Dismissed

Sindhu.P v. the State of Kerala

Kerala HC21 Jun 2019WP(C)/16007/2019

Case brief

AI extract

What is this about?

The petitioner, a teacher, challenged the objection raised against the grant of Higher Grade reckoning service from April 24, 1998. Relying on a prior judgment that set aside similar objections, the Court restored the Higher Grade and directed consequential benefits.

What did the court decide?

Impugned order in Ext.P4 set aside; Higher Grade restored with all consequential benefits; re-fixation proceedings dropped.

Sindhu.P Vs the State of Kerala — 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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FRIDAY, THE 21ST DAY OF JUNE 2019 / 31ST JYAISHTA, 1941

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WP(C).No.16007 of 2019

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PETITIONER:

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SINDHU.P AGED 50 YEARS W/O. AJAYAKUMAR, HSST (MATHS), TDHSS, THIRUMALABHAGAM P.O, THURAVOOR, CHERTHALA, RESIDING AT PRAYAG, ERAMALLOOR, CHERTHALA-688 540.

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BY ADVS. SRI.P.V.JAYACHANDRAN SMT.G.N.DEEPA SRI.NIDHI BALACHANDRAN

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

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2 THE DIRECTOR OF HIGHER SECONDARY EDUCATION. HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-695 002.

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3 THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, CHENGANNUR-689 501.

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4 THE ACCOUNTS OFFICER (FINANCE) DEPARTMENT OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM-695 001.

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5 THE PRINCIPAL, TDHSS, THIRUMALABHAGAM P.O, THURAVOOR, CHERTHALA, ALAPPUZHA688 540. BY ADV. SMT.NISHA BOSE, SENIOR GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.06.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.16007 of 2019

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JUDGMENT

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The petitioner, who was working as Higher Secondary School Teacher, is challenging Ext.P4 order as against the grant of Higher Grade reckoning her service from the date of initial appointment on 24.08.1998.

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2. Petitioner was appointed as Higher Secondary School Teacher while she was working as HSA with effect from 24.04.1998 in the year 2004 on the basis of Ext.P1 order. She was granted full time benefit as per Ext.P2 dated 11.01.2007 with effect from 24.08.1998. Thereafter Higher Grades were granted to her on the basis of Ext.P3 order issued on 28.05.2009 reckoning her service from 24.04.1998. It is thereafter objection was raised against granting of Higher Grade reckoning her service from 24.04.1998 pointing out that she was working as HSST Part Time and therefore Higher

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Grade cannot be granted reckoning both Part

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WP(C).No.16007 of 2019

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Time service and HSST service.

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3. This Court has already considered the legality of the objections raised in the similar circumstances in the case of teachers, who were granted full time scale by judgment dated 25.01.2019 in W.P.(C) No.29164/2018. Such objections were set aside declaring the entitlement of the teachers to get the Higher Grade.

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In the light of the aforesaid judgment, petitioner is also entitled to get her Higher Grade as granted to her originally. The objections raised as against the grant of Higher Grade in Ext.P4 shall stand set aside and Higher Grade already granted to her shall be restored and petitioner shall be given all the benefits based on the same. As the audit objections are already set aside, the proceedings for re-fixation initiated in Ext.P6 letter on the basis of objection shall be

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WP(C).No.16007 of 2019

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dropped and petitioner shall be granted consequential benefits based on restoration of the Higher Grades.

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Accordingly, this writ petition is

disposed of.

Sd/-

P.V.ASHA, JUDGE.

WP(C).No.16007 of 2019

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE ORDER G.O(MS) NO. 351/ 2004/H.EDN DATED 20.11.2004.
EXHIBIT P2	TRUE COPY OF THE ORDER NO. ACD.C3/18115/ HSE/01 DATED 11.01.2007.
EXHIBIT P3	TRUE COPY OF THE CIRCULAR NO.78941/U1/08/ G.EDN. DATED 28.05.2009.
EXHIBIT P4	TRUE COPY OF THE LETTER NO.FIN. B2/65212/ HSE/2018 DATED 05.07.2018.
EXHIBIT P5	TRUE COPY OF THE LETTER NO.HSS GEN-50/ 18/4027 DATED 04.08.2018.
EXHIBIT P6	TRUE COPY OF THE LETTER NO.HSS. GEN 84/18/ 4027 DATED 20.12.2018.
EXHIBIT P7	TRUE COPY OF THE REPLY DATED 27.12.2018.

Sindhu.P v. the State of Kerala

Case brief

What is this about?

What did the court decide?

Sindhu.P v. the State of Kerala

Case brief

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