Disposed

Raihanath O.P v. the State of Kerala

Kerala HC14 Dec 2020WP(C)/18423/2018

Case brief

AI extract

What is this about?

The court directed the 1st respondent to consider the petitioner's revision application (Ext.P14) under the Kerala Education Rules. The petitioner agreed to seek approval of her appointment from 15.07.2000 only. The court affixed a three-month timeline for disposal.

What did the court decide?

Directed the 1st respondent to consider Ext.P14 Revision and dispose of it within three months by affording an opportunity of being heard to the petitioner and other respondents.

Raihanath O.P Vs the 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 MR. JUSTICE DEVAN RAMACHANDRAN

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MONDAY, THE 14TH DAY OF DECEMBER 2020 / 23RD AGRAHAYANA, 1942

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WP(C).No.18423 OF 2018(C)

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PETITIONER:

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RAIHANATH O.P AGED 42 YEARS FULL TIME MENIAL (FTM), ORIENTAL HIGHER SECONDARY SCHOOL,TIRURANGADI, MALAPPURAM DISTRICT.

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BY ADV. SRI.R.K.MURALEEDHARAN

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RESPONDENTS:

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

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2 THE DISTRICT EDUCATIONAL OFFICER TIRURANGADI, MALAPPURAM DISTRICT 673 306.

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3 THE CORPORATE MANAGER ORIENTAL HIGHER SECONDARY SCHOOL, TIRURANGADI, MALAPPURAM DISTRICT 673 306.

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4 MOHAMMED K. FTM, ORIENTAL HIGHER SECONDARY SCHOOL, TIRURANGADI, MALAPPURAM DISTRICT 673 306.

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5 P. HAMSAKUTTY FTM (RETIRED), PARAKKAL HOUSE, THOZHUVANUR, VALANCHERRY P.O, MALAPPURAM DISTRICT 676 552.

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6 IBRAHIM VILLAN UPSA(HINDI)ORPHANAGE UPPER PRIMARY SCHOOL,TIRURANGADI, MALAPPURAM DISTRICT 673 306.

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7 NISSAR P., FTM, ORIENTAL HIGHER SECONDARY SCHOOL,TIRURANGADI, MALAPPURAM DISTRICT-673 306.

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SMT. NISHA BOSE - SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C)No.18423 of 2020

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JUDGMENT

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Even though various averments, allegations and assertions have been urged and made in this writ petition, when this matter was considered today, the learned counsel for the petitioner - Sri.R.K.Muralidharan, submitted that his client is confining her prayer to the extent that this Court may direct the competent Secretary to the Government to consider Ext.P14 Revision filed by his client, under the provisions of Rule 92 Chapter XIV A of the Kerala Education Rules(herein after referred to as KER for short). Sri.R.K.Muralidharan submitted that his client now agrees that he be granted approval only with effect from 15.07.2000 and therefore, that if Ext.P14 has properly considered, the internecine disputes between her and other party respondents can be resolved.

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In response, the learned Senior Government Pleader - Smt.Nisha Bose, submitted that since the petitioner has now conceded that her appointment be approved only with effect from 15.07.2000, there is no legal impediment in Ext.P14 being taken up and disposed of. She, however prayed that this Court may not make any affirmative declarations as regards the entitlement of the petitioner to any relief and leave

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WP(C)No.18423 of 2020

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it to the competent Secretary to the Government to take

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an appropriate decision thereon, as per law.

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Taking note of afore submissions and recording the submissions of Sri.R.K.Muralidharan - that his client seeks approval only with effect from 15.07.2000, I order this writ petition and direct the 1^st respondent – State of Kerala to take up Ext.P14 Revision and dispose of the same after affording an opportunity of being heard to the petitioner, the 3^rd respondent – Corporate Manager, as also respondents 4 to 7 – either physically or through video conferencing - thus culminating in an appropriate order thereon, as expeditiously as is possible; but not later than three months from the date of receipt of a copy of this judgment.

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Needless to say, once the afore exercise is completed and if the petitioner is found eligible for the approval as sought for by her, then necessary consequential orders with respect to her salary and other benefits all shall be issued, leading to its disbursal, without any avoidable delay thereafter.

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Sd/-

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DEVAN RAMACHANDRAN JUDGE

VPK

APPENDIX

PETITIONER'S/S ANNEXURES:

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EXHIBIT P1	A TRUE COPY OF THE DATED 01-11-1999 BY	APPOINTMENT ORDER THE 3RD RESPONDENT
EXHIBIT P2	A TRUE COPY OF THE THE 4TH RESPONDENT 07-2000.	APPOINTMENT ORDER OF WITH EFFECT FROM 15-
EXHIBIT P3	A TRUE COPY OF THE BY THE GOVERNMENT T 10-2015	COMMUNICATION ISSUED O THE DPI DATED 08-
EXHIBIT P4	A TRUE COPY OF THE 3RD RESPONDENT DATE	PROCEEDINGS OF THE D 05-05-2016
EXHIBIT P5	A TRUE COPY OF THE 2ND RESPONDENT DATE	PROCEEDINGS OF THE D 13-02-2017
EXHIBIT P6	A TRUE COPY OF THE 2000 BY THE 3RD RES	ORDER DATED 30-05- PONDENT
EXHIBIT P7	A TRUE COPY OF THE DATED 01-06-2016	APPOINTMENT ORDER
EXHIBIT P8	A TRUE COPY OF THE 29-10-2001 BY 1ST R RESPONDENT	COMMUNICATION DATED ESPONDENT TO THE 3RD
EXHIBIT P9	A TRUE COPY OF THE AND APPROVAL OF THE DATED 13-02-2017	APPOINTMENT ORDER 4TH RESPONDENT
EXHIBIT P10	A TRUE COPY OF THE THE 6TH RESPONDENT	APPOINTMENT ORDER OF FROM 01-03-2015
EXHIBIT P11	A TRUE COPY OF THE DATED 03-06-2013 OF	APPOINTMENT ORDER THE 7TH RESPONDENT.
EXHIBIT P12	A TRUE COPY OF THE AND APPROVAL GRANTE DATED 15.07.2000	APPOINTMENT ORDER D TO 4TH RESPONDENT

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EXHIBIT P13 A TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 18.06.2018

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EXHIBIT P14 A TRUE COPY OF THE REVISION FILED BEFORE THE GOVERNMENT DATED 06.11.2020

Raihanath O.P v. the State of Kerala

Case brief

What is this about?

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Raihanath O.P v. the State of Kerala

Case brief

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