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George Varghese v. Director of Higher Secondary Education

Kerala HC9 Feb 2016WP(C)/25729/2014

Case brief

AI extract

What is this about?

In this writ petition, the petitioner, a retired Higher Secondary School Teacher, claimed entitlement to full-time status and pay. The court held him similarly situated to earlier petitioners and directed the respondents to sanction benefits with consequential arrears.

What did the court decide?

Sanction of full-time scale of pay for the period from 07.04.1992 to 31.05.1995, re-fixing of pay and pensionary benefits, and disbursement of consequential benefits within three months.

George Varghese Vs Director of Higher… — 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 MRS. JUSTICE ANU SIVARAMAN

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TUESDAY, THE 9TH DAY OF FEBRUARY 2016/20TH MAGHA, 1937

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WP(C).No. 25729 of 2014 (M)

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PETITIONER :

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GEORGE VARGHESE

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HIGHER SECONDARY SCHOOL TEACHER (ZOOLOGY) SREE VIVEKANANDA HIGHER SECONDARY SCHOOL, PALEMAD MALAPPURAM DISTRICT.

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BY ADV. SRI.B.UNNIKRISHNA KAIMAL

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RESPONDENTS :

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DIRECTOR OF HIGHER SECONDARY EDUCATION THIRUVANANTHAPURAM-33.

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STATE OF KERALA,

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REPRESENTED BY SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM - 695 001.

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REGIONAL DEPUTY DIRECTOR, DIRECTORATE OF HIGHER SECONDARY EDUCATION REGIONAL OFFICE, CALICUT - 673 001

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R BY SR. GOVERNMENT PLEADER SRI.P.M.JOSEPH

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09-02-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 25729 of 2014 (M)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT-P1-TRUE COPY OF THE CERTIFICATE ISSUED BY THE MANAGER DT.10.5.06.

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EXHIBIT-P2-TRUE COPY OF THE JUDGMENT IN O.P 11408/95 DATED 30/03/1999.

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EXHIBIT-P3-TRUE COPY OF THE GOVERNMENT ORDER G.O(MS)351/04/G.EDN. DATED 20/11/2004.

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EXHIBIT-P4-TRUE COPY OF THE ORDER ISSUED BY THE GOVERNMENT DATED 26/02/2007.

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EXHIBIT-P5-TRUE COPY OF THER ORDER DATED 26/11/2007 ISSUED BY THE REGIONAL DEPUTY DIRECTOR.

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EXHIBIT-P6-TRUE COPY OF GOVERNMENT ORDER G.O(RT) 4864/12/G.EDN. DATED 06/10/2012.

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EXHIBIT-P7-TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER ON 20/10/2012.

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EXHIBIT-P8-TRUE COPY OF THE JUDGMENT IN O.P 14297/1998.

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EXHIBIT-P9-TRUE COPY OF THE JUDGMENT DATED 30.6.2015 OF THIS HON'BLE COURT IN WP(C).NO.19515/15

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EXHIBIT-P10-TRUE COPY OF THE ORDER DATED 31.10.2015 ISSUED BY THE 1ST RESPONDENT

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EXHIBIT-P11-TRUE COPY OF THE JUDGMENT DATED 7-8-2014 OF THIS HON'BLE COURT IN W.A.NO.1489/13

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EXHIBIT-P12-TRUE COPY OF THE ORDER DATED 5-11-2014 ISSUED BY THE 1ST RESPONDENT

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RESPONDENT(S)' EXHIBITS : NIL

/TRUE COPY/

P.A TO JUDGE

ANU SIVARAMAN, J.

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W.P.(C) No.25729 of 2014

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Dated this the 9^th day of February, 2016

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J U D G M E N T

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The petitioner herein was appointed as Higher Secondary School Teacher on 02.09.1991 and has since retired from service.

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The claim of the petitioner is that he is entitled to be granted full-time status and pay in the post of HSST in view of G.O. (MS)No.162/98/G.Edn. dated 13.05.1998. Petitioner claims the benefit of several judgments of this Court including Exts.P2 and P8 whereby similarly situated persons have been held to be entitled to full time benefits with effect from the date of their appointment as HSST or from 07.04.1992, whichever is later. The petitioner also relies on the Government Order dated 05.11.2014 by which identically situated persons had been granted the benefit.

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Heard Sri.B.Unnikrishna Kaimal, learned counsel appearing for the petitioner as well as the learned Government Pleader appearing for the respondents.

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It is clear from a reading of judgments produced by the petitioner that the petitioner is similarly situated as the petitioners in those writ petitions who have been held to be entitled to the benefits.

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W.P.(C) No.25729 of 2014

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In the above circumstances, this writ petition is disposed of directing the respondents to sanction the benefit of full-time scale of pay of HSST to the writ petitioner for the period from 07.04.1992 to 31.05.1995. The pay and pensionary benefits of the writ petitioner will be re-fixed and all consequential benefits including the arrears of salary will be disbursed to him 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 ordered accordingly.

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Sd/- ANU SIVARAMAN, JUDGE.

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George Varghese v. Director of Higher Secondary Education

Case brief

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George Varghese v. Director of Higher Secondary Education

Case brief

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