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Sajitha.S v. the State of Kerala

Kerala HC4 Dec 2018WP(C)/23678/2018

Case brief

AI extract

What is this about?

The High Court, Ernakulam disposed of a writ petition seeking regularization of service. Relying on an operative Government Order directing regularization with recovery of loss from a Respondent Manager, the Court approved the appointment within one month and ordered release of benefits within four months.

What did the court decide?

The appointment of the petitioner shall be approved within one month; state shall recover any loss from the Manager; benefits to be released within a further period of four months.

Sajitha.S Vs the 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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TUESDAY ,THE 04TH DAY OF DECEMBER 2018 / 13TH AGRAHAYANA, 1940

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WP(C).No.23678 of 2018

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PETITIONER/S:

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SAJITHA.S., AGED 36 YEARS, W/O. SANTHOSH KUMAR P.R, PALACKAL HOUSE, VATTAKKAVU, NEDUMKUNNAM, KOTTAYAM - 686 542(LOWER PRIMARY SCHOOL ASSISTANT, DEVASWOM BOARD HIGH SCHOOL, ERUMELI - 686 090.

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BY ADV. SRI.S.SUBHASH CHAND

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RESPONDENT/S:

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1 THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION(N), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

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2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - 695 014.

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3 THE DEPUTY DIRECTOR (EDUCATION), OFFICE OF THE DEPUTY DIRECTOR(EDUCATION), KOTTAYAM - 686 001.

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4 THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KANJIRAPPALLY- 686 507.

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5 THE CORPORATE MANAGER, TRAVANCORE DEVASWOM BOARD SCHOOLS, DEVASWOM BUILDINGS, NANTHANCODE, THIRUVANANTHAPURAM - 695 001.

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6 THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA - 689 101.

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BY ADVS. BY GOVERNMENT PLEADER, SMT.G.RENJITHA SRI.P.V.KUNHIKRISHNAN, SC, TDB

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.12.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.23678 of 2018 2

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JUDGMENT

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The petitioner approached this Court implementing Ext.P5 Government Order. The operative portion of the said Government Order reads thus:

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“In the above circumstances, Government are pleased to direct the District Educational Officer, Attingal to regularize the service of SR.T.S.Babu for the period from 02.06.2004 to 14.09.2006 as HSA(Maths) at DBHS, Vamanapuram by retrenching the junior most HSA (English) appointed irregularly by the Manager on or after 02.06.2004. The loss sustained to Government by way of payment of salary to the teacher should be recovered from the Manager, Devaswom Board Schools. The directions of the Hon'ble High Court in the judgment read as 2^nd paper above are complied with as above.”

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In the counter affidavit filed by the fourth respondent, it is stated that the entire loss suffered by the Government will have to be recovered from the Manager and since the Manager had not obeyed the order, the approval was not granted.

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WP(C).No.23678 of 2018 3

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Ext.P5 order of the Government is not

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under challenge by the Manager. Therefore, in such circumstances, it is ordered that the appointment of the petitioner shall be approved for the above period and the Government shall recover any loss from the Manager. Needful shall be done to approve the appointment of the petitioner within a period of one month and consequential benefits shall be released to the petitioner within a further period of four months.

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The 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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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 21/7/2006 ISSUED BY RESPONDENT NO.5. EXHIBIT P2 TRUE COPY OF THE ORDER DATED 13/7/2011 PASSED BY RESPONDENT NO.1. EXHIBIT P3 TRUE COPY OF THE ORDER DATED 27/3/2007 PASSED BY RESPONDENT NO.5.

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WP(C).No.23678 of 2018 4

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EXHIBIT P4 TRUE COPY OF THE APPOINTMENT ORDER DATED 17/10/2011 ISSUED BY RESPONDENT NO.5.

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EXHIBIT P5 TRUE COPY OF THE GOVERNMENT ORDER DATED 31/7/2008 PASSED BY RESPONDENT NO.1.

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EXHIBIT P6 TRUE COPY OF THE ORDER DATED 7/11/2017 PASSED BY RESPONDENT NO.4.

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EXHIBIT P7 TRUE COPY OF THE ORDER DATED 26/4/2018 IS PASSED BY RESPONDENT NO.3.

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EXHIBIT P8 TRUE COPY OF THE APPROVED APPOINTMENT ORDER DATED 26/6/2006 ISSUED BY RESPONDENT NO.5 AND APPROVED BY RESPONDENT NO.6.

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EXHIBIT P9 TRUE COPY OF THE APPOINTMENT ORDER DATED 3/6/2013 ISSUED BY RESPONDENT NO.5 AND APPROVED BY RESPONDENT NO.4.

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RESPONDENT'S/S EXHIBITS:

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EXHIBIT R5 (a) TRUE COPY OF THE ORDER NO. ET(3)/84398/13/DPI/K.DIS DATED 12-04-2014 ISSUED BY THE ADDITIONAL DPI(GENERAL).

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EXHIBIT R5(b) TRUE COPY OF THE ORDER EC.2/64073/12/K.DIS DATED 28-03-2016 ISSUED BY THE ADDITIONAL DPI. EXHIBIT R5(c) TRUE COPY OF THE ORDER NO. B3/8428/2011/K.DIS DATED 03-12-2016. EXHIBIT R5(d) TRUE COPY OF THE CIRCULAR NO. 951951/J-2/16/G.EDN DATED 09-11-2016. EXHIBIT R5(f) TRUE COPY OF THE APPEAL DATED 22-05-2018 SUBMITTED BY THE MANAGER TO THE DPI.

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//TRUE COPY//

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P.A.TO JUDGE

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Sajitha.S v. the State of Kerala

Case brief

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Sajitha.S v. the State of Kerala

Case brief

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