Allowed

Supriya Rani G. v. State of Kerala

Kerala HC27 May 2016WP(C)/37766/2009

Case brief

AI extract

What is this about?

Petitioner challenged order rejecting her appointment as L.G. Hindi Teacher. Court observed that similar benefits were extended to others under identical orders and held that rejection was unjustified.

What did the court decide?

Order dated 1.9.2008 setting aside petitioner's appointment approval is set aside. Petitioner appointed from 2.6.2004 with consequential benefits to be paid within three months.

Supriya Rani G. 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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FRIDAY, THE 27TH DAY OF MAY 2016/6TH JYAISHTA, 1938

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WP(C).No. 37766 of 2009 (M)

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PETITIONER(S):

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SUPRIYA RANI G.

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W/O. SURESH, L.G.HINDI TEACHER, D.P.M.U.P.SCHOOL,, PEZHUMPARA P.O., RANNI, PATHANAMTHITTA DIST., (POIKAYIL HOUSE, THALACHIRA, VADASSERIKKARA, VILLAGE, RANNI TALUK.)

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BY ADVS.SRI.M.T.SURESHKUMAR SRI.R.RANJITH

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RESPONDENT(S):

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1. STATE OF KERALA THE GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM.

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2. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM.

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3. THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA.

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4. THE ASSISTANT EDUCATIONAL OFFICER, PATHANAMTHITTA.

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5. THE MANAGER, D.P.M.U.P.SCHOOL, PEZHUMPARA P.O., RANNI,

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PATHANAMTHITTA DISTRICT.

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R1 TO 4 BY GOVERNMENT PLEADER SRI.REJI JOSEPH

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-05-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 37766 of 2009

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1: COPY OF APPOINTMENT OF THE PETITIONER WAS REJECTED BY THE 4TH RESPONDENT BY ORDER DATED 13.9.2004.

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EXHIBIT P2: COPY OF ORDER OF THE 3RD RESPONDENT DATED 26.11.2004.

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EXHIBIT P3: COPY OF THE ORDER DATED 9.10.2005 PASSED BY THE 2ND RESPONDENT.

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EXHIBTI P4: COPY OF GO(P)NO.46/2006 G.EDN. DATED 1.2.2006 APPROVING THE APPOINTMENT OF THE PETITIONER AND OTHERS.

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EXHIBIT P5: COPY OF JUDGMENT DATED 5.8.2002 OF THE HONOURABLE COURT IN OP.NO.4983 OF 1996.

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EXHIBIT P6: COPY OF ORDER DATED 29.7.2005 OF GOVERNMENT OF KERALA.

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EXHIBIT P7: COPY OF GO.(Rt).NO.336/06/G.EDN. DATED 20.1.2006.

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EXHIBIT P8: COPY OF REPRESENTATION DATED 28.8.2006 SUBMITTED BEFORE THE 1ST RESPONDENT.

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EXHIBIT P9: COPY OF REMAINDER DATED 30.1.2008.

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EXHIBIT P10: COPY OF ORDER DATED 1.9.2008 ISSUED BY THE 1ST RESPONDENT.

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/TRUE COPY/

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PS TO JUDGE

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ANU SIVARAMAN, J.

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----------------------------------------------W.P(C).No. 37766 of 2009

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----------------------------------------------Dated this the 27^th May, 2016

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JUDGMENT

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This writ petition is filed challenging Exhibit P10 and seeking direction to the respondents to approve the appointment of the petitioner as L.G. Hindi Teacher with effect from 2.6.2004 and consequential benefits.

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Heard learned counsel for the petitioner and the learned Government Pleader.

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It is submitted by learned counsel for the petitioner that by Exhibits P6 and P7, similar benefits have been extended to other teachers. This statement is not disputed by the learned Government Pleader. In view of the orders passed in identical cases, the rejection of the petitioner's claim by the Government by Exhibit P10 is not justified. Exhibit P10 is, therefore, set aside. The respondents are directed to approve the appointment of the petitioner with effect from 2.6.2004 and to grant her all consequential monetary benefits. Approval as directed above and the payment of consequential monetary benefits shall be done within three months from the date of receipt of a copy of this judgment.

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The writ petition is disposed of as above.

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ANU SIVARAMAN

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JUDGE

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vgs27/5

Supriya Rani G. v. State of Kerala

Case brief

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Supriya Rani G. v. State of Kerala

Case brief

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