Disposed

P Padmaja Devi v. State of Kerala

Kerala HC6 Oct 2021WP(C)/13765/2021

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition seeking salary fixation and deployment for a teacher. The court directed the State to consider the petitioner's revision petition and pass appropriate orders expeditiously within three months. Notice to some respondents was dispensed with.

What did the court decide?

Direction to the 1st Respondent to consider the petitioner's revision petition and pass appropriate orders within three months.

P Padmaja Devi Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2021)

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WP(C) NO. 13765 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 MR. JUSTICE RAJA VIJAYARAGHAVAN V

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WEDNESDAY, THE 6^TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943

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WP(C) NO. 13765 OF 2021

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PETITIONER/S:

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P PADMAJA DEVI AGED 50 YEARS WIFE OF T.P.RAJENDRAN, UPPER PRIMARY SCHOOL TEACHER,SREE NARAYANA MEMORIAL VOCATIONAL HIGHER SECONDARY SCHOOL,VANNAPPURAM, (VIA)THODUPUZHA,IDUKKI DISTRICT-685582.

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BY ADVS. V.A.MUHAMMED 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-695001.

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2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY,THIRUVANANTHAPURAM-695014.

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3 THE DEPUTY DIRECTOR OF EDUCATION

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IDUKKI AT THODUPUZHA-685 584.

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4 THE DISTRICT EDUCATIONAL OFFICER THODUPUZHA-685 584,IDUKKI DISTRICT.

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5 THE MANAGER SREENARAYANA MEMORIAL VOCATIONAL HIGHER SECONDARY SCHOOL,VANNAPPURAM,(VIA)THODUPUZHA, IDUKKI DISTRICT-685582.

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6 THE PRINCIPAL SREENARAYANA MEMORIAL VOCATIONAL HIGHER SECONDARY SCHOOL,VANNAPPURAM,(VIA)THODUPUZHA, IDUKKI DISTRICT-685 582.

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WP(C) NO. 13765 OF 2021

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SRI. BIJOY CHANDRAN, SR. GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 13765 OF 2021

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JUDGMENT

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The instant writ petition is filed seeking the following reliefs:

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(i) issue a writ of mandamus or other appropriate writ order or direction commanding the 4th Respondent to pay the salary of the Petitioner till 2015.16 by revising the staff fixation order and creating post as ordered in Exhibit P8 Government Order.

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(ii) issue a writ of mandamus or other appropriate writ order or direction commanding the 4th Respondent to pay the salary of the PEtitioner beyond 2015-16 since the juniors have been paid salary in the while.

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(iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 3rd Respondent to deploy the Petitioner by granting protection in the event of non availability of post in the parent School.

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Sri. M. Sajjad, the learned counsel appearing for the petitioner

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submitted that the petitioner was in fact appointed against an anticipated additional division vacancy of UPSA from 05.06.2006 onwards. By Ext.P8 order, the Government had directed the DEO to accommodate the petitioner upto 2015-2016 in the parent-school and also to consider the deployment of the petitioner thereafter. Being aggrieved by the delay in issuing the consequential order, this writ petition was originally filed. The petitioner contends that during the pendency of this writ petition, the DEO has issued Ext.P11 order finding that vacancy was available to the petitioner till the academic year 2018-2019 and further, it was ordered that the petitioner be accommodated notionally against the vacancy and to deploy the petitioner by including her in the

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WP(C) NO. 13765 OF 2021

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“Teachers Bank”. Being aggrieved by that part of Ext.P11 order that she shall be accommodated only on a notional basis, the petitioner is stated to have preferred Ext.P12 revision petition before the Government. The learned counsel contends that in view of the turn of events, the petitioner would be satisfied if the 1st respondent is directed to take up Ext.P12 revision petition and take a decision in an expeditious manner with due notice.

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Heard Sri.Bijoy Chandran, the learned Senior Government Pleader

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as well.

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In view of the nature of order that I propose to pass, notice to respondents 5 and 6 is dispensed with.

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After having carefully evaluated the contentions raised in this writ petition, the submissions made across the Bar and the facts and circumstances, I am of the view that this writ petition can be disposed of by issuing the following directions:

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a) There will be a direction to the 1st respondent to take up, consider and pass appropriate orders on Ext.P12, as per procedure and in strict adherence to the provisions of law. An opportunity of being heard, either physically or virtually, shall be afforded to the petitioner or her authorised representative and the party respondents.

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b) Orders, as directed above, shall be passed expeditiously, in any

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WP(C) NO. 13765 OF 2021

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event, within a period of three months from the date of production of a copy of this judgment.

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c) It would be open to the petitioner to produce a copy of the writ

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petition along with the judgment before the concerned respondent for further action.

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This writ petition is disposed of.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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WP(C) NO. 13765 OF 2021

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APPENDIX OF WP(C) 13765/2021

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PETITIONER(S) EXHIBITS :

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EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 05.06.2006 EXHIBIT P2 TRUE COPY OF THE G.O.(RT) NO.5597/2015/G.EDN.DATED 26.11.2015 EXHIBIT P3 TRUE COPY OF THE G.O.(RT) NO.1750/2019/G.EDN.DATED 17.05.2019 EXHIBIT P4 TRUE COPY OF THE ORDER NO.B2/1121/2019/(2)/K.DIS.DATED 06.06.2019 OF THE DEO(IN-CHARGE) EXHIBIT P5 TRUE COPY OF THE G.O. (RT)NO.2389/2020/G.EDN.DATED 05.08.2020 EXHIBIT P6 TRUE COPY OF THE HEARING NOTE FURNISHED BY THE PETITIONER DATED 22.10.2020 EXHIBIT P7 TRUE COPY OF THE LETTER NO.B2/4271/2019 OF THE DEO DATED 15.07.2020. EXHIBIT P8 TRUE COPY OF THE G.O. (RT)NO.2614/2021/G.EDN.DATED 20.04.2021 EXHIBIT P9 TRUE COPY OF THE LETTER DATED 22.04.2021 ADDRESSED TO THE DEO BY THE PETITIONER ALONG WITH SENDING RECEIPT EXHIBIT P10 TRUE COPY OF THE LETTER DATED 22.04.2021 ADDRESSED TO THE DDE BY THE PETITIONER ALONG WITH SENDING RECEIPT. EXHIBIT P11 TRUE COPY OF THE ORDER NO.B2/4721/2019 DATED 08.07.2021 OF THE DEO, THODUPUZHA. EXHIBIT P12 TRUE COPY OF THE REVISION PETITION SO SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 12.08.2021 (WITHOUT EXHIBITS) RESPONDENT(S) EXHIBITS : NIL

P Padmaja Devi v. State of Kerala

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P Padmaja Devi v. State of Kerala

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