Court disposed of a writ petition filed by a school teacher seeking regularization of service and salary. The High Court was not satisfied to grant final relief immediately and instead issued limited directions for the State to reconsider specific exhibits within three months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP(C) NO. 6616 OF 2022
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 6TH DAY OF DECEMBER 2022 / 15TH AGRAHAYANA,
1944
WP(C) NO. 6616 OF 2022
PETITIONER:
SARITHA M
AGED 39 YEARS
UPST, KUTHUPARAMBA HIGH SCHOOL, KUTHUPARAMBA POST, KANNUR DISTRICT-670643.
BY ADV POOVAMULLE PARAMBIL ABDULKAREEM
RESPONDENTS:
WP(C) NO. 6616 OF 2022
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SMT MARY BEENA JOSEPH, SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 6616 OF 2022
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JUDGMENT
This writ petition is filed seeking issuance of directions to the 1st respondent to consider and pass orders on Ext.P12 revision petition. The petitioner has also sought for issuance of direction to the 4th respondent to regularize the service of the petitioner as UPSA from 15.07.2018 onwards and also for a declaration that the petitioner is entitled to obtain salary from 15.07.2018.
4. 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:
consider and pass appropriate orders on Ext.P12, adverting to Exts.P3 and P4, after affording an opportunity of being heard,
WP(C) NO. 6616 OF 2022
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either physically or virtually, to the petitioner herein or her authorized representative and the respondents 5 and 6.
b) Orders, as directed above, shall be passed expeditiously, in any
event, within three months from the date of production of a copy of this judgment.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
IAP
WP(C) NO. 6616 OF 2022
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APPENDIX OF WP(C) 6616/2022
PETITIONER'S EXHIBITS:
| Exhibit P1 | TRUE COPY OF THE APPOINTMENT ORDER DATED 02.06.2014 ISSUED BY THE 5TH RESPONDENT. |
|---|---|
| Exhibit P2 | TRUE COPY OF THE STAFF FIXATION ORDER NO.D.DIS/B6/5882/2018 DATED 10.07.2018 ISSUED BY THE 4TH RESPONDENT. |
| Exhibit P3 | TRUE COPY OF THE INTERIM ORDER DATED 16.08.2018 IN WPC NO.27253/2018 ISSUED BY THIS HON'BLE COURT. |
| Exhibit P4 | TRUE COPY OF THE JUDGMENT DATED 04.02.2019 IN WPC NO.27253/2018 ISSUED BY THIS HON'BLE COURT. |
| Exhibit P5 | TRUE COPY OF THE ORDER NO.B1/17852/2018/A.DIS DATED 31.03.2019 ISSUED BY THE 3RD RESPONDENT. |
| Exhibit P6 | TRUE COPY OF THE JUDGMENT DATED 25.03.2019 IN WPC NO.3821/2019 ISSUED BY THIS HON'BLE COURT. |
| Exhibit P7 | TRUE COPY OF THE STAFF FIXATION ORDER NO.D.DIS.B6/12087/2019 DATED 20.07.2019 ISSUED BY THE 4TH RESPONDENT. |
| Exhibit P8 | TRUE COPY OF THE ORDER NO.B6/895/2020/K.DIS DATED 01.07.2020 ISSUED BY THE 4TH RESPONDENT. |
| Exhibit P9 | TRUE COPY OF THE ORDER NO.B1/11377/2020/K.DIS DATED 22.10.2020 ISSUED BY THE 3RD RESPONDENT. |
WP(C) NO. 6616 OF 2022
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Exhibit P10 TRUE COPY OF THE FITNESS CERTIFICATE DATED 28/05/2021 ISSUED BY THE ASSISTANT ENGINEER OF KUTHUPARAMBA MUNICIPALITY. Exhibit P11 TRUE COPY OF THE ORDER NO.B6/4612/21 N.DIS DATED 25.11.2021 ISSUED BY THE 4TH RESPONDENT. Exhibit P12 TRUE COPY OF THE REVISION PETITION DATED 03.02.2022 SUBMITTED BY THE PETITIONER. RESPONDENTS' EXHIBITS:
NIL
2 issues framed by the court
Whether directions should be issued to the State to consider the revision petition adverting to prior judgments.
Whether regularization of service and salary entitlement should be declared for the petitioner from 15.07.2018.
Saritha M
State of Kerala
Director of General Education
Deputy Director of Education
District Educational Officer
Manager Kuthuparamba High School
Raja Vijayaraghavan V
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
