Disposed

Ancy Chacko Kalathil, v. the State of Kerala

Kerala HC21 Dec 2020WP(C)/28586/2020

Case brief

AI extract

What is this about?

Petitioner challenged refusal to grant appointment approval from 2011. Court directed competent authority to dispose of her representation within three months by affording a hearing opportunity, declining to make affirmative declarations on entitlement.

What did the court decide?

Direction to competent Secretary of Government of Kerala to dispose of petitioner's representation within three months after affording opportunity of hearing.

Ancy Chacko Kalathil, 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 21ST DAY OF DECEMBER 2020 / 30TH AGRAHAYANA, 1942

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WP(C).No.28586 OF 2020(W)

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PETITIONER:

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ANCY CHACKO KALATHIL, AGED 37 YEARS WIFE OF LIJO, UPPER PRIMARY SCHOOL ASSISTANT, A.M.L.P. SCHOOL, PERINJANAM, THRISSUR DISTRICT-680 686.

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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-II, 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 AYYANTHOLE, THRISSUR DISTRICT-680 003.

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4 THE DISTRICT EDUCATIONAL OFFICER CHAVAKKAD, THRISSUR DISTRICT-680 506.

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5 THE ASSISTANT EDUCATIONAL OFFICER VALAPPAD, THRISSUR DISTRICT-680 567

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6 THE MANAGER

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A.M.L.P. SCHOOL, PERINJANAM, THRISSUR DISTRICT-680 686.

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7 THE HEADMASTER A.M.L.P. SCHOO, PERINJANAM, THRISSUR DISTRICT-680 686.

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BY ADV.

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SRI. UNNIKRISHNA KAIMAL - GP

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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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WP(C).No.28586 OF 2020

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JUDGMENT

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The petitioner is stated to be working as an Upper

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Primary School Assistant in the A.M.L.P School, Perinjanam, Thrissur and she assails Exts.P2 and P3 to the extent to which it has refused to grant approval to her appointment with effect from the initial date, namely 22.12.2011; and consequentially seeks a declaration that she is entitled to this benefit.

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The petitioner, however, through her learned counsel - Shri.M.Sajjad, concedes that she has already preferred Ext.P11 representation before the 1^st respondent and prays that the same be directed to be taken up and dispose of at the earliest adverting to Exts.P6 to P10.

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The learned Senior Government Pleader – Sri.Unnikrishna Kaimal, appearing on behalf of the official respondents submits that there is no legal impediment in Ext.P11 being taken up and dispose of, but prayed that this Court may not make any affirmative declarations on the entitlement of the petitioner to any relief and leave it to the competent Authority to take a final decision thereon as per law.

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In the afore circumstances, I order this writ petition and

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WP(C).No.28586 OF 2020

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direct the competent Secretary of the 1^st respondent Government of Kerala to take up Ext.P11 and dispose of the

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same, adverting to Exts.P6 to P10, after affording an opportunity of being heard to the petitioner as also the 6^th respondent - Manager of the School - either physically or through video conferencing – thus culminating an appropriate order thereon, as expeditiously as is possible, but not later that three months from the date of receipt of a copy of this judgment.

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Sd/-

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DEVAN RAMACHANDRAN JUDGE

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VPK

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WP(C).No.28586 OF 2020

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 1.6.2009.
EXHIBIT P2	TRUE COPY OF THE ORDER OF THE AEO, VALAPPAD VIDE NO.D.1978/09 DATED 23.12.2009.
EXHIBIT P3	TRUE COPY OF THE ORDER OF THE DEO, CHAVAKKAD VIDE NO.B1-460/10/K.DIS DATED 14.3.2011.
EXHIBIT P4	TRUE COPY OF THE APPROVAL ORDER NO.D.5060/11/K.DIS DATED 23.12.2011 ISSUED BY THE AEO, VALAPPAD.
EXHIBIT P5	TRUYE COPY OF THE G.O(RT) NO.178/2002/G.EDN. DATED 28.6.2002.
EXHIBIT P6	TRUE COPY OF THE DECISION REPORTED IN 2013(2) KHC 103 DATED 19.2.2013.
EXHIBIT P7	TRUE COPY OF THE G.O.(RT) NO.2827/2019/G.EDN. DATED 12.7.2019.
EXHIBIT P8	TRUE COY OF G.O(RT) NO.343/2019/G.EDN. DATED 25.1.2019.
EXHIBIT P9	TRUE COPY OF THE G.O(RT) NO.785/2019 DATED 28.2.2019.
EXHIBIT P10	TRUE COPY OF THE G.O(RT) NO.3907/2019/G.EDN. DATED 30.9.2019.
EXHIBIT P11	TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 17.11.2020.

Ancy Chacko Kalathil, v. the State of Kerala

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Ancy Chacko Kalathil, v. the State of Kerala

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