Disposed

P.Jaya v. State of Kerala

Kerala HC8 Jul 2013WP(C)/13137/2006

Case brief

AI extract

What is this about?

This judgment disposed of a writ petition filed by a school assistant claiming illegal denial of salary and requesting retention in her post. The Court directed the respondent government to consider the petitioner's representation within three months after hearing while dismissing specific recovery prayers.

What did the court decide?

Direction to the first respondent to consider the petitioner's representation filed before it within three months after giving an opportunity of hearing; Writ petition disposed of.

P.Jaya Vs State of Kerala — Education and Admissions | Kerala HC (2013)

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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 8TH DAY OF JULY 2013/17TH ASHADHA, 1935

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WP(C).No. 13137 of 2006 (L)

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PETITIONER(S):

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P. JAYA, U.P. SCHOOL ASSISTANT, PATTARYA SAMAJAM HIGH SCHOOL, PALLIPURAM, CHERTHALA, ALAPPUZHA DISTRICT.

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BY ADVS.SRI.N.P.SAMUEL, SRI.B.K.PURUSHOTHAMAN.

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RESPONDENT(S):

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1. STATE OF KERALA, REP. BY THE SECRETARY TO GOVT., GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.

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2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM.

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3. THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA.

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4. THE DISTRICT EDUCATIONAL OFFICER, CHERTHALA, ALAPPUZHA DISTRICT.

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5. THE MANAGER,

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PATTARYA SAMAJAM HIGH SCHOOL, PALLIPPURAM, CHERTHALA, ALAPPUZHA DISTRICT.

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6. SRI.TONY JOSE, HIGH SCHOOL ASSISTANT, (ON ORDERS OF REVERSION AS UPSA), PATTARYA SAMAJAM HIGH SCHOOL, PALLIPPURAM, CHERTHALA, ALAPPUZHA DISTRICT.

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7. THE HEADMASTER, PATTARYA SAMAJAM HIGH SCHOOL, PALLIPPURAM, CHERTHALA, ALAPPUZHA DISTRICT.

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R1 TO R4 BY GOVT. PLEADER SMT.MAYA.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-07-2013, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rs.

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WP(C).No. 13137 of 2006 (L)

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APPENDIX

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PETITIONER'S EXHIBITS:-

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EXT.P1	COPY OF THE STAFF FIXATION ORDER NO.D.DIS.B3-4544/02 DATED 31/08/20023 ISSUED BY R4.
EXT.P2	COPY OF THE G.O.(RT) NO.4712/04/G.EDN. DATED 30/10/2004 ISSUED BY R1.
EXT.P3	COPY OF THE ORDER NO.D.DIS.23122/2005/RA(1)/DPI DATED 12/07/2005 BY JT. DIRECTOR OF PUBLIC INSTRUCTION FOR R2.
EXT.P4	COPY OF THE ORDER G.O.(P) NO.338/2004/G.EDN. DATED 10/11/2004 ISSUED BY R1.
EXT.P5	COPY OF THE CIRCULAR NO.1/J2/2005/G.EDN. DATED 27/01/2005 ISSUED BY R1.
EXT.P6	COPY OF THE ORDER NO.B3-3468/04/D.DIS. DATED 18/01/2005 ISSUED BY R4.
EXT.P7	COPY OF THE LETTER NO.25262/H2/05/G.EDN. DATED 22/08/2005 ISSUED BY R1.
EXT.P8	COPY OF THE ORDER G.O.(P) NO.4/05/G.EDN. DATED 04/01/2005 ISSUED BY R1.
EXT.P9	COPY OF THE REPRESENTATION SUBMITTED BY PETITIONER BEFORE R1 ON 15/11/2005.
EXT.P10	COPY OF THE CIRCULAR NO.11/J2/2005/G.EDN. DATED 02/05/2005 ISSUED BY R1.
EXT.P11	COPY OF THE ORDER G.O.(MS) NO.352/2000/G.EDN. DATED 25/10/2000 ISSUED BY R1.
EXT.P12	COPY OF THE ORDER IN G.O.(RT) NO.1701/07/G.EDN. DATED 17/04/2007 ISSUED BY R1.

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RESPONDENT'S EXHIBITS:-

NIL.

//TRUE COPY//

P.A. TO JUDGE.

rs.

B.P.RAY, J.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.13137 OF 2006

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- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 8^th day of July, 2013

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JUDGMENT

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This writ petition has been filed primarily for a direction to the respondents to allow the petitioner to continue as U.P. School Assistant in the fifth respondent's school by retaining the sixth respondent as H.S.A. by applying the 1:40 ratio. Petitioner was first appointed as Upper Primary School Assistant in a leave vacancy in the fifth respondent's school from 4-6-1999 to 14-10-1999 and as such she became Rule 51A claimant. Learned counsel for the petitioner submits that Ext.P9 representation filed by the petitioner before the Government is pending consideration.

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Being aggrieved by the illegal denial of salary to the petitioner from 15-7-2002 onwards, petitioner approached this Court with the following prayers:

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(i) to issue a writ of certiorari or other appropriate writ, order or direction to quash Exts.P2, P3, P6 and P7 orders;

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(ii) to issue a writ of mandamus or other appropraite writ, direction or order directing the respondents to retain the petitioner as U.P.School Assistant in the school of the 5^th respondent, from 15-7-2002 onwards and for all consequential benefits including release of salary;

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(iii) to issue a writ of mandamus or other appropriate writ, order or direction to the 7^th respondent to allow the petitioner to sign in the Attendance Register.

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W.P.(C)No.13137 OF 2006

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:: 2 ::

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Heard learned counsel for the parties and perused the materials available on record.

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Learned Government Pleader submits that the denial of request of the petitioner by the Government is in order. Petitioner was not eligible to be retained in terms of 1:40 ratio during 2002-2003 as there was no sufficient pupil strength warranting an additional division and posts in terms of 1:40 for accommodating the petitioner.

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Considering the entire facts and circumstances of the case, first respondent is directed to consider and pass appropriate orders on the representation filed by the petitioner within a period of three months from the date of receipt of a copy of this judgment after giving an opportunity of hearing to the petitioner.

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Writ petition is disposed of.

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B.P.RAY, JUDGE

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jes

P.Jaya v. State of Kerala

Case brief

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P.Jaya v. State of Kerala

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