Disposed

Mary.C.J., v. State of Kerala

Kerala HC12 Jul 2021WP(C)/13824/2021

Case brief

AI extract

What is this about?

The High Court directed the Director of General Education to consider a revision petition by a Lower Primary School Assistant regarding her appointment and consequential benefits, after hearing the petitioner, relevant school authorities, and affected teachers, within two months.

What did the court decide?

Direction to the 2nd respondent to consider and pass orders on the petitioner's representation regarding approval of appointment and consequential benefits within two months after hearing all concerne

Mary.C.J., Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2021)

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WP(C) NO. 13824 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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MONDAY, THE 12^TH DAY OF JULY 2021 / 21ST ASHADHA, 1943

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WP(C) NO. 13824 OF 2021

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PETITIONER:

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MARY C J

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AGED 28 YEARS, W/O.DIXON C PAVUNNY, LOWER PRIMARY SCHOOL ASSISTANT (LPSA) J.V. MACHAD, MANALITHARA, WADAKKANCHERRY, TRICHUR-680589, RESIDING AT CHERUVATHOOR HOUSE, PORKULAM P.O,. TRICHUR -680542

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BY ADV U.BALAGANGADHARAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT(ANNEX), THIRUVANANTHAPURAM-695001

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2 THE DIRECTOR OF GENERAL EDUCATION JAGATHY, THIRUVANANTHAPURAM-695001

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3 THE DEPUTY DIRECTOR OF EDUCATION (DDE) CIVIL STATION, AYYANTHOLE, TRICHUR-680003

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4 THE ASSISTANT EDUCATIONAL OFFICER (AEO) WADAKKANCHERRY, TRICHUR-680582

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5 THE MANAGER, JANAKIYA VIDHYALAYAM, MACHAD, MANALITHARA, WADAKKANCHERRY, TRICHUR-680589

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SRI.T.RAJASEKHARAN NAIR, SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 13824 OF 2021

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JUDGMENT

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This writ petition is filed seeking the following prayers:

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“(1) Writ in the nature of mandamus commanding the 4^th respondent to consider approving the appointment of the petitioner as LPSA with effect from 18.11.2013 and grant all consequential benefits including pay and allowances etc.

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(2) Declare that the appointment of the petitioner as LPSA in 5^th respondent school from 18.11.2013 as per Ext.P2 is liable to be approved with all consequential benefits”

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Heard the learned counsel for the petitioner and the learned Government Pleader.

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It is submitted by the learned counsel for the petitioner that the petitioner was appointed as LPSA in the 5^th respondent's school on 18.11.2013. It is submitted that as per the staff fixation order for the academic year 2013-14, there were 9 sanctioned posts of LPSA and only 7 teachers were on the roll. It is submitted that in the following years up to 2019-20, 10 posts of LPSA were sanctioned. However, the proposal for approval of appointment was rejected by the AEO on the ground that the manager's appointment was not approved and there was delay in submitting the proposal. It is contended that in view of the fact that there are established vacancies and the petitioner had been continuing from

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WP(C) NO. 13824 OF 2021

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2013 onwards, her appointment is liable to be approved, taking note of the staff fixation order. Seeking approval from the initial date of appointment, the petitioner has approached the 2^nd respondent with Ext.P14 representation and seeks a consideration of the same.

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Having heard the learned Government Pleader also, there will be a direction to the 2^nd respondent to take up, consider and pass orders on Ext.P14 representation preferred by the petitioner, with notice to the petitioner as well as the Manager and any other affected teachers, and after hearing them, through any appropriate means, including video conferencing. Orders shall be passed within a period of two months from the date of receipt of a copy of this judgment.

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This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

WP(C) NO. 13824 OF 2021

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APPENDIX OF WP(C) 13824/2021

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PETITIONER'S/S EXHIBITS:

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Exhibit P1	A TRUE COPY OF STAFF FIXATION ORDER DATED 28.4.2016 ISSUED BY 4TH RESPONDENT
Exhibit P2	A TRUE COPY OF APPOINTMENT ORDER DATED 18.11.2013 ISSUED TO THE PETITIONER BY THE 5TH RESPONDENT
Exhibit P3	A TRUE COPY OF THE ORDER DATED 28.12.2011 OF THE FIRST RESPONDENT GOVT.
Exhibit P4	A TRUE COPY OF STAFF FIXATION ORDER DATED 28.4.2016 ISSUED BY THE 4TH RESPONDENT FOR 2014-15
Exhibit P5	A TRUE COPY OF STAFF FIXATION ORDER DATED 28.4.2016 ISSUED BY THE 4TH RESPONDENT FOR 2015-16
Exhibit P6	A TRUE COPY OF STAFF FIXATION ORDER DATED 7.12.2017 ISSUED BY THE 4TH RESPONDENT FOR 2016-17
Exhibit P7	A TRUE COPY OF STAFF FIXATION ORDER DATED 10.07.2017 ISSUED BY THE 4TH RESPONDENT FOR 2014-15
Exhibit P8	A TRUE COPY OF STAFF FIXATION ORDER DATED 03.07.2018 ISSUED BY THE 4TH RESPONDENT FOR 2014-15
Exhibit P9	A TRUE COPY OF STAFF FIXATION ORDER DATED 17.07.2019 ISSUED BY THE 4TH RESPONDENT FOR 2014-15
Exhibit P10	A TRUE COPY OF ORDER DATED 23.1.2014 ISSUED BY THE 4TH RESPONDENT
Exhibit P11	A TRUE COPY OF JUDGMENT DATED 2.12.2020 IN WPC 26659/2020 OF THIS HON'BLE COURT.
Exhibit P12	A TRUE COPY OF LETTER OF THE 4TH RESPONDENT DATED 3.4.2021

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WP(C) NO. 13824 OF 2021

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Exhibit P13 A TRUE COPY OF SERVICE CERTIFICATE DATED 15.1.2021 ISSUED BY THE THEN HM OF 5TH RESPONDENT SCHOOL

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Exhibit P14 A TRUE COPY OF REVISION PETITION FILED BY THE PETITIONER BEFORE SECOND RESPONDENT DATED 2.2.2021

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RESPONDENT'S/S EXHIBITS: NIL

Mary.C.J., v. State of Kerala

Case brief

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Mary.C.J., v. State of Kerala

Case brief

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