Disposed

Smt. Rose Mary Jacob v. State of Kerala

Kerala HC4 Apr 2023WP(C)/11857/2023

Case brief

AI extract

What is this about?

Single-judge court disposed of a writ petition seeking approval for appointment and release of salary arrears. It directed the Director of General Education to consider the petitioner's representation within two months with an audi alteram partem direction.

What did the court decide?

The 2nd respondent directed to consider Ext.P9 within two months and give an opportunity of hearing to the petitioner and 4th respondent.

Smt. Rose Mary Jacob Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2023)

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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 P.V.KUNHIKRISHNAN

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TUESDAY, THE 4TH DAY OF APRIL 2023 / 14TH CHAITHRA, 1945
WP(C) NO. 11857 OF 2023

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PETITIONER:

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ROSE MARY JACOB

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AGED 27 YEARS

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W/O JUSTIN, NON VOCATIONAL TEACHER (ENTREPRENEURSHIP
AND DEVELOPMENT) (JUNIOR), SREEKRISHNA VOCATIONAL
HIGHER SECONDARY SCHOOL, KURICHITHANAM, KOTTAYAM
DISTRICT AND RESIDING AT PAZHIYANKAL HOUSE,
PANACHEPALLY P.O KANJIRAPPALLY, KOTTAYAM, PIN – 686634.

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BY ADV N.UNNIKRISHNAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN – 695001.

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2 THE DIRECTOR OF GENERAL EDUCATION GOVERNMENT OF KERALA, JAGATHY, THIRUVANANATHAPURAM – 695014.

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3 THE ASSISTANT DIRECTOR VOCATIONAL HIGHER SECONDARY EDUCATION, REGIONAL OFFICE, MINI CIVIL STATION, KAKKANAD, ERNAKULAM, PIN – 682030.

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4 THE MANAGER

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SREE KRISHNA VOCATIONAL HIGHER SECONDARY SCHOOL,
KURICHITHANAM-P.O, KOTTAYAM DISTRICT, PIN – 686634.

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SMT.NISHA BOSE, SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.11857 of 2023 2

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P.V. KUNHIKRISHNAN, J.

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W.P.(C) No.11857 of 2023

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Dated this the 4^th day of April, 2023

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JUDGMENT

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The above writ petition is filed with following prayers:

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(i) call for the records for the delay in granting approval to the appointment of the petitioner as Non Vocational Teacher (Entrepreneurship and Development) (Junior), recommenced by the 3^rd respondent for approval and for non-granting salary for the duty done by the petitioner as Non-Vocational Teacher (Entrepreneurship and Development) (Junior) from 17.2.2022.

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(ii) Declare that the 2^nd respondent is bound to grant approval to the appointment of petitioner as Non Vocational Teacher (Entrepreneurship and Development) (junior) in the pay scale of Rs.45600- 95600 within a reasonable time with effect from 17.2.2022 with attending benefits;

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(iii) Issue a Writ of Mandamus or appropriate writ or order or direction to the 2nd respondent to issue necessary approval to the appointment of the petitioner as Non Vocational Teacher (Entrepreneurship and Development) (Junior) as evidenced in Exhibit P3 Appointment order, within a reasonable time to the petitioner;

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(iv) Issue a Writ of Mandamus or appropriate writ or order or direction to the respondents to release salary arrears as Non Vocational Teacher (Entrepreneurship and Development) (Junior) in the pay scale of Rs.456OO-956OO from 17.2.2022 to the date of payment with interest @6% per annum within a reasonable time to the petitioner;

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(v) Issue appropriate writ, order or Direction as this Hon’ble Court

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W.P.(C) No.11857 of 2023 3

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may deem fit, just and necessary in the interest of justice to the petitioner including the cost of this writ petition

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(vi) Petitioner also prays that this Hon’ble Court may be pleased to dispense with the translation of the documents produced in the vernacular language.

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When this writ petition came up for consideration, the counsel for the petitioner submitted that the petitioner will be satisfied if a direction is issued to the 2^nd respondent to consider Ext.P9 within a time frame. The issue is regarding the approval of the appointment of the petitioner.

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Heard the learned Government Pleader also.

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After hearing both sides, I think this writ petition itself can be

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disposed of directing the 2^nd respondent to consider Ext.P9 within a time frame.

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Therefore, this writ petition is disposed of with the following directions:

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The 2^nd respondent is directed to consider and pass appropriate orders in Ext.P9, as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment.

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Before passing final orders, the 2^nd respondent shall give an opportunity of hearing to the petitioner and the 4^th respondent.

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While passing orders on Ext.P9, the 2^nd respondent shall also consider the applicability of the judgment in W.A.No.1602 of 2022.

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W.P.(C) No.11857 of 2023 4

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The petitioner will produce a certified copy of this judgment along with a copy of this writ petition before the 2^nd respondent for compliance.

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Sd/-

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P.V. KUNHIKRISHNAN

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JUDGE

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Sru

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W.P.(C) No.11857 of 2023 5

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APPENDIX OF WP(C) 11857/2023

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PETITIONER’S EXHIBITS

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`ExhibitP1`	`A TRUE COPY OF ADVERTISEMENT PUBLISHED IN` `MATHRUBHOOMI, MALAYALAM NEWSPAPER, KOTTAYAM` `EDITION DATED 30.09.2021 INVITING` `APPLICATIONS FOR THE NON VOCATIONAL TEACHER` `(ENTREPRENEURSHIP AND DEVELOPMENT) (JUNIOR)` `IN SREE KRISHNA VOCATIONAL HIGHER SECONDARY` `SCHOOL.`
`ExhibitP2`	`A TRUE COPY OF LETTER NO. E5/3730/2021 DATED` `15.02.2022 ISSUED BY THE 2ND RESPONDENT TO` `THE PETITIONER.`
`ExhibitP3`	`A TRUE COPY OF APPOINTMENT ORDER NO.` `2520/2022 DATED 17.02.2022 BY THE 4TH` `RESPONDENT.`
`ExhibitP4`	`A TRUE COPY OF APPOINTMENT ORDER NO.2520/2022` `DATED 17.2.2022 IN ENGLISH ISSUED BY THE 4TH` `RESPONDENT.`
`ExhibitP5`	`A TRUE COPY OF JOINING LETTER DATED` `17.02.2022.`
`ExhibitP6`	`A TRUE COPY OF STATEMENT OF CHANGE OF STAFF` `DATED 17.02.2022.`
`ExhibitP7`	`A TRUE COPY OF DECLARATION DATED 17.02.2022` `OF THE PETITIONER.`
`ExhibitP8`	`A TRUE COPY OF LETTER NO.2521/2022 DATED` `2.3.2022 ADDRESSED TO THE 2ND RESPONDENT BY` `THE 4TH RESPONDENT.`
`ExhibitP9`	`A TRUE COPY OF REPRESENTATION DATED` `30.10.2022 SUBMITTED BY THE PETITIONER TO THE` `2ND RESPONDENT.`
`ExhibitP10`	`A TRUE COPY OF LETTER NO. E5/9050/2022 DATED` `08.12.2022 ADDRESSED TO THE 3RD RESPONDENT BY` `THE 2ND RESPONDENT.`

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W.P.(C) No.11857 of 2023 6

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ExhibitP11A TRUE COPY OF LETTER NO. B/317/22 DATED
31.03.2022 ADDRESSED BY THE 3RD RESPONDENT TO
THE 2ND RESPONDENT.

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RESPONDENTS EXHIBITS : NIL

Smt. Rose Mary Jacob v. State of Kerala

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Smt. Rose Mary Jacob v. State of Kerala

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