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Daisamma Joseph v. the State of Kerala

Kerala HC27 Mar 2017WP(C)/1840/2016

Case brief

AI extract

What is this about?

Petitioner, a sewing teacher, challenged inaction by school management preventing her transfer to a vacant post, leading to unremunerated service and non-payment of benefits. Court directed Manager to effect transfer and pay arrears and pension.

What did the court decide?

Directed Manager to shift petitioner to St. Shantal's High School within two weeks; directed Respondents 3-5 to pay salary arrears from Dec 2015 and disburse pension within three months.

Daisamma Joseph Vs the State of Kerala — Pension and Retirement Benefits | Kerala HC (2017)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE SMT. JUSTICE P.V.ASHA MONDAY, THE 27TH DAY OF MARCH 2017/6TH CHAITHRA, 1939 WP(C).No. 1840 of 2016 (D) ---------------------------

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PETITIONER(S): -------------

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DAISAMMA JOSEPH, AGED 56 YEARS, (SEWING TECHER), ST. GEORGE HIGH SCHOOL, MANIMALA, PUTHENPURAYIL HOUSE, MANIMALA PO, KOTTAYAM - 686543. BY ADVS.SRI.P.SREEKUMAR SRI.S.GANESH SRI.P.K.ABDU RAHEEM

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RESPONDENT(S): --------------

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THE STATE OF KERALA THROUGH THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DPI, JAGATHI, THIRUVANANTHAPURAM 695001. 3. THE DEPUTY DIRECTOR OF EDUCATION, DD OFFICE, KOTTAYAM 686001. 4. THE DISTRICT EDUCATION OFFICER, DEO OFFICE, KANJIRAPPALLY, AT PONKUNNAM PO, KOTTAYAM 686506. 5. THE DISTRICT EDUCATION OFFICER, DEO OFFICE, KOTTAYAM 686001. 6. THE MANAGER, CORPORATE MANAGEMENT OF SCHOOLS, ARCH DIOCESE OF CHANGANACHERRY, KOTTAYAM 686101. R6 BY ADV. SRI.B.PRAMOD R6 BY ADV. SRI.P.V.MATHEW R1-R5 BY GOVERNMENT PLEADER SRI B.UNNIKRISHNA KAIMAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27-03-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 1840 of 2016 (D)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXT.P1: A TRUE COPY OF THE ORDER OF THIS HON'BLE COURT IN WPC.NO.21697/2014 DATED 26.08.2014

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EXT.P2: A TRUE COPY OF THE ORDER DATED 22.12.2014 ISSUED BY THE 2ND RESPONDENT DPI

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EXT.P3: TRUE COPY OF THE GO (P) NO.226/2002/G.EDN. DATED 14.06.2003. EXT.P4: TRUE COPY OF THE ORDER OF THIS HON'BLE COURT DATED 18.08.2015 IN WPC.NO.25148/2015. EXT.P5: TRUE COPY OF THE ORDER DATED 23.11.2015 ISSUED BY THE 1ST RESPONDENT. EXT.P6: TRUE COPY OF THE LETTER OF DEO, KANJIRAPPALLY DATED 10.12.2015.

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RESPONDENT(S)' EXHIBITS

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EXT.R6(a): TRUE COPY OF THE LETTER NO.RA2/24548/2015/DPI/ND ISSUED BY THE 2ND RESPONDENT.

/TRUE COPY/

P.S TO JUDGE

P.V.ASHA, J.

W.P(C) No.1840 of 2016-D

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Dated this the 27^th day of March, 2017

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JUDGMENT

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The petitioner has filed the writ petition challenging her transfer from St.George High School, Manimala, Kottayam seeking the following reliefs:

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“(i) issue appropriate writ or orders directing the respondents 1 to 4 to permit the petitioner to continue in St.George High School, Manimala, Kottayam till she is permitted to join at St.Shanthal's School, Mammood, Kottayam, in terms of the direction contained in Exhibit P5;

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(ii) issue a writ of mandamus or orders directing the respondents 1 to 4 to ensure implementation of direction contained in Exhibit P5 or else to permit the petitioner to continue in St.George High School, Manimala and to retire from service on 31.03.2016;

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(iii) declare that the 4^th respondent cannot order withholding of salary and other perks of the petitioner without taking steps to get the directions in Exhibit P5 implemented.

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(iv) Issue a writ of mandamus or any other writ or order directing the 1^st respondent to retain the petitioner in St.George High School, Manimala in the given circumstances so as to permit her to receive salary and other perks, to forward the pension papers and to retire from service on 31.3.2016.

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and

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(v) Issue any other writ or order as deemed fit by this Hon'ble court in the greater interest of justice.”

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The petitioner retired from service on 31.03.2016. It

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is pointed out that despite Ext.P5 order passed by the Government directing to accommodate the petitioner in an

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W.P(C) No.1840 of 2016-D 2

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available vacancy against a sanctioned post under the management, the petitioner had to continue at St.Mary's High School, Manimala, where there was no post, as no orders were passed in implementation of that order, by the manager. Therefore, the petitioner had to retire from service on 31.03.2016 without getting salary for the period from December, 2015 onwards. The petitioner now seeks directions for payment of salary due to her from December, 2015 and for disbursement of her retirement benefits.

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The 3^rd respondent has filed a counter affidavit stating that the post of Sewing Teacher in St.George High School, Manimala was abolished in the year 2014-15 and the petitioner became excess without sanctioned post in that school. At the same time, it is stated that a regular vacancy of sewing teacher was available at St.Shantal's High School, Mammood under the very same management in 2014-15. But instead of accommodating the petitioner in that school and, the manager appointed a fresh hand. According to the 3^rd respondent, the corporate manager should have taken immediate steps to see that the petitioner was accommodated in a school where the post

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W.P(C) No.1840 of 2016-D

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was available. In para.10 of the counter affidavit it is stated that even though the respondents had issued a notice to the manager to comply with the Government Order Ext.P5, where the Government had directed the manager to adjust the petitioner against the existing vacancy in St.Shantal's High School, Mammood, he did not take any action and therefore, notice was issued to the manager under Rule 7 of Chapter III KER, proposing his disqualification.

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At any rate, the petitioner is aggrieved by the inaction of the manager and denial of salary and pensionary benefits based on that. The fact remains that the petitioner continued in a school where there was no post, when a post was available in another school, under the same management.

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In the above circumstances, the writ petition is disposed of directing the Manager to issue orders shifting the lien of the petitioner to St.Shantal's High School, Mammood for the period from December, 2015 onwards within a period of two weeks. On receipt of such orders shifting the lien, respondents 3 to 5 shall see that the arrears of salary due to the petitioner from December, 2015 onwards are paid to her. Pensionary benefits

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W.P(C) No.1840 of 2016-D

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also shall be sanctioned and disbursed to the petitioner, within a period of 3 months from the date of receipt of a copy of the judgment.

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Sd/- (P.V.ASHA, JUDGE)

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rtr/

Daisamma Joseph v. the State of Kerala

Case brief

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Daisamma Joseph v. the State of Kerala

Case brief

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