Allowed

Seema Karimbil v. State of Kerala

Kerala HC19 Dec 2018WP(C)/21889/2018

Case brief

AI extract

What is this about?

Petitioner sought approval of appointment from date of joining in a government school and arrears of salary. Court allowed plea holding petitioner entitled if substantive vacancy existed, directing authorities to decide on vacancy and grant arrears within three months.

What did the court decide?

Impugned order set aside; appropriate decision on vacancy and grant of arrears within three months.

Seema Karimbil Vs State of Kerala — 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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WEDNESDAY, THE 19TH DAY OF DECEMBER 2018 / 28TH AGRAHAYANA, 1940

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WP(C).No.21889 of 2018

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PETITIONER:

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SEEMA KARIMBIL

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AGED 39 YEARS, W/O.KAMALAKSHAN.K, H.S.A.(MALAYALAM), SABTM HIGHER SECONDARY SCHOOL, THAYINERI, PAYYANUR P.O, KANNUR DIST. PIN: 670 307.

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BY ADVS. SRI.MURALI PALLATH SRI.C.K.RAJASEKHARA PANICKER

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVT., GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT (ANNEX), THIRUVANANTHAPURAM. PIN:695 001.

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2 THE DIRECTOR OF PUBLIC INSTRUCTION,

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JAGATHY. P.O., THIRUVANANTHAPURAM, PIN: 695 014.

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3 THE DEPUTY DIRECTOR OF EDUCATION,

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KANNUR, THANA P.O, KANNUR DIST. PIN: 670 002.

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4 THE DISTRICT EDUCAITONAL OFFICER, TALIPARAMBA, KANNUR DIST. PIN: 670 141.

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5 THE MANAGER

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S.A.B.T.M. HIGHER SECONDARY SCHOOL,THAYINERI, PAYYANUR P.O, KANNUR DIST. PIN: 670 307.

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BY ADV. SRI.V.A.MUHAMMED

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OTHER PRESENT:

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SMT.G.RENJITA, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.21889/2018

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J U D G M E N T

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The petitioner was not given approval of appointment from the initial date of appointment for the reason that the manager failed to appoint one protected teacher in the light of G.O.(P) No.46/06/G.Edn dated 01.02.2006. The petitioner was given approval when the Manager appointed one protected teacher in the year 2010. The appointment was given effect to from 16.06.2010. The petitioner's original appointment was on 02.01.2006. The petitioner's case is that no list of protected teacher was furnished.

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It is to be noted that the list of protected teacher was furnished long after the appointment of the petitioner.

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That being the case, the petitioner is entitled for approval from the initial date of appointment provided there exists substantive vacancy to appoint the petitioner.

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In the light of the above, the impugned order is set aside. Appropriate decision shall be taken within a period of three months after verifying the nature of the vacancy exists at the time of appointment. If the petitioner is entitled for approval from the initial date of appointment, the petitioner shall be given arrears of salary within a further period of

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W.P.(C) No.21889/2018

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three months. It is made clear that the petitioner's claim cannot be rejected on the ground of availability of protected teacher.

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This writ petition is disposed of as above.

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Sd/-

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A.MUHAMED MUSTAQUE

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JUDGE

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smp

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W.P.(C) No.21889/2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF APPOINTMENT ORDER DATED 02-01- 2006.
EXHIBIT P2	TRUE COPY OF ORDER NO.B2/443/06 K. DIS. DATED 20-09-2006
EXHIBITP3	TRUE COPY OF ORDER NO.EM3/17986/2007/DPI/K.DIS. DATED 09-04- 2007
EXHIBITP4	TRUE COPY OF ORDER NO.B2/2801/12 DATED 19- 09-2012
EXHIBITP5	TRUE COPY OF APPEAL PETITION DATED 23-07- 2013 SUBMITTED BY THE PETITIONER
EXHIBITP6	TRUE COPY OF 2011(3) KHC 650.
EXHIBIT P7	TRUE COPY OF REVISION PETITION DATED 24-12- 2016 SUBMITTED BY THE PETITIONER
EXHIBITP8	TRUE COPY OF JUDGMENT DATED 06-01-2017 OF THE HON'BLE HIGH COURT OF KERALA IN WP(C) NO.448 OF 2017
EXHIBITP9	TRUE COPY OF G.O(RT) NO.1812/2018/G.EDN. DATED 17-05-2018
EXHIBITP10	TRUE COPY OF JUDGMENT DATED 13-03-2015 OF THE HON'BLE HIGH COURT IN WP(C) NO.35292 OF 2009
EXHIBITP11	TRUE COPY OF APPOINTMENT ORDER DATED 01-06- 2005 ISSUED BY THE 5TH RESPONDENT.

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RESPONDENTS' EXHIBITS: NIL.

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True Copy

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P.S to Judge

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smp

Seema Karimbil v. State of Kerala

Case brief

What is this about?

What did the court decide?

Seema Karimbil v. State of Kerala

Case brief

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