Disposed

Janachandran.C v. the State of Kerala

Kerala HC6 Apr 2015WP(C)/8972/2012

Case brief

AI extract

What is this about?

A lower primary school assistant challenged staff fixation orders, fearing they would affect his promotion prospects compared to a rival employee. The court directed the Assistant Educational Officer to reconsider promotion after hearing both parties and disposed of the writ petition.

What did the court decide?

Directed the Assistant Educational Officer to consider the petitioner's promotion after hearing both parties based on future government orders.

Janachandran.C 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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MONDAY, THE 6TH DAY OF APRIL 2015/16TH CHAITHRA, 1937

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WP(C).No. 8972 of 2012 (V)

PETITIONER(S):

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JINACHANDRAN C.,

S/O. NARAYANAN NAIR, LOWER PRIMARY SCHOOL ASSISTANT, KURUVANGAD SOUTH U.P.SCHOOL, KOYILANDI-673 305, RESIDING AT VENGILOT HOUSE, P.O.NADERY, KOYILANDY, KOZHIKODE-673 326.

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BY ADV. SRI.S.SUJIN.

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RESPONDENT(S):

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

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1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVT., GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE-673 020.

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3. THE ASSISTANT EDUCATIONAL OFFICER, KOYILANDY, KOZHIKODE-673 305.

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4. THE MANAGER,

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KURUVANGAD SOURTH U.P.SCHOOL, KOYILANDY, KOZHIKODE-637 305.

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5. SMT. SREEKALA M.,

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W/O. MOHANAN, MADAVAMPAT, P.O.CHALIYAM, KOZHIKODE-673 306.

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BY SENIOR GOVERNMENT PLEADER SMT. SUNITHA VINOD.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-04-2015, ALONG WITH WPC NO.9224/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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rvs.

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WP(C).No. 8972 of 2012 (V)

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APPENDIX

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PETITIONER(S) EXHIBITS :

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EXHIBIT P1:	TRUE COPY O DATED 28-1 3RD RESPOND	F THE 1-2005 ENT.	STAFF FIXATION ORDER NO. C 4671/2005 FOR THE YEAR 2005-06 ISSUED BY THE
EXHIBIT P2:	TRUE COPY 15-07-2006 RESPONDENT.	OF FOR	THE STAFF FIXATION ORDER DATED THE YEAR 2006-07 ISSUED BY THE 3RD
EXHIBIT P3:	TRUE COPY 21-07-2001 RESPONDENT.	OF FOR	THE STAFF FIXATION ORDER DATED THE YEAR 2007-08 ISSUED BY THE 3RD
EXHIBIT P4:	TRUE COPY O 2ND RESPOND	F THE ENT.	ORDER DATED 30-06-2010 PASSED BY THE
EXHIBIT P5:	TRUE COPY 5384/2010 G	OF .EDN.	THE GOVERNMENT ORDER G.GO.(RT)NO. DATED 01-12-2010.
EXHIBIT P6:	TRUE COPY O 10-02-2011.	F THE	ORDER NO. D.DIS NO. 18537/2010 DATED
EXHIBIT P7:	TRUE COPY 17-03-2011	OF ISSUE	THE ORDER NO. D 1853/2010 DATED D BY THE 3RD RESPONDENT.
EXHIBIT P8:	TRUE COPY KURUVANGAD	OF TH SOUTH	E SENIORITY LIST OF THE TEACHERS IN U.P.SCHOOL.
EXHIBIT P9:	TRUE COPY 16-02-2011.	OF	THE G.O.(MS)NO.41/2011/G.EDN DATED

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RESPONDENT(S)' EXHIBITS : ------------------------

NIL.

/TRUE COPY/

P.A.TO JUDGE

RVS.

A.MUHAMED MUSTAQUE, J. ~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.8972/2012

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Dated this the 6^th Day of April, 2015

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J U D G M E N T

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Petitioner is a Lower Primary School Assistant at Kuruvangad South U.P. School. He joined the school in the year 1998. The fourth respondent was appointed as an Upper Primary School Assistant in the year 2003. This writ petition is filed challenging Ext.P5 government order. Petitioner also challenges Ext.P6 staff fixation order.

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The case of the petitioner is that the fifth respondent, though was appointed as UPSA, was retrenched from service on account of division fall and thereafter, she was retained under 1:40 ratio as LPSA from 2006-07, 2007-08 and 2008-09. However, the second respondent rejected the retention of the fifth respondent as LPSA. Thereafter, the Government as per Ext.P5 directed the third respondent to retain the

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W.P.(C).No.8972/2012

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-:2:-

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fifth respondent as UPSA for the year 2009-10. Thereafter, again the fifth respondent was retrenched. She challenged her retrenchment in W.P.(C).

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No.9224/2011. Petitioner apprehends that his claim for promotion to the post of UPSA will be affected in the light of Exts.P5 and P6 orders.

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This Court disposed W.P.(C).No.9224/2011 filed by the fifth respondent directing the Assistant Educational Officer to reconsider the matter.

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Therefore, in the light of the above, the Assistant Educational Officer shall consider the promotion of the petitioner after hearing the petitioner and the fifth respondent based on the order to be passed by the said Officer as per the direction of this Court in W.P.(C). No.9224/2011.

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The writ petition is disposed of as above. No

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costs.

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Sd/-

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A.MUHAMED MUSTAQUE, JUDGE

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Janachandran.C v. the State of Kerala

Case brief

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Janachandran.C v. the State of Kerala

Case brief

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