Vimitha Vijayan, v. State of Kerala

Kerala HC10 Nov 2022WP(C)/8288/2021

Case brief

AI extract

What is this about?

A writ concerning the recovery of maternity leave benefits admittedly availed by the petitioner while she was employed by KSRTC. The court held that impugned orders imposing recovery are unsustainable at the current stage since the resignation was accepted retroactively without a proper enquiry.

What did the court decide?

Writ petition allowed; Impugned order Ext. P19 set aside; Competent Authority directed to reconsider claim and date of resignation after hearing petitioner; Recovery actions deferred.

What the court decided

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

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THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶4

THURSDAY, THE 10TH DAY OF NOVEMBER 2022 / 19TH KARTHIKA,

¶5

1944

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WP(C) NO. 8288 OF 2021

¶7

PETITIONER:

¶8

VIMITHA VIJAYAN,
AGED 35 YEARS
W/O / AGHILES, OFFICE ATTENDANT, G.H.S.
PORUVAZHY, PORUVAZHY P.O. SATHAMCOTTAH, KOLLAM,
690 520,
RESIDING AT KANATHATTIL, KOYIKKALBHAGOM,
PERUVELIKKARA P.O. WEST KALLADA, KOLLAM, 690
891,
(FROM MALLAKATHU KIZHAKKATHIL, ARINALLOOR SOUTH
P.O. ARINALLOOR, KOLLAM 690 538).
BY ADV B.MOHANLAL

¶9

RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, A 695 001.

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Vimitha Vijayan, Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2022)

¶55

`PETITIONER EXH` `EXHIBIT P1`	`IBITS` `THE TRUE COPY OF THE ADVISE IN FILE` `NO. RIB(2)35469/09/GVV DATED` `28.12.2099 ISSUE BY THE SECRETARY` `P.S.C. TO THE PETITIONER.`
`EXHIBIT P2`	`THE TRUE COPY OF THE APPOINTMENT ORDER` `NO. PLIZ/2000/2010 DATED 22/03/2010` `ISSUED BY THE 6TH RESPONDENT TO THE` `PETITIONER.`
`EXHIBIT P3`	`THE TRUE COPY OF THE ORDER NO. EA2-` `1038/10/KLM DATED 01/04/2010 ISSUED BY` `THE ASSISTANT TRANSPORT OFFICER` `ATTACHED TO THE OFFICE OF THE 7TH` `RESPONDENT TO THE PETITIONER AND TYPED` `COPY.`
`EXHIBIT P4`	`THE TRUE COPY OF THE ORDER NO.` `EA2/111/11.KLM DATED 14/06/2011 SUED` `BY THE 7TH RESPONDENT AND TYPED COPY.`
`EXHIBIT P5`	`THE TRUE COPY OF THE ADMISSION SLIP` `DATED 24/12/2013 OBTAINED BY THE` `PETITIONER FROM THE MEDICAL OFFICER,` `GOVERNMENT AYURVEDA DISPENSARY,` `KOLLAM.`
`EXHIBIT P6`	`THE TRUE COPY OF THE APPLICATION DATED` `26/12/2013 SUBMITTED BY THE PETITIONER` `BEFORE THE 7TH RESPONDENT.`
`EXHIBIT P7`	`THE TRUE COPY OF THE MEDICAL` `CERTIFICATE DATED 26/12/2013 ISSUED BY` `THE MEDICAL OFFICER, GOVERNMENT` `AYURVEDA DISPENSARY, KOLLAM TO THE` `PETITIONER.`
`EXHIBIT P8`	`THE TRUE COPY OF THE MEDICAL` `CERTIFICATE DATED 25/03/2014 ISSUED BY` `THE MEDICAL OFFICER, DISTRICT AYURVEDA` `HOSPITAL, ASRAMAM, KOLLAM TO THE` `PETITIONER.`

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EXHIBIT P9THE TRUE COPY OF THE MEDICAL
CERTIFICATES DATED 31/05/2014 ISSUED
BY THE MEDICAL OFFICER DISTRICT
AYURVEDA HOSPITAL, ASRAMAM, KOLLAM TO
THE PETITIONER.
EXHIBIT P10THE TRUE COPY OF THE DISCHARGE SUMMARY
OBTAINED BY THE PETITIONER FROM
R.C.P.M. HOSPITAL, OACHIRA.
EXHIBIT P11THE TRUE COPY OF THE BIRTH CERTIFICATE
OF THE PETITIONERS MINOR DAUGHTER
SIDHI AGHILESH OBTAINED FROM OACHIRA
GRAMA PANCHAYATH DATED 06/01/2015.
EXHIBIT P12THE TRUE COPY OF THE ORDER NO. A5-
14341/12 DATED 18/03/2015 ISEUD BY THE
ADMINISTRATIVE ASSISTANT ATTACHED TO
THE OFFICE OF THE 3RD RESPONDENT TO
THE PETITIONER.
EXHIBIT P13THE TRUE COPY OF THE DEPENDENT
CERTIFICATE/RELATION CERTIFICATE OF
THE PETITIONERS HUSBAND ISSUED BY THE
MILITARY OFFICER, 21 SATA REGIMENT,
C/O. 56 APO DATED 27/2/2016.
EXHIBIT P14THE TRUE COPY OF THE ORDER NO.
EA2/5307/15/KLM DATED 24/03/2015
ISSUED BY THE 7TH RESPONDENT TO THE
PETITIONER.
EXHIBIT P15THE TRUE COPY OF THE G.O.(P) NO.
279/2014/FIN. DATED 14/07/2014 ISSUED
BY THE GOVERNMENT.
EXHIBIT P16THE TRUE COPY OF THE COMMUNICATION NO.
44/2017 DATED 27/07/2017 SENT BY THE
4TH RESPONDENT TO THE ADMINISTRATIVE
ASSISTANT ATTACHED TO THE OFFICE OF
THE 3RD RESPONDENT.
EXHIBIT P17THE TRUE COPY OF THE COMMUNICATION NO.
03/5/2018 DATED 26/05/2018 SENT BY THE
4TH RESPONDENT TO THE CHIEF OFFICER,
ATTACHED TO THE OFFICE OF THE 5TH
RESPONDENT.
EXHIBIT P18THE TRUE COPY OF THE ORDER NO.PL-

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16/0936/2018 DATED 26/11/2018 ISSUED
BY THE 6TH RESPONDENT TO THE 7TH
REPRESENTED AND TYPED COPY.
EXHIBIT P19THE TRUE COPY OF THE ORDER
NO.EA2/7911/KOLLAM DATED 28/12/2018
ISSUED BY THE 7TH RESPONDENT TO THE
PETITIONER.
EXHIBIT P20THE TRUE COPY OF THE OBJECTION DATED
NIL FILED BY THE PETITIONER BEFORE THE
5TH RESPONDENT AGAINST EXT. P19.
EXHIBIT P21THE TRUE COPY OF THE COMMUNICATION NO.
A5-7447/2020 DATED 15/08/2020 ISSUED
BY THE 3RD RESPONDENT TO THE 7TH
RESPONDENT.
EXHIBIT P22THE TRUE COPY OF THE VERIFICATION
CERTIFICATE NO. KPSC DO
KLM/6719/2020/QSS III(1) VW DATED
23/10/2020 ISSUED BY THE PSC TO THE
PETITIONER.
EXHIBIT P23THE TRUE COPY OF THE ORDER NO.
A5/17611/2018 DATED 11/12/2020 ISSUED
BY THE ADMINISTRATIVE ASSISTANT
ATTACHED TO THE OFFICE OF THE 3RD
RESPONDENT.
EXHIBIT P24THE TRUE COPY OF THE ORDER NO.
A5/7447/2020 DATED 17/02/2021 ISSUED
BY THE 3RD RESPONDENT TO THE 7TH
RESPONDENT.

Vimitha Vijayan, v. State of Kerala

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