Allowed

Sandhya Rani v. Vs State of Kerala

Kerala HC9 Feb 2016WP(C)/4836/2013

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition filed by a Higher Secondary School Teacher. The court directed respondents to sanction the benefit of full-time scale of pay with effect from 01.08.1992 and re-fix pay and pensionary benefits.

What did the court decide?

Respondents directed to sanction full-time scale of pay from 01.08.1992, re-fix pay/pensionary benefits, and disburse arrears within three months.

Sandhya Rani v. Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2016)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶4

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

¶5

WP(C).No. 4836 of 2013 (D)

¶6

PETITIONER :

¶7

SANDHYA RANI V. HIGHER SECONDARY SCHOOL TEACHER (HINDI) NARAYANAN NAIR MEMORIAL HIGHER SECONDARY SCHOOL CHELEMBRA, MALAPPURAM DISTRICT.

¶8

BY ADV. SRI.B.UNNIKRISHNA KAIMAL

¶9

RESPONDENTS :

¶10

STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM - 695 001.

¶11

DIRECTOR OF HIGHER SECONDARY EDUCATION THIRUVANANTHAPURAM - 695 001.

¶12

REGIONAL DEPUTY DIRECTOR

¶13

HIGHER SECONDARY EDUCATION, KOZHIKODE - 673 001.

¶14

R1-R 3 BY SR.GOVERNMENT PLEADER SRI.P.M.JOSEPH

¶15

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

¶16

WP(C).No. 4836 of 2013 (D)

¶17

APPENDIX

¶18

PETITIONER(S) EXHIBITS :

¶19

EXHIBIT-P1-TRUE COPY OF THE ORDER OF THE DIRECTOR OF HIGHER SECONDARY EDUCATION DATED 16/03/1994 APPROVING APPOINTMENT OF PETITIONER AS H.S.S.T

¶20

EXHIBIT-P2-TRUE COPY OF THE JUDGMENT DATED 30/09/1999 IN O.P NO. 11408/1995.

¶21

EXHIBIT-P3-TRUE COPY OF THE W.A NO. 469/2000

¶22

EXHIBIT-P4-TRUE COPY OF THE G.O(MS) 351/2004/GEN. EDN. DATED 20/11/2004.

¶23

EXHIBIT-P5-TRUE COPY OF THE COMMUNICATION ISSUED BY THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDRY EDUCATION, KOZHIKODE DATED 14/11/2005.

¶24

EXHIBIT-P6-TRUE COPY OF THE G.O(RT) 2771/2007/G.EDN. DATED 20/06/2007

¶25

EXHIBIT-P7-TRUE COPY OF THE JUDGMENT IN W.P(C) 25098/2007

¶26

EXHIBIT-P8-TRUE COPY OF THE G.O(RT) 138/13/G.EDN. DATED 11/01/2013.

¶27

EXHIBIT-P9-TRUE COPY OF THE G.O(MS) 169/09/G.EDN. DATED 19/08/2009.

¶28

EXHIBIT-P10- TRUE COPY OF THE JUDGMENT DATED 30.6.2015 OF THIS HON'BLE COURT IN WP(C) NO.19515/15

¶29

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

¶30

RESPONDENTS' EXHIBITS : NIL

/TRUE COPY/

P.A TO JUDGE

ANU SIVARAMAN, J.

¶35

W.P.(C) Nos.4836 of 2013

¶36

Dated this the 9^th day of February, 2016

¶37

J U D G M E N T

¶38

The petitioner herein is a Higher Secondary School Teacher whose appointment as such had been approved with effect from 01.08.1992.

¶39

The claim of the petitioner is that she 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.P1, P2, P7, P10 and P11 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.

¶40

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

¶41

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.

¶42

W.P.(C) Nos.4836 of 2013 & 25729 of 2014

¶43

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 01.08.1992 to 13.05.1998. 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 her within a period of three months

¶44

from the date of receipt of a copy of this judgment.

¶45

The writ petition is ordered accordingly.

¶46

Sd/- ANU SIVARAMAN, JUDGE.

¶47

Sandhya Rani v. Vs State of Kerala

Case brief

What is this about?

What did the court decide?

Sandhya Rani v. Vs State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

K.Thampi Rajan Vs State of Kerala

Devaki Amma Vs the Union of India and Others

Abdu Vs the Perumanna Grama Panchayat

George Varghese Vs Director of Higher Secondary Education

Daisy Varghese Vs the District Registrar

The Corporate Manager, Corporate Edtn Vs State of Kerala