Allowed

P.Hemalatha v. Asst. Educational Officer

Kerala HC13 Feb 2012WP(C)/30106/2003

Case brief

AI extract

What is this about?

The petitioner challenged an order rejecting her appeal for approval of her appointment as a primary school teacher. The court held that since she did not claim financial benefits from the actual appointment date, the authorities must regularize her service from then.

What did the court decide?

Directing the authorities to accept the date of appointment (09.04.2001) as the date of approval, provided no financial benefits are claimed for the interim period.

P.Hemalatha Vs Asst. Educational Officer — Education and Admissions | 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 B.P.RAY

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MONDAY, THE 13TH DAY OF FEBRUARY 2012/24TH MAGHA 1933

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WPC.No. 30106 of 2003 (H)

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PETITIONER:

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P.HEMALATHA, PUNNAKKAD HOUSE, VALLIKKUNNU P.O., PARAPPANANGADI, MALAPPURAM. (L.P.S.A LOWER PRIMARY SCHOOL, VALLIKKUNNU, MALAPPURAM.)

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BY ADVS.SRI.V.G.ARUN

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RESPONDENTS:

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THE ASSISTANT EDUCATIONAL OFFICER, PARAPPANANGADI, MALAPPURAM.

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THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM.

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THE MANAGER, PARUTHIKKAD ALP SCHOOL, VALLIKKUNNU, MALAPPURAM.

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R3 BY SRI.P.RADHAKRISHNAN BY SRI.MADHU RADHAKRISHNAN BY SRI.K.S.ANIL KUMAR (VAIKOM) R1 & R2 BY SRI. P.V. ELIAS, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13-02-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WPC.No. 30106 of 2003 (H)

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: 2:

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT.P1 : TRUE COPY OF THE JUDGMENT IN O.P.NO. 29251/2000 DATED 18.10.2000.

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EXT.P2 : TRUE COPY OF THE APPOINTMENT ORDER DATED 09.04.2001.

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EXT.P3 : TRUE COPY OF THE JUDGMENT IN C.C.C. NO.271/2001 DATED 29.05.2001.

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EXT.P4 : TRUE COPY OF THE APPEAL BEFORE THE 2ND RESPONDENT DATED 01.10.2001.

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EXT.P5 : TRUE COPY OF THE ORDER NO.K.DIS.B4/8713/2001 DATED 15.07.2002.

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RESPONDENTS' EXHIBITS: NIL

//TRUE COPY//

P.A. TO JUDGE

B.P. RAY, J.

- - - - - - - - - - - - - - - - - W.P.(C) No.30106 of 2003

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- - - - - - - - - - - - - - - -

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Dated this the 13^th day of February, 2012.

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JUDGMENT

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Heard the learned counsel for the petitioner.

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The petitioner has filed this writ petition with the

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following prayers:

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to call for the records leading to Ext.P5 and quash the same by issue of a writ of certiorari or any other writ, direction or order.

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to direct respondents 1 and 2 to grant approval of appointment of the petitioner with effect from 10.04.2001.

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The petitioner is a claimant under Rule 51A of Chapter XIV-A of the Kerala Education Rules for appointment as primary school teacher in the school managed by the 3^rd respondent. Since the petitioner was not considered for appointment in the subsequent regular vacancy, the petitioner filed O.P. No. 29251 of 2000 before this Court. This Court as per order dated 18.10.2000 disposed of the Original Petition directing the first respondent to consider and pass orders on Ext.P4 representation. Since the directions in O.P. No. 29251 of 2000 was not complied with, the petitioner filed C.C.C No. 271 of 2001. By order dated 29.05.2001, this Court closed the C.C.C since the appointment order has been issued to the petitioner. Even though the petitioner was appointed on

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: 2:

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W.P.(C) No. 30106/2003

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09.04.2001, his appointment was approved only with effect from 06.06.2001. Aggrieved by the same, the petitioner filed an appeal before the 2^nd respondent and the same was rejected vide Ext.P5 order. It is the said order which is assailed in this writ petition.

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The learned counsel for the petitioner submits that the petitioner does not claim any financial benefits with effect from 09.04.2001 and he only seeks to get his service regularised with effect from 09.04.2001. Since the petitioner was appointed on 09.04.2001, I do not find any difficulty on the part of the authorities to count the service with effect from that date particularly when the petitioner does not claim any financial benefits for the said period. Therefore, I direct the authorities to accept the date of appointment of the petitioner as date of approval viz., 09.04.2001.

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With the above observation, this writ petition is disposed

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of.

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sd/- B.P. RAY, JUDGE.

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W.P.(C) No. 30106/2003

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: 3:

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B.P. RAY, J.

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W.P.(C) No. 30106/2003

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: 4:

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O.P.No. 13887 of 2002

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Dated this the 12^th day of January, 2012.

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JUDGMENT

P.Hemalatha v. Asst. Educational Officer

Case brief

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P.Hemalatha v. Asst. Educational Officer

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