy of the judgment along with a copy of the writ petition before the

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1^st respondent for further steps.

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In W.P.(C).No.23570/2012, the 1^st respondent shall pass final orders pursuant to the hearing stated as held already as directed by this Court vide Ext.R3(b) judgment dated 27.9.2012 in W.P.(C).No.22498/2012. The said writ petition is disposed of

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as above.

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P.R. RAMACHANDRA MENON, JUDGE.

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Kp/-

P.Bindu v. State of Kerala

Case brief

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P.Bindu v. State of Kerala

Case brief

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