Allowed

Smitha B v. State of Kerala

Kerala HC21 Nov 2018WP(C)/6325/2018

Case brief

AI extract

What is this about?

The Court held that the period from 17/02/2014 to 04/08/2015 shall be counted as the petitioner's service as HSA for the purpose of service benefits, as the original appointee was granted leave for the full term. However, no salary benefit is to be granted to the petitioner, and the respondent authority is directed to treat the period notionally within a specified timeline.

What did the court decide?

The period from 17/02/2014 to 04/08/2015 to be counted as service as HSA for benefits only; on salary, not to be granted. Manager directed to forward proposal within one month.

Smitha B 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 21ST DAY OF NOVEMBER 2018 / 30TH KARTHIKA, 1940

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WP(C).No. 6325 of 2018

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PETITIONER:

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SMITHA B

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W/O. N. RADHAKRISHNAN, NOW WORKING AS HSA (SOCIAL STUDIES),VIM H.S.S. PALLASSANA, PALAKKAD, RESIDING AT NARAYANA NIVAS, MARIYAMMANKUDATHIL, KANNANOOR PADAM, PALLASSANA, PALAKKAD DISTRICT, PIN - 678 505

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BY ADV. SRI.PAULSON THOMAS

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RESPONDENT/S:

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1 STATE OF KERALA GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001

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2 THE DIRECTOR OF PUBLIC INSTRUCTION THIRUVANANTHAPURAM - 695 001

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3 DISTRICT EDUCATIONAL OFFICER PALAKKAD - 678 001

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4 MANAGER VIM H.S.S. PALLASSANA PALAKKAD - 678 505

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BY ADV. GOVERNMENT PLEADER

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BY GOVERNMENT PLEADER, SRI.B UNNIKRISHNA PODUVAL

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 21.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C)No.6325/2015

JUDGMENT

Short issue in this writ petition in regard to the service of the petitioner as HSA from 17/02/2014 to 04/08/2015.

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The petitioner was appointed in a leave vacancy of Smt.Anitha Kumari from 12/01/2013 to 11/01/2018 as per Ext.P1 Order dated 12/01/2013. Smt.Anitha Kumari cancelled her leave and rejoined on 17/02/2014. This resulted in reversion of the petitioner as UPSA. As the matter stands now, Government granted leave by Ext.P5 Order dated 09/03/2017 to Smt.Anitha Kumari for five years from 12/01/2013 to 11/01/2018. It is to be noted that Smt.Anitha Kumari resigned from her service and the petitioner was appointed in a regular vacancy with effect from 05/08/2015. That means, Smt.Anitha Kumari's rejoining has never happened for the reason that Government had granted her leave from 12/11/2013 to 11/01/2018. The fact remains that the Manager had passed an Order reverting the petitioner as UPSA as though Smt.Anitha Kumari rejoined on 17/02/2014. The leave granted by the Government will plainly establish that Smt.Anitha Kumari could not have claimed that she rejoined

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WP(C)No.6325/2015

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on 17/02/2014. Though the Manager accepted the request of the petitioner to withdraw the reversion, only the proposal of the petitioner for appointment as HSA from 12/01/2013 to 16/02/2014 was not forwarded for the reason that the petitioner had not worked only during that period.

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It is true that the petitioner had not worked during that period of time, but fact remains that Smt.Anitha Kumari was granted leave for the entire period she applied. That be the case, the petitioner was illegally denied the right to continue as HSA. The petitioner cannot claim salary for the period during which she had not worked as HSA. But nothing prevents the authority in recognizing the period for the limited purpose of service benefits.

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Therefore, I am of the view that the period from 17/02/2014 to 04/08/2015 shall be counted as her service as an HSA and no salary need to be paid to the petitioner. The Manager is directed to forward the proposal of the petitioner for the period of 17/02/2014 to 04/08/2015 as HSA notionally. This direction is issued consequent upon granting leave to Smt.Anitha Kumari for her full term.

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It is made clear that no salary benefit will enure to the petitioner except for its counting it by her service benefits. Needful shall be done by

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the Manager within one month, thereafter, necessary Orders shall be passed

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by the District Educational Officer (DEO) within a further period of two months.

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The writ petition is disposed accordingly.

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Sd/-

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A.MUHAMED MUSTAQUE

JUDGE

APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT	P1:	TRUE COPY OF THE PETITIONER FROM 1	APPOINTMENT ORDER OF THE 2.01.2013
EXHIBIT	P2:	TRUE COPY OF THE KUMARI'S LEAVE AP	ORDER REJECTING SMT. ANITHA PLICATION.
EXHIBIT	P3:	TRUE COPY OF THE PETITION AS UPSA.	ORDER REVERTING THE
EXHIBIT	P4:	TRUE COPY OF THE	JUDGMENT DATED 06.09.2016.
EXHIBIT	P5:	TRUE COPY OF THE SANCTIONING LEAVE	GOVERNMENT ORDER SMT. ANITHA KUMARI.
EXHIBIT	P6:	TRUE COPY OF THE 38346/2015 DATED	JUDGMENT IN W.P.(C) NO. 08.09.2016.
EXHIBIT	P7:	TRUE COPY OF THE	PROCEEDINGS OF THE MANAGER.
EXHIBIT	P8:	TRUE COPY OF THE DPI.	REPRESENTATION GIVEN TO THE
EXHIBIT	P9:	TRUE COPY OF THE 32044/2017 DATED	JUDGMENT IN W.P.(C) NO. 09.10.2017.
EXHIBIT	P10:	TRUE COPY OF THE PALAKKAD.	PROCEEDINGS OF THE DEO
EXHIBIT	P11:	TRUE COPY OF THE 27.12.2017.	ORDER OF THE DPI DATED
RESPONDE	NTS' EXHIBITS:	NIL \TRUE COPY//

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PA TO JUDGE

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Smitha B v. State of Kerala

Case brief

What is this about?

What did the court decide?

Smitha B v. State of Kerala

Case brief

What is this about?

What did the court decide?

What the court decided

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