Disposed

Suja George, v. State of Kerala

Kerala HC8 Sept 2021WP(C)/18227/2021

Case brief

AI extract

What is this about?

The High Court of Kerala directed the Deputy Director of Education and the Corporate Manager to consider the petitioner's representations regarding disability benefits under the Rights of Persons with Disabilities Act, 2006, and pass appropriate orders within two months after affording her a hearing.

What did the court decide?

Direction to the Deputy Director of Education and the Corporate Manager to consider the petitioner's representations and pass appropriate orders within two months after affording her an opportunity of

Suja George, Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (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 SUNIL THOMAS

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WEDNESDAY, THE 8^TH DAY OF SEPTEMBER 2021 / 17TH BHADRA, 1943

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WP(C) NO. 18227 OF 2021

PETITIONER:

1 SUJA GEORGE,

AGED 43 YEARS

W/O. BIJU KURIAN, ANIKKATHADATHIL HOUSE, KULIRAMUTTI P.O., KOODARANJI, KOZHIKODE DISTRICT-673604.

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BY ADVS. P.A.JENZIA V.RAJASEKHARAN NAIR

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RESPONDENTS:

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1 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, CIVIL STATION, KOZHIKODE-673020.

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4 THE DEPUTY DIRECTOR OF EDUCATION, KAKKANAD @ ERNAKULAM-682030.

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5 THE DISTRICT EDUCATIONAL OFFICER, THAMARASSERY, KOZHIKODE DISTRICT-673573.

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6 THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM-682308.

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7 THE CORPORATE MANAGER, MARKAZ EDUCATIONAL AGENCY, KARAMTHUR,

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WP(C) NO. 18227 OF 2021

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	KOZHIKODE-673571.
8	THE PRINCIPAL, FM HSS KOOMBARA, THAMARASSERY, KOZHIKODE DISTRICT-673604.
9	THE PRINCIPAL, AL-FAROOKHIA HIGHER SECONDARY SCHOOL, VIA EDAPPALLY, CHERANALLOOR, ERNAKULAM DISTRICT-682034.
10	THE PRINCIPAL, MARKAZ GIRLS HS, KARANTHUR, KOZHIKODE DISTRICT-673571.
11	THE PRINCIPAL, MARKAZ BOYS HSS, KARANTHUR, KOZHIKODE DISTRICT-673571.
	BY ADV. SRI.BIJOY CHANDRAN, GP
THIS	WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION	ON 08.09.2021, THE COURT ON THE SAME DAY
DELIVERED	THE FOLLOWING:

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WP(C) NO. 18227 OF 2021

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JUDGMENT

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Dated this the 08^th day of September, 2021

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The petitioner was working as resource person when she was hit by the school bus on 01.02.2017, and was injured. She suffered 50% disability. According to the petitioner, she is entitled for benefits under the provisions of Persons with Disabilities (Equal Opportunities Protection of Right and Full Participation) Act, 1995 and Rights of Persons with Disabilities Act, 2006, which are made applicable to all Educational Institutions. She had submitted representations as Ext.P11 before the fifth respondent, and Ext.P12 before the third respondent. The limited prayer now sought by the petitioner is for a direction to the above authorities to consider her representations and to dispose it of, as expeditiously as possible.

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Having heard the learned Counsel for the petitioner and the learned Government Pleader, I am inclined to dispose of the Writ Petition itself directing the

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WP(C) NO. 18227 OF 2021

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third and the fifth respondent to take up Ext.P12 and Ext.P11 respectively and to pass appropriate orders on it, after giving a reasonable opportunity of being heard to the petitioner and also to the seventh respondent or its representatives, either physically and if not possible, virtually, within a period of two months from the date of receipt of a copy of this judgment.

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The Writ Petition is disposed of.

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Sd/SUNIL THOMAS JUDGE

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SKP/8-9

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WP(C) NO. 18227 OF 2021

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APPENDIX OF WP(C) 18227/2021

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE MA CERTIFICATE OF THE PETITIONER ISSUED BY THE INDIRA GANDHI OPEN UNIVERSITY DATED 25/02/2014. EXHIBIT P2 TRUE COPY OF THE B.ED CERTIFICATE OF THE PETITIONER ISSUED BY THE INDIRA GANDHI OPEN UNIVERSITY DATED 14/02/2011. EXHIBIT P3 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE DR. PRADEEP KUMAR, SR. CONSULTANT AND HOD, DEPARTMENT OF ORTHOPAEDICS DATED 14/05/2018. EXHIBIT P3(A) TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE DR. PRADEEP KUMAR, SR. CONSULTANT AND HOD, DEPARTMENT OF ORTHOPAEDICS DATED 21/05/2018. EXHIBIT P3(B) TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE DR. PRADEEP KUMAR, SR. CONSULTANT AND HOD, DEPARTMENT OF ORTHOPAEDICS DATED 22/08/2020. EXHIBIT P4 TRUE COPY OF THE DISABILITY CERTIFICATE OF THE PETITIONER DATED 11/02/2021 ISSUED BY THE HEALTH SERVICE DEPARTMENT, GOVERNMENT TALUK HOSPITAL, THAMARASSERY. EXHIBIT P5 TRUE COPY OF THE GO(P) NO. 18/2018/SJD DATED 18/11/2018. EXHIBIT P6 TRUE COPY OF THE JUDGMENT OF THE DIVISION BENCH IN WA NO.1237/2020 DATED 04/02/2021. EXHIBIT P7 TRUE COPY OF THE ORDER OF THE SUPREME COURT IN SLP NO. 6669/2021 DATED 05/07/2021. EXHIBIT P8 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE

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WP(C) NO. 18227 OF 2021

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MANAGER DATED 11/03/2021. EXHIBIT P9 TRUE COPY OF THE LETTER OF THE CORPORATE MANAGER ADDRESSING THE MANAGER DATED 05/08/2021. EXHIBIT P10 TRUE COPY OF THE APPLICATION UNDER THE RIGHT TO INFORMATION ACT MADE BY THE PETITIONER DATED 06/08/2021. EXHIBIT P11 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE DEO, THAMARASSERY DATED 05/08/2021. EXHIBIT P12 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE DDE, KOZHIKODE DATED 05/08/2021.

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RESPONDENTS EXHIBITS: NIL

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TRUE COPY

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P.A. TO JUDGE

Suja George, v. State of Kerala

Case brief

What is this about?

What did the court decide?

Suja George, v. State of Kerala

Case brief

What is this about?

What did the court decide?

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