Disposed

Musthaque.v v. the Deputy Director of Education

Kerala HC28 Sept 2021WP(C)/20315/2021

Case brief

AI extract

What is this about?

This writ petition concerns a teacher seeking reconciliation of broken service for pay fixation. The court directed the Deputy Director of Education to reconsider the denial of service weightage based on *Khadija*, ordering a decision within two months.

What did the court decide?

Directed the first respondent to consider the petitioner's broken service issue based on Khadija within two months.

Musthaque.v Vs the Deputy Director of Education — 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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TUESDAY, THE 28^TH DAY OF SEPTEMBER 2021 / 6TH ASWINA, 1943 WP(C) NO. 20315 OF 2021

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PETITIONER:

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MUSTHAQUE.V AGED 44 YEARS HIGH SCHOOL TEACHER, IUHS SCHOOL, PARAPPUR, KOTTAKKAL, MALAPPURAM-676 503

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BY ADVS.SRI.AUGUSTINE JOSEPH SRI.K.S.ROCKEY SRI.TONY AUGUSTINE SRI.GEORGE RENOY

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RESPONDENTS:

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1 THE DEPUTY DIRECTOR OF EDUCATION

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DOWN HILL, MALAPPURAM-676 519.

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2 THE DISTRICT EDUCATION OFFICER, THIRURANGADI, MALAPPURAM-676 306

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3 THE HEADMASTER, IUHS SCHOOL, PARAPPUR, KOTTAKKAL, MALAPPURAM-676 503

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BY ADV.SRI.BIJOY CHANDRAN, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C)NO.20315 of 2021

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:-2-:

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Dated this the 28th day of September, 2021

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J U D G M E N T

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The petitioner herein has entered permanent

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service as a Teacher on 01.09.2015. He had broken service period. The request of the petitioner is to consider it for reckoning the service weightage and

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pay fixation based on 2015 pay revision. The

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grievance of the petitioner is that the Deputy Director of Education raised objection regarding the reckoning of previous broken service.

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2. Having heard the learned counsel for the

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petitioner and the learned Government Pleader, I am inclined to direct the first respondent to consider the above issue in the light of the decision

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reported in Khadija Vs. State of Kerala & anr. (2014(4) KLT 349) and to pass appropriate orders on it as expeditiously as possible at any rate within a period of two months from the date of receipt of

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W.P.(C)NO.20315 of 2021

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:-3-:

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a copy of this judgment, after affording an opportunity of being heard to the petitioner,

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either physically or through virtual mode.

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The writ petition is disposed of as above.

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All pending interlocutory applications are

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closed.

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Sd/-

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SUNIL THOMAS JUDGE

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ami/

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W.P.(C)NO.20315 of 2021

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:-4-:

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PETITIONER'S EXHIBITS

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Exhibit P1 TRUE COPY OF THE STATEMENT OF PAY FIXATION DATED 19.2.2018 ALONG WITH THE ENDORSEMENT OF THE 2ND RESPONDENT

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Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF THE INSPECTION REPORT NO.F3/35563/2019 DATED 12.4.2021 OF THE 1ST RESPONDENT

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Exhibit P3

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TRUE COPY OF THE JUDGMENT DATED 2.7.2021 IN WPC NO.31095/2019

Musthaque.v v. the Deputy Director of Education

Case brief

What is this about?

What did the court decide?

Musthaque.v v. the Deputy Director of Education

Case brief

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