The Kerala High Court directed the Government to hear the petitioner, a teacher, before deciding on her inclusion in the Teachers Package, setting a two-month deadline for this hearing.
Government to hear petitioner within two months before deciding on Ext.P13 clarifications.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 21ST DAY OF DECEMBER 2020 / 30TH AGRAHAYANA, 1942
WP(C).No.28497 OF 2020(J)
PETITIONER:
P.PADMAJA DEVI AGED 49 YEARS WIFE OF T.P. RAJENDRAN, UPPER PRIMARY SCHOOL TEACHER, SREE NARAYANA MEMORIAL VOCATIONAL HIGHER SECONDARY SCHOOL, VANNAPURAM, VIA THODUPUZHA, IDUKKI DISTRICT.
BY ADVS. SRI.V.A.MUHAMMED SRI.M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM-695 001
SREE NARAYANA MEMORIAL VOCATIONAL HIGHER SECONDARY
SCHOOL, VANNAPPURAM, (VIA) THODUPUZHA, IDUKKI DISTRICT-685 582.
6 THE PRINCIPAL
SREE NARAYANA MEMORIAL VOCATIONAL HIGHER SECONDARY SCHOOL, VANNAPPURAM , (VIA) THODUPUZHA, IDUKKI DISTRICT-685 582
7 SMT. K. BINDU, UPPER PRIMARY SCHOOL TEACHER, SREE NARAYANA MEMORIAL VOCATIONAL HIGHER SECONDARY
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SCHOOL, VANNAPPURAM, (VIA), THODUPUZHA, IDUKKI DISTRICT-685 582
8 SMT. A. SANGEETHA, UPPER PRIMARY SCHOOL TEACHER, SREE NARAYANA MEMORIAL VOCATIONAL HIGHER SECONDARY SCHOOL, VANNAPPURAM, (VIA), THODUPUZHA, IDUKKI DISTRICT -685 582
9 SMT. BINDU PAUL, UPPER PRIMARY SCHOOL TEACHER, SREE NARAYANA MEMORIAL VOCATIONAL HIGHER SECONDARY SCHOOL, VANNAPPURAM, (VIA), THODUPUZHA, IDUKKI DISTRICT-685 582.
BY ADV.
SMT. NISHA BOSE - SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner has approached this Court stating
that she is working as an Upper Primary School Teacher in the Sree Narayana Memorial Vocational Higher Secondary School, Vannappuram, Idukki - of which the 5th respondent is the Manager - seeking that she be included in the ‘Teachers Package’, leading to the disbursement of her salary from 15.07.2008, because respondents 7 to 9, who are her juniors, have been granted this benefit long ago.
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decision is taken by the Government on Ext.P13 clarifications sought by the DEO. She, however, prayed that this Court may not make any affirmative declarations in favour of the petitioner and allow the Government to take a decision thereon, as per law.
Taking note of the afore submissions, I order this writ petition and direct the Government to hear the petitioner – either physically or through video conferencing - before a final decision is taken on Ext.P13.
The afore exercise shall be completed by the Government, as expeditiously as is possible, but not later than two months from the date of receipt of a copy of this judgment.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
VPK
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APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE PETITIONER DATED |
APPOINTMENT ORDER OF THE 05.06.2006. |
|---|---|---|
| EXHIBIT P2 | TRUE COPY OF THE DATED 04.07.2012 |
G.O(RT) NO. 3147/12/G.EDN. OF THE GOVERNMENT. |
| EXHIBIT P3 | TRUE COPY OF THE 5597/2015/G.EDN. GOVERNMENT. |
G.O(RT) NO. DATED 26.11.2015 OF THE |
| EXHIBIT P4 | TRUE COPY OF THE 36799/2015 DATED |
JUDGMENT IN W.P.C NO. 12.12.2018. |
| EXHIBIT P4A | TRUE COPY OF THE 36799/2015 DATED |
INTERIM ORDER IN W.P.C NO. 21.11.2018. |
| EXHIBIT P5 | TRUE COPY OF THE 1750/2019/G.EDN. GOVERNMENT. |
G.O(RT) NO. DATED 17.06.2019 OF THE |
| EXHIBIT P5 A | TRUE COPY OF THE B2/1121/2019(2)/ THE DEO. |
ORDER NO. K.DIS DATED 06.06.2019 OF |
| EXHIBIT P6 | TRUE COPY OF THE 22844/2009-A DAT |
INTERIM ORDER IN W.PC NO. ED 11.08.2009. |
| EXHIBIT P6A | TRUE COPY OF THE 17589/2015 IN W. 04.12.2015. |
INTERM ORDER IN I.A NO. P.C NO. 36799/2015 DATED |
| EXHIBIT P7 | TRUE COPY OF THE DEO DATED 22.07. |
PETITION MOVED BEFORE THE 2019. |
| EXHIBIT P7A | TRUE COPY OF THE DDE DATED 22.07. |
PETITION MOVED BEFORE THE 2019. |
| EXHIBIT P7B | TRUE COPY OF THE 2ND RESPONDENT D |
PETITION MOVED BEFORE THE ATED 22.07.2019. |
| EXHIBIT P7C | TRUE COPY OF THE GOVERNMENT DATED |
PETITION MOVED BEFORE THE 22.07.2019. |
| EXHIBIT P8 | TRUE COPY OF THE BINDU K DATED 05 |
APPOINTMENT ORDER OF SMT. .06.2006. |
| EXHIBIT P8A | TRUE COPY OF THE | APPOINTMENT ORDER OF SMT. |
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SANGEETHA A DATED 05.06.2006. EXHIBIT P8B TRUE COPY OF THE APPOINTMENT ORDER OF SMT. BINDU PAUL DATED 04.06.2007. EXHIBIT P8C TRUE COPY OF THE STAFF LIST OF THE SCHOOL AS ON 2006 - 2007. EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN W.P.C NO. 22292/2019-J DATED 16.08.2019. EXHIBIT P10 TRUE COPY OF THE G.O(RT) NO. 2389/2020/G.EDN. DATED 05.08.2020 OF THE GOVERNMENT. EXHIBIT P11 TRUE COPY OF THE JUDGMENT IN W.P.C NO. 18814/2020-B DATED 25.09.2020. EXHIBIT P12 TRUE COPY OF THE HEARING NOTE SUBMITTED BY THE PETITIONER DATED 22.10.2020. EXHIBIT P13 TRUE COPY OF THE LETTER NO. B2/4721/2019 OF THE DEO DATED 15.07.2020. EXHIBIT P14 TRUE COPY OF THE LETTER NO. H/36986/2018/DPI DATED 08.08.2016 OF THE 2ND RESPONDENT.
3 issues framed by the court
Whether the petitioner should be given an opportunity of being heard before the Government takes a final decision on clarifications sought regarding the 'Teachers Package'.
Whether the writ court should make affirmative declarations or allow the executive to decide the matter.
What time limit should be set for the Government to complete the hearing exercise.
P.PADMAJA DEVI
STATE OF KERALA
DIRECTOR OF GENERAL EDUCATION
DEPUTY DIRECTOR OF EDUCATION IDUKKI
DISTRICT EDUCATIONAL OFFICER THODUPUZHA
MANAGER SREE NARAYANA MEMORIAL VOCATIONAL HIGHER SECONDARY SCHOOL
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
