Disposed

Priyamvada Priyadarsani v. State of Kerala

Kerala HC7 Oct 2016WP(C)/19165/2010

Case brief

AI extract

What is this about?

Petitioner, a non-vocational English teacher, sought salary for unapproved service during 1995-1997 claiming sufficient workload. Court held petitioner failed to produce material proving entitlement to continue service, remitting the matter for a fresh hearing with requisite supporting evidence.

What did the court decide?

Petitioner directed to submit fresh representation before Director of Vocational Higher Secondary Education with supporting material regarding workload and attendance.

Priyamvada Priyadarsani Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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FRIDAY, THE 7TH DAY OF OCTOBER 2016/15TH ASWINA, 1938

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WP(C).No. 19165 of 2010 (U)

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PETITIONER(S):

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PRIYAMVADA PRIYADARSANI,AGED 42 YEARS, W/O.R.AJAYAKUMAR,NON VOCATIONAL TEACHER IN ENGLISH, ST.GEORGE VHSS,CHOWALLOOR, KOLLAM DISTRICT, RESIDING AT MAVAZHIKATHU, C.K.P.JUNCTIN, ANCHALAMOODU P.O, KOLLAM DISTRICT.

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BY ADVS.SRI.JOHN JOSEPH VETTIKAD

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SRI.C.JOSEPH JOHNY

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RESPONDENT(S):

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

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2. THE DIRECTOR OF VOCATIONAL HIGHER SECONDALRY EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR,THIRUVANANTHAPURAM-1.

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3. THE MANAGER,ST.GEORGE VHSS,CHOWALLOOR, KOLLAM DISTRICT-690 521.

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R1 & R2 BY SENIOR GOVERNMENT PLEADER SRI.SANTHOSH PETER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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msv/

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WP(C).No. 19165 of 2010 (U)

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APPENDIX

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PETITIONER( -----------	S)' EXHIBITS ------------
EXHIBIT P1	TRUE COPY OF G.O.(MS) NO.460/1995 GEN. EDN. DTD.26.9.1995.
EXHIBIT P2	TRUE COPY OF G.O.RT) NO.12521997 GEN. EDN. DTD.17.4.1997.
EXHIBIT P3	TRUE COPY OF THE CIRCULAR NO.C115615/90 DTD.27.8.1992 ISSUED BY THE DIRECTOR OF VOCATIONAL HIGHER SECONDARY.
EXHIBIT P4	TRUE COPY OF REPRESENTATION DTD.27.4.2007 BEFORE THE GOVERNMENT.
EXHIBIT P5	TRUE COPY OF GOVERNMENT LETTER NO.37887/SC2/07 GEN. EDN. DTD.15.1.2009.
EXHIBIT P6	TRUE COPY OF REPRESENTATION DTD.10.3.2009 BEFORE THE GOVERNMENT SUBMITTED THROUGH THE 2ND RESPONDENT.
RESPONDENT( -----------	S)' EXHIBITS ------------

NIL

//TRUE COPY//

P.S.TO JUDGE

Msv/

P.V.ASHA J.

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

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W.P.(C) No.19165 of 2010

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--------------------------------------------- Dated this the 7^th day of October, 2016

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J U D G M E N T

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The petitioner submits that he has been working in St.Geroge VHSS, Chowalloor from 03.10.1994 onwards as Lecturer in English (Non Vocational) on a consolidated pay of Rs.1,000/-. On the close of the academic year 1994-1995, he was relieved and he was engaged again on commencement of the next academic year with effect from 05.06.1995. It is stated that he was granted Full Time Scale of Rs.6,675-10,550/with effect from 17.04.1997 onwards. Petitioner submits that he has been working since then continuously. Claiming salary and approval for the unapproved service for the period from 26.09.1995 to 16.04.1997, the petitioner approached Government filing Ext.P6 representation. The petitioner submits that he has attended duty for the period from 26.09.1995 to 16.04.1997; but on account of the Government order Ext.P1 issued on 26.09.1995 he was disengaged w.e.f. 26.09.1995 on the ground that there was no sufficient work load for accommodating him. As per Ext.P1, non vocational teachers having the workload of 12 to 20 hours with Marginal

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W.P.(C) No.19165 of 2010

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Excess would be treated as Full time Teachers with scale of pay of Rs.2,000-3,200/- After disengagement in 2005, he was reinstated on 16.07.1997 consequent to Ext.P2 order passed on 17.04.1997. Ext.P4 provides for certain clarifications in respect of 'Marginal Excess' for the purpose of the sanctioning of the posts of non vocational teachers with reference to the workload. Petitioner claimed regularisation of his appointment from the date of his initial appointment. As per Ext.P5 order Government rejected his claim on the ground that he was not in service for the period from 26.09.1995 to 16.04.1997. Petitioner submits that he has been taking classes continuously, though Full Time Scale was granted w.e.f. 17.04.1997 only.

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But petitioner has not produced any material in support of his claim that he continued in the School and he was entitled to continue, in case there was sufficient working hours justifying a post for him either as Full Time or as Part Time.

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In the above circumstances, petitioner is free to submit a fresh representation before the Director of Vocational Higher Secondary Education and the Director of Vocational Higher Secondary Education will consider the same and pass orders after hearing the petitioner and the Manager unfettered

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W.P.(C) No.19165 of 2010

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by the observations in Ext.P5 order passed by Government. Orders shall be passed as directed, in case the representation is submitted along with a copy of the judgment.

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Writ petition is disposed of accordingly.

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Sd/- P.V.ASHA, JUDGE.

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Priyamvada Priyadarsani v. State of Kerala

Case brief

What is this about?

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Priyamvada Priyadarsani v. State of Kerala

Case brief

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