Allowed

Manju K.P. v. the Manager

Kerala HC20 Dec 2018WP(C)/11477/2018

Case brief

AI extract

What is this about?

The Kerala High Court adjudicated two writ petitions concerning appointment disputes for Senior Secondary Teacher posts. Observing that the rival claim had been given up, the court directed the authorities to confirm the petitioner's appointment from the initial date and disburse salary arrears within three months.

What did the court decide?

Appointment of petitioner as H.S.S.T. from initial date; direction to disburse salary arrears within three months if duties were discharged, or grant notional appointment otherwise.

Manju K.P. Vs the Manager — Pension and Retirement Benefits | Kerala HC (2018)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 29TH AGRAHAYANA, 1940

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WP(C).No. 11477 of 2018

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PETITIONER:

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MANJU K.P. W/O. RAJESH, KUNNATH HOUSE, P.O. AZHIKODE, KANNUR (DIST.), KERALA.

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BY ADVS. SMT.P.SHEEBA SRI.VISHAK.K.JOHNSON

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RESPONDENTS:

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1 THE MANAGER AZHIKODE HIGHER SECONDARY SCHOOL, AZHIKODE P.O., KANNUR DT.-670 009.

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2 THE REGIONAL DEPUTY DIRECTOR HIGHER SECONDARY EDUCATION DEPARTMENT, PAYYAMBALAM, KANNUR-670 001.

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3 THE STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT, HIGHER SECONDARY EDUCATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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WP(C).Nos. 11477/18 & 32199/18

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..2..

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4 SRUTHI PAVITHRAN HIGHER SECONDARY SCHOOL TEACHER, AZHIKODE HIGHER SECONDARY SCHOOL, AZHIKODE P.O., KANNUR DT. -670009.

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BY ADVS. GOVERNMENT PLEADER SRI.V.A.MUHAMMED

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20.12.2018, ALONG WITH WP(C).32199/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).Nos. 11477/18 & 32199/18

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..3..

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

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THURSDAY ,THE 20TH DAY OF DECEMBER 2018 / 29TH AGRAHAYANA, 1940

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WP(C).No. 32199 of 2018

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PETITIONER:

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MANJU.K.P AGED 28 YEARS W/O. REJESH, KUNNATH HOUSE, P.O.AZHIKODE, KANNUR DISTRICT, KERALA.

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BY ADVS. SMT.P.SHEEBA SRI.VISHAK.K.JOHNSON

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RESPONDENTS:

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1 THE MANAGER AZHIKODE HIGHER SECONDARY SCHOOL, AZHIKODE P.O., KANNUR DT- 670 009

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2 THE REGIONAL DEPUTY DIRECTOR HIGH SECONDARY EDUCATION DEPARTMENT PAYYAMBALAM, KANNUR 670 001

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WP(C).Nos. 11477/18 & 32199/18

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..4..

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3 THE STATE OF KERALA REP BY THE SECRETARY TO GOVERNMENT HIGHER SECONDARY EDUCATION DEPARTMENT GOVT. SECRETARIAT, THIRUVANANTHAPURAM 695 001

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BY ADVS. GOVERNMENT PLEADER SHRI.DINESH KUMAR K. SRI.V.A.MUHAMMED

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20.12.2018, ALONG WITH WP(C).11477/2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).Nos. 11477/18 & 32199/18

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..5..

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JUDGMENT

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In the light of the fact that the rival claim has been given up, the petitioner-Smt.Manju K.P is entitled to be appointed as HSST. Therefore, there shall be a direction to the 2^nd respondent to act upon the proposal submitted by the manager and approve the appointment of Smt.Manju K.P from the initial date of the appointment. If, the petitioner-Smt.Manju.K.P. had worked in the school, she should be given the entire salary from the date on which she discharged her duty as HSST. However, if she had not discharged her duties from the initial date of appointment, she should be atleast given notional appointment from the initial date of appointment. Needful shall be done by the 2^nd respondent within a period of one month. Arrears shall be disbursed within

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WP(C).Nos. 11477/18 & 32199/18

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three months.

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If the proposal is not pending before the Regional Deputy Director, the incumbent manager shall forward such proposal in the light of the

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discussions as above.

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Accordingly, these writ petitions are

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disposed of.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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PR/20.12.2018

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WP(C).Nos. 11477/18 & 32199/18

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..7..

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APPENDIX OF WP(C) 11477/2018

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 COPY OF RANK LIST PUBLISHED FOR APPOINTMENT TO THE POST OF HSST (COMPUTER APPLICATION).

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EXHIBIT P2 COPY OF THE PROCEEDINGS OF THE SELECTION COMMITTEE.

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EXHIBIT P3 COPY OF THE MINUTES OF THE SELECTION COMMITTEE.

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EXHIBIT P4 COPY OF THE COMMUNICATION DATED 5.3.2018 ISSUED BY THE FIRST RESPONDENT UNDER RIGHT TO INFORMATION ACT.

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EXHIBIT P5 COPY OF THE REPRESENTATION DATED 8.3.2018 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT.

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WP(C).Nos. 11477/18 & 32199/18

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..8..

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APPENDIX OF WP(C) 32199/2018

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 COPY OF RANK LIST PUBLISHED FOR APPOINTMENT TO THE POST OF HSST (COMPUTER APPLICATION)

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EXHIBIT P2 COPY OF THE PROCEEDING OF THE SELECTION COMMITTEE

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EXHIBIT P3 COPY OF THE MINUTES OF THE SELECTION COMMITTEE

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EXHIBIT P4 COPY OF THE APPOINTMENT ORDER DATED 1.6.2018 ISSUED BY THE FIRST RESPONDENT

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EXHIBIT P5 COPY OF THE JOINING REPORT DATED 1.6.2018 SIGNED BY THE PRINCIPAL

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EXHIBIT P6 COPY OF THE COMMUNICATION ISSUED BY THE DIRECTOR HIGHER SECONDARY EDUCATION TO THE SECOND RESPONDENT DATED NIL

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EXHIBIT P7 COPY OF THE REPRESENTATION DATED 22.9.2018 SUBMITTED BY THE PETITIONER BEFORE THE SECOND RESPONDENT

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EXHIBIT P8 COPY OF THE APPOINTMENT ORDER DATED 31.03.2018 ISSUED BY THE FIRST RESPONDENT

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EXHIBIT P9 COPY OF THE APPLICATION FOR APPROVAL OF APPOINTMENT DATED 31.03.2018 SUBMITTED BY THE FIRST RESPONDENT BEFORE THE SECOND RESPONDENT

Manju K.P. v. the Manager

Case brief

What is this about?

What did the court decide?

Manju K.P. v. the Manager

Case brief

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What did the court decide?

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