Allowed

L.Lekha v. State of Kerala

Kerala HC19 Dec 2012WP(C)/2941/2012

Case brief

AI extract

What is this about?

The Court allowed a writ petition seeking quashing of orders and directing approval of the petitioner's appointment as a High School Assistant with effect from 01.06.2007. The petitioner is directed to receive consequential benefits including arrears of salary.

What did the court decide?

Respondents directed to approve petitioner's appointment with effect from 1.6.2007 and grant consequential benefits including disbursement of arrears of salary within three months.

L.Lekha 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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WEDNESDAY, THE 19TH DAY OF DECEMBER 2012/28TH AGRAHAYANA 1934

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WP(C).No. 2941 of 2012 (P)

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PETITIONER(S):

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L.LEKHA, AGED 38 YEARS, D/O. M.P.KRISHNANKUTTY, HIGH SCHOOL ASSISTANT (MALAYALAM), MAITHEEN KUNJU LABBA MEMORIAL HIGHER SECONDARY SCHOOL, KANNANALLORE, KOLLAM DISTRICT, RESIDING AT LEKSHMI VIHAR, NEDUMPANA.P.O., KOLLAM DISTRICT.

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BY ADV. SRI.K.ABDUL JAWAD

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RESPONDENT(S):

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1. STATE OF KERALA, REP. BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001.

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2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAUPRAM - 695 001.

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3. DEPUTY DIRECTOR OF EDUCATION, KOLLAM - 691 001.

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4. DISTRICT EDUCATIONAL OFFICER, KOLLAM - 691 001.

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5. MANAGER MAITHEEN KUNJU LABBA MEMORIAL HIGHER SECONDARY SCHOOL, KANNANALLORE, KOLLAM DISTRICT - 691 001.

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BY GOVERNMENT PLEADER SRI.T.R.RAJESH

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 2941 of 2012 (P)

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APPENDIX

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PETITIONERS' EXHIBITS

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EXT. P1	COPY OF THE ORDER DATED 8.8.2007 PASSED BY THE 4TH RESPONDENT.
EXT. P2	COPY OF THE ORDER DATED 15.01.2008 PASSED BY THE 3RD RESPONDENT.
EXT. P3	COPY OF THE ORDER DATED 12.05.08 PASSED BY THE 2ND RESPONDENT.
EXT. P4	COPY OF THE ORDER DATED 07.10.2009 PASSED BY THE 1ST RESPONDENT.
EXT. P5	COPY OF THE GO(P)46/2006/G.EDN., DATED 01.02.2006.
EXT. P6	COPY OF THE CIRCULAR NO.38929/JI/2009/R.EDN., DATED 19.11.09 BY THE 1ST RESPONDENT.
EXT. P7	COPY OF THE REPRESENTATION TO THE RESPONDENT, THROUGH THE MINISTER FOR EDUCATION, KERALA ON 12.08.10 SUBMITTED BY THE PETITIONER.

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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. 2941 OF 2012

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Dated this the 19^th day of December , 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 records leading to Exts.P1 to P7 and to issue a writ of certiorari quashing Exts.P1 to P4 and P6;

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ii) To issue a writ of mandamus declaring that the appointment of the petitioner is entitled to be approved with effect from the original date of her appointment.

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iii) To issue a writ or order commanding the respondents 1 and 4 to approve the appointment of the petitioner with effect from 05-06-2006 or in the alternative from 01-06-07 onwards and to grant all consequential benefits including disbursement of arrears of salary; and

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iv) To issue such other writ direction or order as is deemed just and necessary under the

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W.P.(C)No.2941/2012

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circumstances of the case.”

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When the mater is taken up for consideration, the learned

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counsel for the petitioner submits that the issue is squarely covered by

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the decision as reported in Nadeera v. State of Kerala (2011(3) KLT 790).

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Heard the learned Government Pleader as well.

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After hearing both the sides, this Court finds that the

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petitioner is entitled to succeed, in view of the law declared by this Court as per the decision cited supra. In the said circumstance, there will be a direction to the respondents to approve the appointment of the petitioner with effect from 1.6.2007 and to grant all consequential benefits including disbursement of arrears of salary at the earliest, at any rate, within three months from the date of receipt of a copy of this judgment.

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Writ petition is allowed. No cost.

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P.R.RAMACHANDRA MENON JUDGE

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sv.

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W.P.(C)No.2941/2012 2

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W.P.(C)No.2941/2012 2

L.Lekha v. State of Kerala

Case brief

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L.Lekha v. State of Kerala

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