Disposed

K.a.Anitha v. State of Kerala

Kerala HC12 Aug 2020WP(C)/1066/2020

Case brief

AI extract

What is this about?

The High Court directed the Director of General Education to consider the petitioner's appeal regarding rejected HSST appointment within two months. It also ordered immediate payment of HSA salary to the petitioner for three weeks.

What did the court decide?

Directed the 2nd respondent to consider the appeal and pass orders within two months; directed respondents 3 and 4 to pay salary admissible as HSA within three weeks.

K.a.Anitha Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2020)

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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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WEDNESDAY, THE 12TH DAY OF AUGUST 2020 / 21ST SRAVANA, 1942

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WP(C).No.1066 OF 2020(G)

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PETITIONER/S:

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K.A.ANITHA AGED 50 YEARS W/O. R.K. MOHAMMED SHAREEF, HIGH SCHOOL TEACHER(HINDI), MIL-AL-AMEEN HIGHER SECONDARY SCHOOL, KECHERY, THRISSUR-680501.

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BY ADV. SRI.U.BALAGANGADHARAN

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RESPONDENT/S:

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1 STATE OF KERALA REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,(ANNEX), THIRUVANANTHAPURAM-695001.

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2 THE DIRECTOR OF GENERAL EDUCATION (FORMER DIRECTOR OF HIGHER SECONDARY EDUCATION), THIRUVANANTHAPURAM-695014.

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3 THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, ERNAKULAM-682017.

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4 DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD-680506.

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5 CORPORATE MANAGER, MIL-AL-AMEEN HIGHER SECONDARY SCHOOL, KECHERY, THRISSUR-680501.

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6 PRINCIPAL MIL-AL-AMEEN HIGHER SECONDARY SCHOOL, KECHERY, THRISSUR-680501.

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BY ADV. SRI.MATHEW KURIAKOSE OTHER PRESENT:

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SRI.ARAVINDAKUMAR BABU SR.GP.

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THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12.08.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.1066/2020

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.JUDGMENT

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Dated this the 12^th day of August 2020

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The petitioner, while working as HSA (Hindi)in Mil-Al-

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Ameen Higher Secondary School under the 5^th respondent, was appointed as HSST as per Ext.P3 order dated 24.06.2019. The approval has been rejected on the ground that he does not possess the prescribed qualification.

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The Manager has filed Ext.P11 Appeal before the Director of Higher Secondary Education. In fact the said Appeal is to be considered by the 2^nd respondent. Petitioner points out that he is not even paid salary attached to the post of HSA, despite Ext.P13 circular, Ext.P14 letter and judgment of this Court.

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Therefore, this Writ Petition is disposed of,

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directing the 2^nd respondent to consider and pass orders on Ext.P10 Appeal after affording an opportunity of hearing to the petitioner within a period of two months from the date of receipt of a copy of the judgment.

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There shall be a direction to respondents 3 and 4 to

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see that salary is paid to the petitioner which is admissible as HSA within three weeks.

Sd/-

P.V.ASHA

JUDGE

rkc

W.P.(C) No.1066/2020

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APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	A TRUE BY THE	COPY OF THE A FOURTH RESPON	PPOINTMENT ORDER ISSUED DENT DATED 06.06.2001.
EXHIBIT P2	A TRUE FOURTH	COPY OF THE RESPONDENT DA	ORDER ISSUED BY THE TED 17.10.2014.
EXHIBIT P3	A TRUE 24.06.2	COPY OF THE 019.	APPOINTMENT ORDER DATED
EXHIBIT P4	A TRUE 22.10.2	COPY OF THE 019 ISSUED BY	REJECTION LETTER DATED THE THIRD RESPONDENT.
EXHIBIT P5	A TRUE OF THE	COPY OF THE FIRST RESPOND	LETTER DATED 10.12.2002 ENT.
EXHIBIT P6	A TRU 13.11.2	E COPY OF 000.	THE CIRCULAR DATED
EXHIBIT P7	A TRU 22.11.2 BEFORE	E COPY OF 019 SUBMITTE THE FOURTH RE	REPRESENTATION DATED D BY THE PETITIONER SPONDENT.
EXHIBIT P8	A TRUE OF THE	COPY OF THE SIXTH RESPOND	LETTER DATED 22.11.2019 ENT.
EXHIBIT P9	A TRUE PA TO D	COPY OF THE EO DATED 29.1	MINUTES OBSERVED BY THE 1.2019.
EXHIBIT P10	A TRUE THIS H 2019 DA	COPY OF THE ONOURABLE COUR TED 07.06.201	JUDGMENT RENDERED BY T IN WP(C) NO.14368 OF 9.

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EXT.P11: TRUE COPY OF THE APPEAL PREFERRED BY THE MANAGER BEFORE THE SECOND RESPONDENT DT.18.11.19

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EXT.P12: A TRUE COPY OF G.O.(RT) NO.4314/98/G.EDN DT.5.11.98

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EXT.P13: A TRUE COPY OF CIRCULAR NO.400/T1/99/G.EDN OF GENERAL EDUCATION (T) DEPARTMENT, DATED 4.1.99

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EXT.P14: A TRUE COPY OF LETTER NO.48885/T1/2002/G.EDN DATED 10.12.2002 ISSUED BY THE GOVT TO ALL FIELD FORMATIONS.

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W.P.(C) No.1066/2020

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RESPONDENT'S/S EXHIBITS:

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EXHIBIT R5(a): A TRUE COPY OF ORDER OF 4TH RESPONDENT DATED 27/11/2019. EXHIBIT R5(b): A TRUE COPY OF ORDER DATED 28/01/2020 ISSUED BY THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR.

K.a.Anitha v. State of Kerala

Case brief

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K.a.Anitha v. State of Kerala

Case brief

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