Allowed

Jose Joseph v. the State of Kerala

Kerala HC6 Apr 2017WP(C)/24395/2013

Case brief

AI extract

What is this about?

This court allowed a writ petition filed by an HSA Malayalam teacher seeking recognition of his appointment dated June 2, 2008, which had previously been rejected. The court set aside the order of rejection and directed the respondents to grant approval of his appointment and ensure payment of all consequential monetary benefits within three months.

What did the court decide?

Exhibit P16 order set aside; respondents directed to grant appointment approval w.e.f. 02.06.2008 and disburse monetary benefits within three months.

Jose 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 MRS. JUSTICE ANU SIVARAMAN

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THURSDAY, THE 6TH DAY OF APRIL 2017/16TH CHAITHRA, 1939

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WP(C).No. 24395 of 2013 (Y)

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PETITIONER(S)/PETITIONER:

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JOSE JOSEPH, S/O.M.M.JOSEPH,H.S.A.(MALAYALAM), J.J.M.H.S.S, YENDAYAR, KOTTAYAM DISTRICT.

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BY ADVS.SRI.V.C.JAMES SRI.SEBASTIAN JOSEPH (KURISUMMOOTTIL)

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RESPONDENT(S)/RESPONDENTS:

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1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.

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3. THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM-686101.

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4. THE DISTRICT EDUCATIONAL OFFICER, KANJIRAPPALLY,KOTTAYAM DISTRICT-686121.

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5. THE MANAGER,

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J.J.M.H.S.S.,YENDAYAR.P.O.,YENDAYAR,KOTTAYAM DISTRICT-686131.

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R1-R4 BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06-04-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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SKG

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WP(C).No. 24395 of 2013 (Y)

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APPENDIX

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PETITIONE ---------	R(S)' EXHIBITS --------------
EXT.P1	TRUE COPY OF THE APPOINTMENT ORDER DATED 1-6-2007
EXT.P2	THE TRUE COPY OF THE STATEMENT OF CHANGE OF STAFF SUBMITTED TO THE DEPARTMENT
EXT.P3	TRUE COPY OF THE JOINING DUTY CERTIFICATE ISSUED BY THE HEADMASTER ON 1-6-2007
EXT.P4	TRUE COPY OF G.O(P)NO.46/2006.G.EDN.DATED 1-2-2006.
EXT.P5	THE PHOTOCOPY OF THE LETTER DATED 28-01-2008 BY THE MANAGER FORWARDED THE PROPOSAL FOR APPOINTMENT OF THE PETITIONER TO THE DISTRICT EDUCATIONAL OFFICER
EXT.P6	A TRUE COPY OF THE ORDER OF THE D.E.O.KANJIRAPPALLY DATED 31-3-2009.
EXT.P7	TRUE COPY OF THE STATUTORY APPEAL BEFORE THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM ON 4-5-2009 PREFERRED BY THE MANAGER
EXT.P8	TRUE COPY OF THE APPOINTMENT ORDER DATED 2/6/2008
EXT.P9	TRUE COPY OF THE COMMUNICATION DATED 12-1-2009 OF THE D.E.O.
EXT.P10	TRUE COPY OF REPLY ON 20/2/2009 SENT BY THE MANAGER STATING THE APPOINTMENT OF SRI.P.J.JOHN.
EXT.P11	TRUE COPY OF THE APPOINTMENT ORDER DATED 1-11-2008 ISSUED IN FAVOUR OF P.J.JOHN.
EXT.P12	TRUE COPY OF THE COMMUNICATION DATED 3-11-2008 TO THE DEPUTY DIRECTOR OF EDUCATION
EXT.P13	TRUE COPY OF POSTAL COVER PAGE WITH THE ENDORSEMENT "UNCLAIMED RETURNED TO SENDER".
EXT.P14	TRUE COPY ORDER NO.B3/4223/08/K.DIS.DATED 2-4-2009 OF THE D.E.O.
EXT.P15	TRUE COPY OF THE APPEAL PETITION DATED 4-5-2009 SUBMITTED BEFORE THE DEPUTY DIRECTOR OF EDUCATION.

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WP(C).No. 24395 of 2013 (Y)

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EXT.P16	TRUE COPY OF THE ORDER NO.B5/6813/09/K.DIS.DATED 19/10/2009 OF THE DEPUTY DIRECTOR OF EDUCATION,KOTTAYAM
EXT.P17	TRUE COPY OF THE LETTER NO.H(1)76325/08/DPI DATED 15- 11-2008 OF THE DPI
EXT.P18	TRUE COPY OF THE ORDER NO.ET3/27387/10/DPI/K.DIS.DATED 7/6/2010 OF THE D.P.I.
EXT.P19	TRUE COPY OF THE REVISION PETITION FILED ON 7-7-2010 BEFORE THE FIRST RESPONDENT
EXT.P20	TRUE COPY OF THE COMMUNICATION DATED 18/8/2010 FORWARDED TO THE FIRST RESPONDENT BY THE MANAGER
EXT.P21	TRUE COPY OF THE HEARING NOTICE DATED 21-3-2011
EXT.P22	TRUE COPY OF THE COMMUNICATION DATED 30-06-2009
EXT.P23	TRUE COPY OF COMMUNICATION DATED 07-12-2009 SENT BY THE MANAGER TO THE HEADMASTER,R.S.M.HIGH SCHOOL, PAZHANGALAM.
EXT.P24	TRUE COPY OF THE COMMUNICATION DATED 16-2-2010 BY THE MANAGER TO THE 4TH RESPONDENT
EXT.P25	TRUE COPY OF THE COMMUNICATION DATED 24/3/2010 OF THE DEPUTY DIRECTOR OF EDUCATION,KOTTAYAM ADDRESSED TO THE D.E.O,KANJIRAPPALLY FORWARDED TO THE MANAGER.
EXT.P26	TRUE COPY OF APPOINTMENT ORDER DATED 10-06-2010 IN FAVOUR OF ONE LALITHAKUMARI (SL.NO.I)IN EXT.P25 LIST ISSUED BY THE MANAGER
EXT.P27	TRUE COPY OF COMMUNICATION DATED 10-06-2010 BY THE MANAGER TO THE HEADMASTER OF PTMVHS,MARUTHOORKONAM.
EXT.P28	TRUE COPY OF COVER RETURNED UNSERVED THE EXT.P27 TO THE MANAGER ON 21/6/2010
EXT.P29	TRUE COPY OF THE COMMUNICATION NO.B2/2010-11 DATED 22-6-2011.
EXT.P30	TRUE COPY OF LETTER DATED 7/7/2010 OF THE MANAGER TO THE DEPUTY DIRECTOR OF EDUCATION,KOTTAYAM AND THIRUVANANTHAPURAM.

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WP(C).No. 24395 of 2013 (Y)

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EXT.P31	TRUE COPY OF JUDGMENT DATED 4-6-2013 IN W.P(C)29219 OF 2012(B)OF THIS HONOURABLE COURT.
EXT.P32	TRUE COPY OF THE COMMUNICATION NO.42145/E3/2013.G.EDN. DATED 1-8-2013 ALONG WITH G.O.(RT)4986/2011/G.EDN. DATED 11.11.2011
EXT.P33	TRUE COPY OF THE ORDER NO.B3/4224/08/K.DIS.DATED 29-6- 2009 OF THE D.E.O,KANJIRAPPALLY.
EXT.P34	A TRUE COPY OF THE APPROVAL OF APPOINTMENT ORDER NO.B3/17/13/K.DIS.DATED 14-1-2012 OF THE D.E.O,KANJIRAPPALLY.
EXT.P35	TRUE COPY OF JUDGMENT DATED 19/2/2013 IN W.A.NO.178/2012 OF THIS HONOURABLE COURT
RESPONDEN ---------	T(S)' EXHIBITS -------------- NIL

/TRUE COPY/

P.S. TO JUDGE

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ANU SIVARAMAN, J.

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= = = = = = = = = = = = = = = W.P.(C).No.24395 of 2013

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= = = = = = = = = = = = = = = Dated this the 6^th day of April, 2017

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JUDGMENT

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1.Heard the learned counsel for the petitioner, the learned Government Pleader and the learned counsel appearing for the 5^th respondent.

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2.Petitioner was appointed as HSA (Malayalam) in the 5^th respondent's school from 02.06.2008. Approval was granted only from 01.06.2011. The reason for rejection of approval from 02.06.2008 was that the vacancy in which the petitioner was accommodated should have been filled up by appointing a protected teacher.

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3.It is submitted by the learned counsel for the petitioner that issue involved in this writ petition is covered by a judgment of this Court in Nadeera V. State of Kerala [2011 (3) KLT 790] as approved by a Division Bench of this Court in State of

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Kerala v. Nadeera [2013 (3) KLT 88].

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W.P.(C).No.24395/13

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In the above view of the matter, this writ petition is allowed. Exhibit P16 order is set aside and it is directed that respondents 1 to 4 shall grant approval of the appointment of the petitioner as HSA (Malayalam) w.e.f. 02.06.2008 and grant him all monetary benefits. Consequential orders shall be passed and monetary benefits shall be calculated and disbursed to the petitioner within a period of three months from the date of receipt of a copy of this judgment.

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sd/-

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Anu Sivaraman, Judge

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Jose Joseph v. the State of Kerala

Case brief

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Jose Joseph v. the State of Kerala

Case brief

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