Allowed

Aja Mathal v. Director of Public Instruction

Kerala HC18 Nov 2016WP(C)/36980/2016

Case brief

AI extract

What is this about?

Pending statutory revision by the petitioner regarding pay scale classification based on continuing vacancy status, this bench directed the Director of Public Instruction to consider and decide the revision within one month.

What did the court decide?

Direction to the first respondent to consider and pass orders on Ext.P6 statutory revision within one month of receipt of the judgment copy.

Aja Mathal Vs Director of Public Instruction — 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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FRIDAY, THE 18TH DAY OF NOVEMBER 2016/27TH KARTHIKA, 1938

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WP(C).No. 36980 of 2016 (V)

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PETITIONER(S):

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AJA MATHAI, H.S.A.(CHEMISTRY), ST.MARY'SHIGH SCHOOL, KRARIYELY,KOMBANAD (P.O), VIA.VENGOOR,ERANAKULAM DISTRICT.

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BY ADVS.SRI.ELVIN PETER P.J. SRI.T.G.SUNIL (PRANAVAM)

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RESPONDENT(S):

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1. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM-695001.

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2. THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KAKANAD,ERANAKULAM-682030.

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3. THE DISTRICTR EDUCATIONAL OFFICER, DISTRICT EDUCATION OFFICE, KOTHAMANGALAM-686691.

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4. THE MANAGER, ST.MARY'S HIGH SCHOOL, KRARIYELY, KOMBANAD (PO),VIA.VENGOOR, ERNAKULAM DISTRICT-683546.

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BY GOVERNMENT PLEADER SRI RAJI T BHASKAR

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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K.V.

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WPC NO 36980 OF 2016:

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APPENDIX

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PETITIONERS EXHIBITS:

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P1: COPY OF THE APPOINTMENT ORDER DATED 10.6.2008 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

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P2: COPY OF THE APPOINTMENT ORDER DATED 1.6.2009 OF THE PETITIONER ISSUED BY THE 4TH RESPONDENT.

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P3: COPY OF THE REJECTION ORDER DATED 4.8.2009 ISSUED BY THE 2ND RESPONDENT.

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P4; COPY OF THE APPOINTMENT ORDER DATED 1.6.2011 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

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P5: COPY OF APPOINTMENT ORDER OF SMT.KUMARI P. GEORGE DATED 2.6.2008 ISSUED BY THE 4TH RESPONDENT.

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P6: COPY OF REVISION PETITION DATED 14.10.2016 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

/TRUE COPY/

P.A.TO JUDGE

K.V.

ANU SIVARAMAN, J.

W.P.(C) No.36980 of 2016

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Dated this the 18^th day of November, 2016

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JUDGMENT

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The prayer pressed before me when this writ

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petition came up for admission is for a direction to the first respondent to consider and pass orders on Ext.P6 statutory revision preferred under Rule 8 A of Chapter XIV A KER. It is contended that the vacancy to which the petitioner was appointed was a continuing vacancy. In view of the decision of the Apex Court in State of Kerala & Others v. Sneha Cherian & Another [2013(1) KLT 755], the appointment was liable to be approved on a regular scale of pay.

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In the above circumstances, there will be a direction to the first respondent to consider and pass orders on Ext.P6 revision within a period of one month from the date of receipt of a copy of this judgment.

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Writ petition is disposed of as above.

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Sd/ANU SIVARAMAN, JUDGE

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Aja Mathal v. Director of Public Instruction

Case brief

What is this about?

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Aja Mathal v. Director of Public Instruction

Case brief

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