Disposed

Amrutha a v. State of Kerala

Kerala HC2 Jul 2021WP(C)/13147/2021

Case brief

AI extract

What is this about?

Petitioners, Lower Primary School Assistants, sought quashing of orders denying their service recognition and approval of their service from 2008-2011. The Court directed the respondent Government to consider their representations and pass orders within four months.

What did the court decide?

Direction to the 1st respondent to consider and pass orders on Exts. P10, P11 and P12 representations of petitioners with notice to all parties within four months.

Amrutha a Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2021)

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WP(C) NO. 13147 OF 2021

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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FRIDAY, THE 2ND DAY OF JULY 2021 / 11TH ASHADHA, 1943
WP(C) NO. 13147OF 2021

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PETITIONERS:

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1 AMRUTHA A, LPSA, AGED 38 YEARS, W/O BIJU, OLAYIKKARA NORTH L.P SCHOOL, KUTHUPARAMBA, KANNUR 670643

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SAMIJA N K, AGED 40 YEARS, W/O SHAJI C K, OLAYIKKARA

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2 NORTH L.P SCHOOL, KUTHUPARAMBA, KANNUR 670643

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SREECHITHRA K K, AGED 36 YEARS, W/O PRIYESH, LPSA,

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3 RAMAPURAM L.P SCHOOL, KANDERY, NIRMALAGIRI P.O, KANNUR 670701 BY ADVS. BEJOY JOSEPH P.J. BONNY BENNY

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RESPONDENTS:

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1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT,GOVT.SECRETARIAT THIRUVANANTHAPURAM

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2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, TRIVANDRUM 14

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3 THE DEPUTY DIRECTOR OF EDUCATION, THALASSERY, KANNUR KERALA 670002

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4 THE DISTRICT EDUCATIONAL OFFICER, THALASSERY, KANNUR KERALA 670002

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5 THE ADDITIONAL EDUCATIONAL OFFICER, KUTHUPARAMBA, KANNUR-670643

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WP(C) NO. 13147 OF 2021

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6 THE MANAGER, L.P SCHOOL OLIYAKKARA NORTH, KOOTHUPARAMBA KANNUR 670643

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7 THE MANAGER, L.P SCHOOL RAMAPURAM, KANDERY, NIRMALAGIRI P.O, KANNUR 670701

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OTHER PRESENT:

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SMT. NISHA BOSE-SR. G.P.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 13147 OF 2021

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JUDGMENT

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This writ petition is filed seeking the following reliefs:

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(1) Issue a writ of certiorari or any other appropriate writ, order or direction calling for the originals relating to Exhibit P5 and P6 issued by the 4^th respondent and quash the same.

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(2) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents approve the service rendered by the petitioner from 02.06.2008 to 31.05.2011 (3 years).

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(3) To issue a writ of mandamus or any other appropriate writ, order or direction commanding the 1^st and 4^th respondents to pass appropriate orders on Exhibit P10 to P12 representation.

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Heard the learned counsel for the petitioners and the learned

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Government Pleader.

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It is submitted that the 1^st and 2^nd petitioners were appointed as LPSA in the 6^th respondent school with effect from 04.06.2007 and 02.06.2008 respectively. The 3^rd petitioner was appointed as LPSA in the 7^th respondent school from 02.06.2008. Their appointments have been approved only with effect from 01.06.2011, on the ground that the schools where they were working were uneconomic schools and that appointments would have been made only by accommodating protected

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teachers. It is submitted that as against Exts.P5 and P6 orders issued by

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WP(C) NO. 13147 OF 2021

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the Deputy Director of Education, the petitioners have moved Exts.P10,

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P11 and P12 representations before the Government and seek a consideration thereof.

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Without expressing any view on the merits of the matter, I direct the 1^st respondent to take up, consider and pass orders on Exts.P10, P11 and P12 representations preferred by the petitioners with notice to the petitioners as well as respondents 6 and 7 respectively and after hearing them through any appropriate means, including by video conferencing. Orders shall be passed within a period of four months from the date of receipt of a copy of this judgment.

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This writ petition is ordered accordingly.

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Sd/-

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ANU SIVARAMAN JUDGE

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SVP

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WP(C) NO. 13147 OF 2021

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APPENDIX

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PETITIONER ANNEXURE

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`Exhibit P1`	`THE PHOTOSTAT COPY OF THE APPOINTMENT` `LETTER DATED 04.06.2007 ISSUED TO THE 1`^ST `PETITIONER BY THE MANAGER.`
`Exhibit P2`	`THE PHOTOSTAT COPY OF THE APPOINTMENT` `LETTER DATED 02.06.2008 ISSUED TO THE 2`^ND `PETITIONER BY THE MANAGER.`
`Exhibit P3`	`THE PHOTOSTAT COPY OF THE APPOINTMENT` `LETTER DATED 02.06.2008 ISSUED TO THE 3`^RD `PETITIONER BY THE MANAGER.`
`Exhibit P4`	`THE PHOTOSTAT COPY OF THE G.O(P)` `259/06/G.EDN DATED 12.10.2006`
`Exhibit P5`	`THE PHOTOSTAT COPY OF THE ORDER` `NO.B5/537/09/K.DIS DT 11.02.2009 PASSED BY` `THE RESPONDENT IN THE CASE OF 1`^ST `PETITIONER`
`Exhibit P6`	`THE PHOTOSTAT COPY OF THE ORDER` `NO.B5/10781/08/K.DIS DT 27.04.2009 PASSED` `BY THE 4`^TH`RESPONDENT IN THE CASE OF 2`^ND `PETITIONER`
`Exhibit P7`	`THE PHOTOSTAT COPY OF THE REPRESENTATION` `DATED 17.01.2019 MADE BY THE 1`^ST`PETITIONER` `TO THE 1`^ST`RESPONDENT`
`Exhibit P8`	`THE PHOTOSTAT COPY OF THE REPRESENTATION` `DATED 17.01.2019 MADE BY THE 2`^ND`PETITIONER` `TO THE 1`^ST`RESPONDENT`
`Exhibit P9`	`THE PHOTOSTAT COPY OF THE REPRESENTATION` `DATED 17.01.2019 MADE BY THE 3`^RD`PETITIONER` `TO THE 1`^ST`RESPONDENT`
`Exhibit P10`	`THE PHOTOSTAT COPY OF THE REPRESENTATION` `DATED 25.04.2021 MADE BY THE 1`^ST`PETITIONER`

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WP(C) NO. 13147 OF 2021

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TO THE 1ST RESPONDENT

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Exhibit P11 THE PHOTOSTAT COPY OF THE REPRESENTATION
DATED 25.04.2021 MADE BY THE 2ND PETITIONER
TO THE 1ST RESPONDENT
Exhibit P12 THE PHOTOSTAT COPY OF THE REPRESENTATION
DATED 25.04.2021 MADE BY THE 3RD PETITIONER
TO THE 1ST RESPONDENT

Amrutha a v. State of Kerala

Case brief

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Amrutha a v. State of Kerala

Case brief

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