Disposed

Sreekumari.S.L. v. the Secretary to Government

Kerala HC18 Jun 2019WP(C)/12350/2019

Case brief

AI extract

What is this about?

In a writ petition challenging rejection of compassionate posting and seniority determination, the Court observed that a revised seniority list had already been issued. Consequently, the petition's specific prayers became infructuous. However, the Court disposed of the petition by directing the respondent to consider a separate representation submitted separately with an opportunity of hearing wit

What did the court decide?

Petition disposed; Direction to 1st Respondent to consider Ext.P10 representation and pass orders after hearing within six weeks.

Sreekumari.S.L. Vs the Secretary to Government — Pension and Retirement Benefits | Kerala HC (2019)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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TUESDAY, THE 18TH DAY OF JUNE 2019 / 28TH JYAISHTA, 1941

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WP(C).No.12350 of 2019

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PETITIONER:

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SREEKUMARI.S.L. AGED 45 YEARS CLUSTER RESOURCE CENTRE CO-ORDINATOR, BLOCK RESOURCE CENTRE, SAMAGRA SIKSHA ABHIYAN (SSA), THIRUVAMBADY, ALAPUZAHA - 688 005.

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RESIDING AT “KRISHNAPRIYAM”, T.C. 68/1834 (1), NGRA, ARYANKUZHI LANE, KAMALESHWARAM, MANACADU P.O., THIRUVANANTHAPURAM - 695 009.

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BY ADV. SRI.MILLU DANDAPANI

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RESPONDENTS:

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1 THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 023.

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2 DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM, DDE OFFICE, KILLIPPALAM, THIRUVANANTHAPURAM - 695 023.

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3 DIRECTOR OF PUBLIC INSTRUCTIONS, DPI OFFICE, JAGATHI, THIRUVANANTHAPURAM - 695 014.

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BY ADV. SRI.B.UNNIKRISHNA KAIMAL ,GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.12350 of 2019

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JUDGMENT

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The writ petition is filed challenging

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Ext.P7 order passed by the 2^nd respondent rejecting the petitioner's request for a posting in Thiruvananthapuram District on compassionate grounds and for a direction to the 2^nd respondent to reconsider her case determining her seniority with reference to the commencement of her continuous service. Petitioner also prayed for a direction to the 2^nd respondent to determine her seniority from the date she joined as UPSA. 2. Now the petitioner herself has produced Ext.P8 seniority list, in which she has been assigned seniority reckoning her service as UPSA. As the seniority list has already been revised reckoning the service of petitioner as UPSA, the prayers 2 and 3 in the writ petition has substantially become infructuous. Along with I.A.Nos.3 and 4 of 2019, petitioner has produced Ext.P10 representation addressed to the

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WP(C).No.12350 of 2019

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Government. In Ext.P10 representation, petitioner has requested for a posting in Thiruvananthapuram District on compassionate grounds. She has stated that several teachers included therein have already been deployed and

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that there are vacancies in the Thiruvananthapuram District. Petitioner relies on Ext.P2 order passed by the DPI. It is for the 1^st respondent to look into the claim raised by the petitioner in accordance with law.

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Therefore the writ petition is disposed of with a direction to the 1^st respondent to consider Ext.P10 representation and pass orders thereon after affording an opportunity of hearing to petitioner, within a period of six weeks from the date of receipt of a copy of this judgment. Sd/-

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P.V.ASHA, JUDGE.

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WP(C).No.12350 of 2019

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF GIVEN BY KIMS SHOWS THAT THE SACRO-ILLIATIS	TH HO PET (RI	E TREATMENT CERTIFICATE SPITAL, TRIVANDRUM WHICH ITIONER IS SUFFERING FROM GHT SIDE) DATED 9.8.2017.
EXHIBIT P2	TRUE COPY OF DDE DATED 19.8	THE .201	ORDER NO. B4/14595/2017/ 7 PASSED BY THE DPI.
EXHIBIT P3	TRUE COPY OF DATED 13.7.201	THE 8.	ORDER NO. A4/12026/2018
EXHIBIT P4	TRUE COPY OF DDE DATED 29.6	THE .201	ORDER NO. B4/14595/2017/ 8 OF DDE, TRIVANDRUM.
EXHIBIT P5	TRUE COPY OF S.S.A/MALAPPUR	THE AM D	ORDER NO. A/785/2017/ ATED 4.7.2018.
EXHIBIT P6	TRUE COPY OF 29.10.2018 IN	TH WPC	E INTERIM ORDER DATED. NO. 34061/2018
EXHIBIT P7	TRUE COPY OF DDE DATED 4.1.	THE 2019	ORDER NO. B4/13513/2018/ .
EXHIBIT P8	TRUE COPY OF 13513/2018/DDE WITH DEPLOYED LIST.	THE DAT TEA	ORDER BEARING NO.B(4)/ ED 3.6.2019 ORDER ALONG CHER'S COMMON SENIORITY
EXHIBIT P9	TRUE COPY OF 13513/2018/DDE THE LIST OF TH	THE DA OSE	ORDER BEARING NO.B(4)/ TED 3.6.2019 ALONG WITH TEACHERS.
EXHIBIT P10	TRUE COPY OF BY THE PETITIO GENERAL EDUCAT 2019.	THE NER ION	REPRESENTATION SUBMITTED BEFORE THE SECRETARY TO DEPARTMENT DATED 07-06-

Sreekumari.S.L. v. the Secretary to Government

Case brief

What is this about?

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Sreekumari.S.L. v. the Secretary to Government

Case brief

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