Disposed

Joji K.John v. State of Kerala

Kerala HC17 Oct 2016WP(C)/2799/2008

Case brief

AI extract

What is this about?

In a petition regarding denial of approval for the petitioner's appointment as a teacher, the court noted that approval had been granted but monetary benefits were only granted from the date of the order. The writ petition was closed to settle the matter, reserving the petitioner's liberty to claim monetary benefits with effect from the date of appointment.

What did the court decide?

The writ petition was closed with liberty to the petitioner to claim monetary benefits with effect from the date of his appointment.

Joji K.John 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 MRS. JUSTICE ANU SIVARAMAN

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MONDAY, THE 17TH DAY OF OCTOBER 2016/25TH ASWINA, 1938

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WP(C).No. 2799 of 2008 (G)

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PETITIONER(S):

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1. JOJI K.JOHN, HSST CHEMISTRY, ST.MARY'S HSS, MANARCADU, KOTTAYAM.

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2. SANITHA ELIZEBETH SUNNY, HSST MATHEMATICS, ST.MARY'S HSS, MANARCADU, KOTTAYAM.

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BY ADV. SRI.BENOY THOMAS

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RESPONDENT(S):

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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, TRIVANDRUM.

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2. DIRECTOR OF HIGHER SECONDARY EDUCATION, TRIVANDRUM.

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3. REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, EDAPPALLY, ERNAKULAM.

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4. THE MANAGER, ST.MARY'S HSS, MANARCAD, KOTTAYAM.

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R1 TO R3 BY GOVT.PLEADER SRI.BEJOY CHANDRAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17-10-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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mbr/

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WP(C).No. 2799 of 2008 (G)

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APPENDIX

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PETITIONERS' EXHIBITS:

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EXT. P1	: TRUE COPY OF THE STAFF SELECTION COMMITTEE REPORT DATED 15.9.2006.
EXT. P2	: TRUE COPY OF THE REMINDER DATED 18.7.2007 SENT BY THE 3RD RESPONDENT REQUESTING APPROVAL TO THE PETITIONERS, TO THE 2ND RESPONDENT’S OFFICE.
EXT. P3	: TRUE COPY OF THE STAFF FIXATION ORDER NO.ACD.B4/18647/HSE/2001 DATED 5.6.2002.
EXT. P4	: TRUE COPY OF THE APPROVAL ORDER NO.B4/18656/HSE/01 DATED 27.10.2005.
EXT. P5	: TRUE COPY OF THE LETTER NO.A5/11873/06 DATED 2.7.2007 ISSUED BY THE RDD ERNAKULAM.
EXT. P6	: TRUE COPY OF GOVT. ORDER 398/02/GEN. DATED 29.11.2002.
EXT. P7	: TRUE COPY OF THE STAFF FIXATION ORDER DATED 12.8.2006.
EXT. P8	: TRUE COPY OF THE JUDGMENT DATED 2.8.2007 IN WPC.23626/07.
EXT. P9	: TRUE COPY OF THE IMPUGNED GOVT. ORDER GO(RT)NO.5470/2007/GEN.EDN. DATED 30.11.2007.
RESPONDE	NTS' EXHIBITS : NIL.

//TRUE COPY//

P.S. TO JUDGE

mbr/

ANU SIVARAMAN, J.

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W.P(C).No.2799 of 2008

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Dated this the 18^th October, 2016

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JUDGMENT

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The prayer in this writ petition is with regard to denial of approval of the petitioner's appointment as Higher Secondary School Teacher (Junior). It is submitted that after the filing of the writ petition, approval has been granted for the petitioner's appointment. However, monetary benefits have been confined with effect from the date of the order. Learned counsel for the petitioner submits that the writ petition may be closed without prejudice to the rights of the petitioner to claim monetary benefits with effect from the date of his appointment.

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The writ petition is accordingly closed reserving liberty to the petitioner to claim the benefits with effect from the date of his appointment.

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ANU SIVARAMAN

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JUDGE

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vgs18/10

Joji K.John v. State of Kerala

Case brief

What is this about?

What did the court decide?

Joji K.John v. State of Kerala

Case brief

What is this about?

What did the court decide?

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