Allowed

Hemalatha.P v. Director of General Education

Kerala HC12 Oct 2021WP(C)/14483/2021

Case brief

AI extract

What is this about?

Court disposed of writer petition seeking declaration of continuous service and pension. Held the petition should be disposed by directing the Principal Secretary to consider petitioner's representation expeditiously within three months after furnishing hearing opportunity.

What did the court decide?

Directed Additional Respondent 7 to consider petitioner's representation (Ext.P4) and pass appropriate orders after opportunity of hearing within three months

Hemalatha.P Vs Director of General Education — Pension and Retirement Benefits | Kerala HC (2021)

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WP(C) NO. 14483 OF 2021 1

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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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TUESDAY, THE 12^TH DAY OF OCTOBER 2021 / 20TH ASWINA, 1943

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WP(C) NO. 14483 OF 2021

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PETITIONER/S:

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HEMALATHA.P, AGED 56 YEARS, UP SCHOOL ASSISTANT (RTD)., SWAMI VIVEKANANDA HIGH SCHOOL, PANDANAD, ALAPPUZHA RESIDING AT 'DHANYAM', PERISSERI', ALAPPUZHA 689 121.

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BY ADVS. S.K.ADHITHYAN RAJESH KUMAR C. KEERTHI S. JYOTHI

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RESPONDENT/S:

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1 DIRECTOR OF GENERAL EDUCATION, GENERAL EDUCATION DEPARTMENT, JAGATHI, THIRUVANANTHAPURAM 695 014.

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2 DEPUTY DIRECTOR OF EDUCATION, KODIVEEDU, ALAPPUZHA COLLECTORATE, ALAPPUZHA 688 001.

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3 PRINCIPAL ACCOUNTANT GENERAL, OFFICE OF PRINCIPAL ACCOUNTANT GENERAL (A & E), THIRUVANANTHAPURAM 695 001.

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4 SWAMI VIVEKANANDA HIGH SCHOOL, REP. BY ITS MANAGER, PANDANAD, CHENGANNUR, ALAPPUZHA 689 506.

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5 THE MANAGER, SWAMI VIVEKANANDA HIGH SCHOOL, PANDANAD, CHENGANNUR, ALAPPUZHA 689 506.

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** ADDL.R6 AND R7 IMPLEADED:

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“ADDL.R6 [STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, KERALA-

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WP(C) NO. 14483 OF 2021

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ADDL.R7 PRINCIPAL SECRETARY, HIGHER EDUCATION DEPARTMENT,GOVERNMENT SECRETARIAT, KERALA-695001]” (CORRECTED) ARE IMPLEADED AS ADDL R6 AND R7 AS PER ORDER DATED 04/10/2021 IN IA2/2021. *** CAUSE TITLE FOR ADDL.R6 AND R7 CORRECTED AS FOLLOWS: “ADDL.R6 STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, KERALA695001. ADDL.R7 PRINCIPAL SECRETARY GENERAL EDUCATION DEPARTMENT,GOVERNMENT SECRETARIAT, KERALA-695001” AS PER ORDER DATED 04/10/2021 IN IA3/2021.

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SRI BIJJOY CHANDRAN, SR GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 14483 OF 2021

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JUDGMENT

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The petitioner states that she joined the service as UP School Assistant (Selection Grade) in the Swami Vivekananda High School, Pandanad on 01.06.1992. According to the petitioner, she has been working in the said post for the last couple of decades. Her probation has also been declared. However, due to the division fall in the school, some teachers had to be retrenched and the petitioner herein was also disengaged by the 5th respondent for a short period. It is contended that the petitioner joined back in service on 05.06.1995 and was in service till her voluntary retirement on 31.07.2020. The petitioner contends that it was due to the ailments that struck her, that she had to take voluntary retirement. She contends that pension and other terminal benefits have not been disbursed to her for the period from 01.06.1992 to 31.07.2020. It is in the afore circumstances that this writ petition is filed seeking the following reliefs:

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i) declare that the petitioner is liable for reckoning services and entitled to pension and terminal benefits taking into account the services of the petitioner from 01.06.1992 till 31.07.2020 as continuous service;

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ii) issue a writ of Mandamus or any other appropriate writ, order or directing the respondents to recalculate the pension and other terminal benefits of the petitioners and

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WP(C) NO. 14483 OF 2021

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issue orders by reckoning services from 01.06.1992 till 31.07.2020 as continuous service;

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iii) to issue a Writ of Certiorari or order or direction quashing Ext.P3 to the extent of restricting the pension and terminal benefits of the petitioner only from 05.06.1995.

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Sri. S.K. Adhithyan, the learned counsel appearing for the petitioner submits that the petitioner herein has filed Ext.P4 representation before the additional 7th respondent which is still pending. It is submitted that, for the time being, the petitioner would be satisfied if the additional 7th respondent is directed to consider Ext.P4 representation and take a decision in an expeditious manner.

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I have heard Sri. Bijoy Chandran, the learned Senior Government Pleader who submitted that if the request of the petitioner is only for expeditious consideration of Ext.P4, appropriate directions can be issued.

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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) Without expressing any opinion on the merits of the assertions

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made in the representation, there will be a direction to the additional 7th respondent to take up, consider and pass

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WP(C) NO. 14483 OF 2021

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appropriate orders on Ext.P4, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or her authorised representative as well as the Manager.

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b) Orders, as directed above, shall be passed expeditiously, in any 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 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. 14483 OF 2021 6

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APPENDIX OF WP(C) 14483/2021

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PETITIONER (S) EXHIBITS:

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Exhibit P1 TRUE COPY OF THE SERVICE BOOK OF THE PETITIONER IN THE POST OF UPSA. Exhibit P2 TRUE COPY OF THE APPLICATION FOR CAUSAL LEAVE SUBMITTED BY THE PETITIONER. Exhibit P3 TRUE COPY OF THE ORDER NO.G4/6475/2020/DDE DATED 7.9.2020 ISSUED BY THE 2ND RESPONDENT. Exhibit P4 TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER BEFORE THE PRINCIPAL SECRETARY, DEPT OF GENERAL EDUCATION DATED 06/09/2021. Exhibit P5 TRUE COPY OF THE POSTAL RECEIPT EVIDENCING SENDING EXT.P4 REPRESENTATION.

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RESPONDENT (S) EXHIBITS: NIL

Hemalatha.P v. Director of General Education

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Hemalatha.P v. Director of General Education

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