Allowed

Sumi Davis v. the State of Kerala

Kerala HC7 Apr 2015WP(C)/11370/2015

Case brief

AI extract

What is this about?

This writ petition concerned the petitioner's appointment as a Lower Primary School Assistant. The Court found the initial daily wage appointment unauthorized due to incomplete academic year coverage and corrected it to a regular scale with full back pay.

What did the court decide?

Petitioner appointed on regular scale of pay with entire arrears of salary from date of appointment to be paid within three months.

Sumi Davis Vs the State of Kerala — Pension and Retirement Benefits | Kerala HC (2015)

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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 A.MUHAMED MUSTAQUE

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TUESDAY, THE 7TH DAY OF APRIL 2015/17TH CHAITHRA, 1937

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WP(C).No. 11370 of 2015 (U) ----------------------------

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PETITIONER(S):

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SUMI DAVIS AGED 25 YEARS WIFE OF BIJOY BABY LOWER PRIMARY SCHOOL ASSISTANT, St.GEORGE C U P SCHOOL KARANCHIRA, IRINJALAKKUDA, THRISSUR DISTRICT

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BY ADVS.SRI.V.A.MUHAMMED SRI.M.SAJJAD

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RESPONDENT(S):

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1. THE STATE OF KERALA REPRESETED BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM 695 001

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

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3. THE DISTRICT EDUCATIONAL OFFICER IRINJALAKKUDA, THRISSUR DISTRICT 680 121

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4. THE ASSISTANT EDUCATIONAL OFFICER IRINJALAKKUDA, THRISSUR DISTRICT 680121

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5. THE CORPORATE MANAGER FRANCISCAN CLARIST CONGREGATION SCHOOL ALERNIA PROVINCIAL HOUSE, CHALAKKUDY 680 307 THRISSUR DISTRICT

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R BY GOVERNMENT PLEADER(SR): ADV.SRI.V VIJULAL

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 11370 of 2015 (U)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXT P1 : TRUE COPY OF APPOINTMENT OF THE PETITIONER DATED 09.06.2008 AND APPROVAL THEREON EXT P2 : TRUE COPY OF the G.O(P).NO.104/2008/G.EDN DATED 10.06.2008 OF THE GOVERNMENT EXT P3 : TRUE COPY OF THE APPEAL FILED BEFORE THE DIST.EDNL.OFFICER BY the MANAGER DATED 03.01.2009 EXT P4 : TRUE COPY OF THE APPEAL FILED BEFORE the 2^nd RESPONDENT BY THE MANAGER EXT P5 : TRUE COPY OF THE ORDER OF THE DISTRICT EDUCATIONAL OFFICER DATED 07.04.2009 EXT P6 : TRUE COPY OF the ORDER NO.F2/50742/2009/DPI/K.DIS. DATED 26.08.2009 OF the 2^nd RESPONDENT EXT P7 : TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 12.10.2009 BY the MANAGER EXT P8 : TRUE COPY OF THE G.O(Rt).NO.4606/09/GE DATED 06.11.2009 OF THE GOVERNMENT EXT P9 : TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.01.2010 EXT P10 : TRUE COPY OF THE G.O(Rt).NO.2680/2010/G.Edn. DATED 21.06.2010 OF THE GOVERNMENT

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RESPONDENTS EXHIBITS: NIL

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True Copy/

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P A to Judge

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A.MUHAMED MUSTAQUE, J.

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=========================

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W.P(C).No.11370 of 2015

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============================ Dated this the 07^th day of April, 2015

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JUDGMENT

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Petitioner was appointed as Lower Primary School Assistant

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with effect from 09.06.2008 to 31.12.2009 in the leave vacancy of Smt.Princy M.M who entered on leave from 01.04.2005 to 31.12.2009. The educational officers approved appointment of the petitioner on daily wage basis as the appointment do not cover full academic year ie, from 09.06.2008 to 31.03.2009 and from 01.06.2009 to 31.12.2009. This was challenged before the Government. Government also confirmed the order of the educational officers.

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In view of the judgment in State of Kerala Vs. Sneha Cherian's case referred supra, appointment of the petitioner shall be on regular scale of pay with effect from the date of appointment. Petitioner shall be given entire arrears of salary with effect from the date of appointment within a period of three months from the date of receipt of a copy of this judgment.

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The Writ Petition is disposed of. No costs.

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Sd/-

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A.MUHAMED MUSTAQUE, JUDGE.

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Sbna/09/04/15

Sumi Davis v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Sumi Davis v. the State of Kerala

Case brief

What is this about?

What did the court decide?

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