Allowed

Rejin.I.G v. Government of Kerala

Kerala HC6 Dec 2017WP(C)/28584/2017

Case brief

AI extract

What is this about?

Petitioner challenged an order of retrenchment in an academic year after being permitted to continue in service for previous years. Court held it was inappropriate to decide the matter in the writ petition and directed that the petitioner approach the Government in revision against the impugned order within two weeks.

What did the court decide?

Writ petition allowed. Petitioner directed to prefer revision against the order within two weeks; matter to be considered within three months thereafter.

Rejin.I.G Vs Government of Kerala — Pension and Retirement Benefits | Kerala HC (2017)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT:

¶3

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

¶4

WEDNESDAY, THE 6TH DAY OF DECEMBER 2017/15TH AGRAHAYANA, 1939

¶5

WP(C).No. 28584 of 2017 (W) ----------------------------

¶6

PETITIONER:

¶7

REJIN I.G., PLAKKOTPUTHENVEEDU, POREDOM P.O., CHADAYAMANGALAM, KOLLAM-691534.

¶8

BY ADV. SRI.P.N.MOHANAN

¶9

RESPONDENTS:

¶10

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

¶11

2. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM-695001.

¶12

3. DISTRICT EDUCATIONAL OFFICER, KOTTARAKARA, KOLLAM-691 506.

¶13

4. THE MANAGER, HIGH SCHOOL, ARKKANNOOR, ARKKANNOOR P.O., AYOOR, KOLLAM-691 533.

¶14

5. LEELAMANI AMMA K., H.S.A (MATHEMATICS), HIGH SCHOOL, ARKKANNOOR, ARKKANNOOR P.O., AYOOR, KOLLAM-691 533. R1-R3 BY SR. GOVERNMENT PLEADER SMT.NISHA BOSE

¶15

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶16

¶17

WP(C).No. 28584 of 2017 (W)

¶18

APPENDIX

¶19

PETITIO -------	NER(S)' -------	EXHIBITS ---------
EXHIBIT	P1	A TRUE COPY OF THE APPOINTMENT ORDER DATED 01.6.2010 ALONG WITH THE APPROVAL OF THE DEO.
EXHIBIT	P2	A TRUE COPY OF THE STAFF FIXATON ORDER DATED 17.12.2010.
EXHIBIT	P3	A TRUE COPY OF THE STAFF FIXATION ORDER DATED 18.7.2011.
EXHIBIT	P4	A TRUE COPY OF THE JUDGMENT DATED 10.11.2916 IN WPC NO. 19881/2015.
EXHIBIT	P5	A TRUE COPY OF THE STAFF FIXATION ORDER FOR THE YEAR 2011-2012 DATED 13.4.2016.
EXHIBIT	P6	A TRUE COPY OF THE ORDER DATED 15.2.2017 IN R.P NO.118 OF 2017.
EXHIBIT	P7	A TRUE COPY OF THE JUDGMENT REPORTED IN 2007(1) KLT 766.
EXHIBIT	P8	A TRUE COPY OF THE COMMUNICATION DATED 09.12.2016.
EXHIBIT	P9	A TRUE COPY OF THE ORDER DATED 17.1.2012 ISSUED BY THE 3RD RESPONDENT DEO.
EXHIBIT	P10	A TRUE COPY OF THE RELEVANT PORTION OF ATTENDANCE REGISTER FROM JUNE 2011 TO MARCH 2012.
EXHIBIT	P11	A TRUE COPY OF THE PAY BILL FOR THE MONTH JUNE IN THE ACADEMIC YEAR 2011-12.
EXHIBIT	P12	A TRUE COPY OF THE JUDGMENT DATED 01.6.2017 IN WPC NO. 18144/2017.
EXHIBIT	P13	A TRUE COPY OF THE REVISION PETITION DATED 09.6.2017 FLED BEFORE THE 2ND RESPONDENT.
EXHIBIT	P14	A TRUE COPY OF THE STATEMENT DATED 18.7.2017 FLED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.
EXHIBIT	P15	A TRUE COPY OF THE ORDER DATED 28.7.2017 ISSUED BY THE 2ND RESPONDENT.

¶20

RESPONDENT(S)' EXHIBITS

¶21

NIL

¶22

TRUE COPY P.S. TO JUDGE

¶23

¶24

ANU SIVARAMAN, J.

¶25

-------------------------------------------------W.P.(C) No.28584 of 2017

¶26

Dated this the 6^th day of December, 2017

¶27

J U D G M E N T

¶28

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

¶29

Ext.P15 order passed by the Director of Public Education is under challenge in this writ petition. It is submitted that the petitioner who had been working as HSA (English) in the 4^th respondent school was permitted in terms of Ext.P4 judgment to continue in service in preference to a senior hand in the post of HSA by the reduction of one post of HSA mathematics during the academic year 2010-2011. The petitioner contends that the petitioner is entitled to the same benefit in respect of the subsequent academic years also. The petitioner had approached the DPI, seeking the said benefit. This Court by Ext.P12 judgment had directed consideration of petitioner's revision. However, by Ext.P15 order, the DPI has again held that the senior HSA Mathematics is eligible for retention by virtue of seniority and that the

¶30

W.P.(C) No.28584 OF 2017 2

¶31

petitioner is liable to be retrenched due to division fall in respect of the academic year 2011-2012. The petitioner contends that the said finding is against Ext.P4 judgment.

¶32

The learned Government Pleader submits that Ext.P4 judgment had been rendered on the factual aspects with regard to the academic year 2010-11. It is contended that Ext.P6 order in a review petition filed by the petitioner would show that the petitioner cannot be held to be entitled to the benefit of Ext.P4 judgment in respect of all academic years. It is therefore contended that the question whether the petitioner would be entitled to continue in respect of the academic year 2011-12 has to be considered with reference to the factual aspects and taking note of the staff fixation order for the academic year as well.

¶33

In the above view of the matter, I am of the opinion that it is for the petitioner to move the Government in revision against Ext.P15 order. If the revision petition is preferred by the petitioner within a period of two weeks from the date of receipt of a copy of this judgment, the same shall be taken up, considered and orders passed after hearing the petitioner, also within a period of three months

¶34

W.P.(C) No.28584 OF 2017

¶35

¶36

thereafter.

¶37

The writ petition is ordered accordingly.

¶38

Sd/-

¶39

ANU SIVARAMAN JUDGE

¶40

sab

Rejin.I.G v. Government of Kerala

Case brief

What is this about?

What did the court decide?

Rejin.I.G v. Government of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

K.M.Dhanya Vs the State of Kerala

Dr. Roy A.O Vs the Secretary, Higher Education Department

Loveja George Vs the State of Kerala

Jyothikumari.N.K Vs Shri.N.Rajagopal

K.P.Jalaludeen Vs State of Kerala

Dr.Usha P.T.A Vs the Registrar