Disposed

K.M.Dhanya v. the State of Kerala

Kerala HC5 Dec 2017WP(C)/31048/2017

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition filed by an Assistant Teacher regarding salary arrears and appointment validity. The Court directed the Government to consider the petitioner's revision petition within three months while maintaining interim salary payments.

What did the court decide?

Director of Public Instruction to pass orders on revision petition within three months after hearing petitioner; interim salary retention.

K.M.Dhanya 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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TUESDAY, THE 5TH DAY OF DECEMBER 2017/14TH AGRAHAYANA, 1939

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WP(C).No. 31048 of 2017 (E)

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PETITIONER(S):

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K.M.DHANYA, WIFE OF SAM, AGED 35 YEARS, HIGH SCHOOL ASSISTANT(NATURAL SCIENCE), S N T HIGHER SECONDARY SCHOOL, CHERTHALA, POST S N PURAM, CHERTHALA, ALAPPUZHA DISTRICT.

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BY ADVS.SRI.V.A.MUHAMMED SRI.V.RAJASEKHARAN NAIR

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RESPONDENT(S):

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

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2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-695014.

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3. THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA-688001.

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4. THE DISTRICT EDUCATIONAL OFFICER, CHERTHALA, ALAPPUZHA DISTRICT-688524.

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5. THE MANAGER, S N TRUSTS SCHOOL, KOLLAM-691001.

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6. THE SUB TREASURY OFFICER, CHERTHALA, ALAPPUZHA DISTRICT-688524.

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R1 TO R4 & R6 BY GOVERNMENT PLEADER SRI.E.S.ASHRAF

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05-12-2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 31048 of 2017 (E)

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APPENDIX

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PETITIONER(S)' EXHIBITS

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EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.2006 AND APPROVAL THEREON.

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EXHIBIT P2 TRUE COPY OF THE LETTER NO.25180/A3/2014/G.EDN. DATED 15.10.2014 OF THE GOVERNMENT.

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EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 22.07.2009 AND APPROVAL THEREON.

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EXHIBIT P4 TRUE COPY OF THE LETTER NO.B5/5345/2017 DATED 02.08.2017 OF THE 4TH RESPONDENT.

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EXHIBIT P5 TRUE COPY OF THE LETTER NO.F4/26542/2015 DATED 19.12.2015 ALONG WITH THE RELEVANT PAGE OF THE AUDIT OBJECTION.

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EXHIBIT P6 TRUE COPY OF THE REVISION PETITION SUBMITTED BEFORE THE GOVERNMENT DATED 22.09.2017.

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RESPONDENT(S)' EXHIBITS - NIL

TRUE COPY

PS TO JUDGE

ANU SIVARAMAN, J.

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= = = = = = = = = = = = = = = W.P.(C).No.31048 of 2017

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= = = = = = = = = = = = = = = Dated this the 5^th day of December, 2017

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JUDGMENT

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1.This writ petition is filed with the following prayers:-

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i. call for the records relating to Exhibits P-4 and P-5 and set aside the originals of the same by the issue of a writ of certiorari or other appropriate writ or order.

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ii. Declare that Exhibit P3 approval of appointment of the petitioner as HSA(NS) from 1.6.2011 on the basis of Exhibit P2 Government letter is legally valid and sustainable.

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iii. Issue a writ of mandamus or other appropriate writ order or direction commanding the respondents to release the pay and allowances of the petitioner from August 2017 onwards forthwith.

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iv. Issue a writ of mandamus or the appropriate writ order or direction commanding the 1^st respondent to effectively consider and pass appropriate orders upon Exhibit P-6 after affording an opportunity of being heard to the petitioner within a time limit and in the meantime Exhibit P-4 order may be kept in abeyance.”

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

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W.P.(C).No.31048/17

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3.It is submitted by the learned Government Pleader that the petitioner is being paid salary in the scale of pay of HSA on the basis of the interim order granted by this Court. The learned Government Pleader further submits that Exhibit P6 representation preferred by the petitioner is pending before the 1^st respondent.

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4.The learned counsel for the petitioner submits that the petitioner's appointment has been approved with effect from 01.06.2011 without any time limit. It is further stated that the vacancy of HSA to which the petitioner was appointed is continuing. The further case of the petitioner is that since the petitioner is working against a sanctioned post in a continuing vacancy, no orders can been passed limiting the salary of the petitioner on the basis of any audit objection. It is submitted that the issue is covered by several decisions of this Court.

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5.The petitioner has preferred Exhibit P6 petition before the Government. It is also not disputed that the petitioner is being paid salary of HSA in view of the interim order. In the above

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W.P.(C).No.31048/17

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circumstances, this writ petition is disposed of directing the 1^st respondent to pass orders on Exhibit P6 revision petition preferred by the petitioner, after hearing the petitioner as well and considering the contentions raised by her. Orders shall be passed by the 1^st respondent within a period of three months from the date of receipt of a copy of this writ petition. It is made clear that the interim order will remain in force and the petitioner shall be paid the salary of HSA.

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Writ petition is ordered accordingly.

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sd/- Anu Sivaraman, Judge

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K.M.Dhanya v. the State of Kerala

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K.M.Dhanya v. the State of Kerala

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