Disposed

Preetha Thomas v. the State of Kerala

Kerala HC7 Sept 2018WP(C)/5458/2018

Case brief

AI extract

What is this about?

The Court disposed of a writ petition regarding the irregular transfer and pending appointment approval of a High School Assistant. It directed the District Educational Officer to decide on Suni John's approval within a month and release monetary benefits within three months if granted.

What did the court decide?

Directed the District Educational Officer to decide on Suni John's approval within one month and release monetary benefits within three months.

Preetha Thomas Vs the State of Kerala — Pension and Retirement Benefits | Kerala HC (2018)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

¶4

FRIDAY ,THE 07TH DAY OF SEPTEMBER 2018 / 16TH BHADRA, 1940

¶5

WP(C).No.5458 of 2018

¶6

PETITIONER/S:

¶7

PREETHA THOMAS, W/O.RAJAN K.CHERIAN, ERAVIKULANGARA HOUSE, DEVAGIRI P.O., KANGAZHA, KOTTAYAM-686555 (HIGHER SECONDARY SCHOOL TEACHER (JUNIOR-MATHS) ST.BEHANAN'S HIGHER SECONDARY SCHOOL, VENNIKULAM, THIRUVALLA).

¶8

BY ADV. SRI.S.SUBHASH CHAND

¶9

RESPONDENT/S:

¶10

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

¶11

2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-695001.

¶12

3 THE DEPUTY DIRECTOR (EDUCATION), OFFICE OF THE DEPUTY DIRECTOR (EDUCATION), MALAPPURAM676505.

¶13

4 THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, WANDOOR, MALAPPURAM-679328.

¶14

5 THE CORPORATE MANAGER, CATHOLICATE & M.D.SCHOOLS, DEVALOKAM, KOTTAYAM-686038.

¶15

6 SRI.JOHN, W/O.VIJIMON A.S., PUTHENPARAMBIL, KANNAM P.O., KOTTAYAM (HIGH SCHOOL ASSISTANT (MATHS) MGM HIGHER SECONDARY SCHOOL, THIRUVALLA).

¶16

BY ADV. SRI.M.S.RADHAKRISHNAN NAIR

¶17

BY GOVERNMENT PLEADER, SRI.S.GOPINATHAN

¶18

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07.09.2018, ALONG WITH WP(C).26244/2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶19

WP(C).No.5458/2018 & conn.case 3

¶20

JUDGMENT

¶21

W.P.(C) No.26244/2017 is filed by Smt.Suni John. She

¶22

was promoted as High School Assistant in a school under

¶23

the Catholicate and M.D.Schools Corporate Management.

¶24

Suni John was transferred to the vacancy of Smt.Preetha Thomas, who was promoted as HSST(Jr.). Since Preetha Thomas's appointment as HSST (Jr.) was not approved, continuation of Suni John was found irregular and not approved. Challenging the above decision, Suni John has approached this Court

¶25

Preetha Thomas has also approached this Court by filing W.P.(C) No.5458/2018. The main prayer is to dispose Ext.P8 statutory revision petition filed by her. There appears to be some rivalry between Preetha Thomas and others in regard to seniority in H.S.A. That also resulted in delay in consideration of the claim for the appointment as HSST(Jr.).

¶26

WP(C).No.5458/2018 & conn.case 3

¶27

Today, the learned counsel for Suni John placed

¶28

before me the orders passed by the Regional Deputy Director, Higher Secondary Education, Chengannur dated 07.06.2018 and 13.7.2018. It seems that Preetha Thomas's appointment has been approved for different spells. In that view of the matter, the District Educational Officer shall take a decision in the matter of the approval of Suni John within a period of one month after hearing Suni John and others. The learned counsel for Suni John shall place the orders passed by the Regional Deputy Director, Higher Secondary Education, Chengannur before the District Educational Officer. Needless to say that if Suni John is granted approval, monetary benefits shall be released to her within a further period of three months.

¶29

These writ petitions are disposed of as above.

¶30

Sd/-

¶31

A.MUHAMED MUSTAQUE, JUDGE

¶32

WP(C).No.5458/2018 & conn.case 3

¶33

APPENDIX IN WP(C).No.5458 of 2018

¶34

PETITIONER'S/S EXHIBITS:

¶35

EXHIBIT	P1	TRUE COPY 05/07/2002	OF THE .	APPOINTMENT ORDER DATED
EXHIBIT	P2	TRUE COPY ISSUED BY	OF THE RESPOND	APPOINTMENT ORDER DATED 01/07/2009 ENT NO.5.
EXHIBIT	P3	TRUE COPY ISSUED BY	OF THE RESPOND	APPOINTMENT ORDER DATED 20/06/2011 ENT NO.5.
EXHIBIT	P4	TRUE COPY 28/05/2012	OF THE .	APPOINTMENT ORDER DATED
EXHIBIT	P5	TRUE COPY 27/06/2012	OF THE .	APPOINTMENT ORDER DATED
EXHIBIT	P6	TRUE COPY ISSUED BY	OF THE RESPOND	APPOINTMENT ORDER DATED 01/01/2014 ENT NO.5.
EXHIBI5	P7-	TRUE COPY ASSISTANT	OF THE (MATHS)	SENIORITY LIST OF HIGH SCHOOL AS ON 01/01/2012.
EXHIBIT	P8-	TRUE COPY SUBMITTED UNDER RULE	OF THE BY THE 92 CHA	STATUTORY REVISION PETITION PETITIONER BEFORE RESPONDENT NO.1 PTER XIVA KER.

¶36

RESPONDENTS EXHIBITS:NIL.

¶37

//TRUE COPY//

¶38

P.A.TO JUDGE

¶39

Preetha Thomas v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Preetha Thomas v. the State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Aditya S Kumar Vs Apj Abdul Kalam

Abhilash Antony Therattil Vs State of Kerala

Tony Thomas Vs Mahatma Gandhi University

Geetha.S.Narayana Vs Central Board of Secondary Education

Sharaf Arts and Science College, Padne Vs State of Kerala

The Chairman, Noorul Islam Trust Vs Union of India