The High Court of Kerala allowed a review petition, modifying a previous judgment to treat the petitioner's appointment as Upper Primary School Assistant as regular from 14.06.1993 instead of notional, and set aside recovery proceedings.
The recovery proceedings were set aside; the petitioner's appointment is considered regular from 14.06.1993.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:-
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
WEDNESDAY, THE 26TH DAY OF OCTOBER 2016/4TH KARTHIKA, 1938
R.P.No.705 of 2016 IN WP(C).31476/2004 (V)
AGAINST THE JUDGMENT IN W.P(C).31476/2004 OF HIGH COURT OF KERALA DATED 21-01-2016.
REVIEW PETITIONER(S)/WRIT PETITIONER:-
K.N. MAYA,
L.P.S.A., BRAHMANANDODYAM HIGHGER SECONDARY SCHOOL, KALADY - 683 574, RESIDING AT KAPPILLIL PUTHENVEEDU, KALADY, ERNAKULAM.
BY ADVS.SRI.MURALI PURUSHOTHAMAN SRI.DEEPU LAL MOHAN.
RESPONDENT(S)/RESPONDENTS:-
1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001.
2. THE DISTRICT EDUCATIONAL OFFICER, ALUVA - 683 101.
3. THE ASSISTANT EDUCATIONAL OFFICER, ANGAMALY - 683 572.
4. BRAHMANANDODAYAM HIGHER SECONDARY SCHOOL, REPRESENTED BY ITS MANAGER, KALADY - 683 574.
5. K. BALAMANI, SANTHOSH BHAVAN, CHENPILAVU, MEENACHIL, KOTTAYAM 686 517
R1 TO R3 BY SR.GOVERNMENT PLEADER SRI.RENIL ANTO KANDAMKULATHY. R4 BY ADV. SRI.S.SABARINADH.
THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 26-10-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:-
R.P.NO.705 OF 2016 IN W.P.(C) NO.31476 OF 2004-V
APPENDIX
REVIEW PETITIONER'S ANNEXURES:-
ANNEXURE-A PHOTOCOPY OF THE LETTER NO.D/1647/16 DATED 10.05.2016 ISSUED BY THE 3RD RESPONDENT TO THE HEAD MISTRESS OF THE 4TH RESPONDENT SCHOOL.
ANNEXURE-B PHOTOCOPY OF THE LETTER NO.D/1647/2016 DATED 03.08.2016 ISSUED BY THE 3RD RESPONDENT TO THE HEAD MISTRESS OF THE 4TH RESPONDENT SCHOOL.
RESPONDENT'S ANNEXURES:-
-----------------------NIL.
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K. Vinod Chandran, J
R.P.No.705 of 2016 in W.P.(C) No.31476 2004-V
Dated this the 26th day of October, 2016
ORDER
The review petition is on a narrow compass; against the benefit of appointment from 14.06.1993 being directed to be notional. The claim of the petitioner was that she was entitled to be appointed to the post of Upper Primary School Assistant [for brevity “UPSA”] when a vacancy arose with effect from 14.06.1993, which, according to the petitioner, was illegally granted to the 5th respondent. The petitioner was also appointed with effect from 02.07.1993 as UPSA in another leave vacancy. The approval of the appointment of the 5th respondent was rejected, which was not challenged in appeal.
RP.705 of 2016 in WPC.31476 of 2004-V
but, however, specified that the appointment from 14.06.1993 would be notional till the date on which she was appointed by the Manager. The said observation was needless, since the petitioner had already been granted the benefits.
The judgment dated 21.01.2016 to the above extent is modified and the review petition is allowed as indicated above.
Sd/- K.Vinod Chandran Judge
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[ true copy ]
2 issues framed by the court
Whether the review petition challenging the declaration of the petitioner's appointment as regular from 14.06.1993 should be allowed.
Whether the recovery proceedings initiated by the respondents against the petitioner should be set aside.
K.N. Maya
State of Kerala
District Educational Officer
Assistant Educational Officer
Brahmanandodayam Higher Secondary School
K. Balamani
K.Vinod Chandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
