Disposed

Valsala M., v. the State of Kerala

Kerala HC16 Dec 2020WP(C)/28132/2020

Case brief

AI extract

What is this about?

The petitioner, a school assistant, filed a writ petition for the expeditious disposal of her Revision Petition to regularize a service break. The Court directed the competent authority to dispose of the matter within three months after hearing the petitioner and the School Manager.

What did the court decide?

Direct the competent authority to take up the Revision Petition filed by the petitioner and dispose of it within three months after affording an opportunity of being heard to the petitioner and the Sc

Valsala M., 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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WEDNESDAY, THE 16TH DAY OF DECEMBER 2020 / 25TH AGRAHAYANA, 1942

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WP(C).No.28132 OF 2020(N)

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PETITIONER:

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VALSALA M., AGED 48 YEARS, WIFE OF IGNATIOUS, UPPER PRIMARY SCHOOL TEACHER, ST.MARYS HIGHER SECONDARY SCHOOL, VIZHINJAM, THIRUVANANTHAPURAM-695 521.

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BY ADVS. SRI.V.A.MUHAMMED SRI.M.SAJJAD

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-11, THIRUVANANTHAPURAM-695 001.

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2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM-695 014.

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3 THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM-695 012.

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4 THE DISTRICT EDUCATIONAL OFFICER, ATTINGAL, THIRUVANANTHAPURAM-695 101.

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5 THE ASSISTANT EDUCATIONAL OFFICER, PARASSALA, THIRUVANANTHAPURAM-695 502.

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6 THE CORPORATE MANAGER, RC SCHOOLS, LATIN ARCH DIOCESE OF THIRUVANANTHAPURAM, P.O.KOWDIYAR, THIRUVANANTHAPURAM-695 003.

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7 THE HEADMASTER, ST. MARY'S HIGHER SECONDARY SCHOOL, VIZHINJAM, THIRUVANANTHAPURAM-695 521.

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WPC 28132/20

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8 SMT PREMA G, UPPER PRIMARY SCHOOL ASSISTANT, ST.JOSEPH'S HIGHER SECONDARY SCHOOL, ANJUTHENG, THIRUVANANTHAPURAM-695 619.

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BY SRI. UNNIKRISHNA KAIMAL - GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WPC 28132/20

JUDGMENT

Dated this the 16th day of December 2020

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The petitioner says that when she was working in the services of St.Mary's L.P. School, Parithiyoor, there was a surprise inspection by the Super Check Cell in the year 2010-11, based on which, it was alleged that bogus admissions were made, thus leading to a conclusion that certain Lower Primary School Assistants were surplus with effect from 15.07.2010, which included her also.

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The petitioner submits that as a result of such findings, five posts of LPSAs were abolished and the period of break in her service had to be then regularised by a lien adjustment against the existing vacancies, by re-arranging the approval of approved teachers in favour of senior teachers in the same category of posts.

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The petitioner says that for the afore purpose she, has moved the Government to regularise her lien adjustment from 15.07.2010 to 31.05.2011 but that this has not yet been considered. She, therefore, prays that her statutory Revision, namely Exhibit P11, preferred before the first respondent Government of Kerala, invoking the provisions of Rule 92 Chapter XIVA of the Kerala Education Rules, be directed to be taken up and disposed of at the earliest.

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WPC 28132/20

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In response, the learned Government Pleader submitted that there is no legal impediment in Exhibit P11 Revision being taken up and disposed of, but prayed that this Court may not make any affirmative declarations as to the entitlement of the petitioner to any relief and leave it to the competent authority to take a decision on it in terms of law.

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In the afore circumstances, I order this writ petition and direct the competent authority of the first respondent to take up Exhibit P11 Revision filed by the petitioner and dispose it of, after affording an opportunity of being heard to her as also the Manager of the School – either physically or through video conferencing – thus culminating in an appropriate decision thereon, as expeditiously as possible, but not later than three months from the date of receipt of a copy of this judgment.

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Sd/Devan Ramachandran, Judge

tkv

WPC 28132/20

APPENDIX

PETITIONER'S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE PETITIONER DATED RECORDED THEREON	APPOINTMENT ORDER OF THE 01.08.2003 AND APPROVAL
EXHIBIT P2	TRUE COPY OF THE PETITIONER DATED RECORDED THEREON	APPOINTMENT ORDER OF THE 02.06.2004 AND APPROVAL
EXHIBIT P3	TRUE COPY OF THE PETITIONER DATED THEREON	APPOINTMENT ORDER OF THE 01.06.2005 AND APPROVAL
EXHIBIT P4	TRUE COPY OF THE O DATED 03.07.2012 O	RDER NO B5/6634/2011/K.DS F THE 3RD RESPONDENT
EXHIBIT P5	TRUE COPY OF TH K.DIS DATED 05 RESPONDENT	E ORDER NO.B5/6634/2011/ .11.2013 OF THE 3RDE
EXHIBIT P6	TRUE COPY OF 6634/2011/DDE DDE 3RD RESPONDENT	THE ORDER NO.D.DIS/B(5) DATED 30.03.2018 OF THE
EXHIBIT P7	TRUE COPY OF THE G.EDN DATED 18.01.	LETTER NO HI/236/2017/ 2018 OF THE GOVERNMENT
EXHIBIT P8	TRUE COPY OF THE 22.03.2018 OF THE	ORDER NO 91/2013 DATED CORPORATE MANAGER
EXHIBIT P9	TRUE COPY OF THE D.DIS/DDE DATED RESPONDENT	ORDER NOB(5) 10288/2019/ 13.01.2020 OF THE 3RD
EXHIBIT P10	TRUE COPY OF THE D.DIS DATED 04.05.	ORDER NO B61572/2020/DEO/ 2020 OF THE DEO
EXHIBIT P11	TRUE COPY OF THE BEFORE THE GOVERNM	REVISION PETITION FILED ENT DATED 04.12.2020
EXHIBIT P12	TRUE COPY OF TH SENIORITY LIST	E RELEVANT PAGE OF THE

Valsala M., v. the State of Kerala

Case brief

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Valsala M., v. the State of Kerala

Case brief

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