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Ramakrishnan C v. State of Kerala

Kerala HC19 Jun 2023WP(C)/1558/2021

Case brief

AI extract

What is this about?

High Court disposed of a writ petition seeking regularization of service and pay revision for retired craft teachers, directing the Department to consider a representation within four months while referencing prior orders and judgments.

What did the court decide?

1st respondent directed to consider Ext.P18 and pass appropriate orders within four months, referring to prior orders and judgments.

Ramakrishnan C 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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MONDAY, THE 19^TH DAY OF JUNE 2023 / 29TH JYAISHTA, 1945

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WP(C) NO. 1558 OF 2021

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PETITIONERS:

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1 RAMAKRISHNAN C S/O LATE C KUNHIRAMAN NAIR, CRAFT TEACHER(RETD.), PUDUPPANAM, NORTH S B SCHOOL, PUDUPPANAM P.O, VADAKARQA-VIA, KOZHIKODE DISTRICT, PIN-673105, RESIDING AT CHALIYAT HOUSE, MEPPAYIL P.O, VADAKARA-VIA, KOZHIKODE DISTRICT, PIN-673104. 2 BABU RAJ M.K S/O LATE KRISHNAN K.K, CRAFT TEACHER (RETD.), GUJARATHI S B SCHOOL, VADAKARA BEACH, VDAKARA-4, KOZHIKODE DISTRICT, PIN-673103, RESIDING AT NANDANAM, NUT STREET P.O, VADAKARA-VIA, KOZHIKODE DISTRICT, PIN-673104. 3 T VIJAYALAKSHMI W/O MURALEEDHARAN C, CRAFT TEACHER (RETD.), MUTHUVANA U.P. SCHOOL, MUTHUVANA P.O, PAYYOLI-VIA, KOSHIKODE DISTRICT, PIN-673523, RESIDING AT DARSANA, ELAMPILAD, MANIYOOR P.O, PAYYOLI-VIA, KOZHIKODE DISTRICT, PIN-673105. 4 SURESH KUMAR M., S/O LATE GOPALA KURUP, CRAFT TEACHER(RETD.), MEPPAYIL EAST S.B SCHOOL, MEPPAYIL P.O, VADAKARA -VIA, KOZHIKODE DISTRICT, PIN-673104, RESIDING AT MUDRA, PUTHIYANGADI P.O., KOZHIKODE DISTRICT, PIN-673021. 5 UNNI M., S/O LATE GOPALAN NAIR K, PHYSICAL EDUCATION TEACHER (RETD.), S.M.T.T.I, RAMANATTUKARA, PUDUKODE, MALAPPURAM DISTRICT, PIN-673633, RESIDING AT CHETHIL HOUSE, KAKKUR P O, KOZHIKODE DISTRICT, PIN-673613. BY ADVS. BABU JOSEPH KURUVATHAZHA SRI.C.P.SIVADASAN NAIR

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RESPONDENTS:

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WP(C) NO. 1558 OF 2021

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001.

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2 DIRECTOR OF GENERAL EDUCATION JAGATHY, THIRUVANANTHPAURAM, PIN-695014.

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3 DEPUTY DIRECTOR OF EDUCATION KOZHIKODE, PIN-673001.

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4 DEPUTY DIRECTOR OF EDUCATION MALAPPURAM, DOWN HILL, KOTTAPPADY, MALAPPURAM DISTRICT, PIN-676519.

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5 DISTRICT EDUCATIONAL OFFICER VADAKARA, KOZHIKODE DISTRICT, PIN-673101.

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6 DISTRICT EDUCATIONAL OFFICER MALAPPURAM, MALAPPURAM DISTRICT, PIN-676505.

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7 ASSISTANT EDUCATIONAL OFFICER VADAKARA, KOZHIKODE DISTRICT, PIN-673101. BY ADV.

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SMT.SURYA BINOY, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR

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ADMISSION ON 19.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 1558 OF 2021

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P.V.KUNHIKRISHNAN, J.

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------------------------------

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W.P.(C)No. 1558 of 2021

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---------------------------------------------Dated this the 19^th day of June, 2023

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JUDGMENT

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The above writ petition is filed with the following

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prayers:

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“(i) issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents to regularize the service of the petitioners, with full pay, allowances and all other benefits, including right to exercise option of pay revision, with effect from the dates of their joining in service, that is 13.7.88, 20.7.88, 21.6.84, 10.8.88 and 27.8.87 respectively, and to revise their pay, allowances, pension etc. forthwith;

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(ii) issue a writ of mandamus or any other appropriate writ, order or direction, commanding the 1 st respondent to consider and dispose of Ext.P18 representation, in the light of Exts.P13 to P15 orders of the 1 st respondent and Ext.P16 judgment of the learned Division Bench of this Hon'ble Court as well as Exts.P17 and P17(a)

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WP(C) NO. 1558 OF 2021

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judgments of the Hon'ble Supreme Court of India, forthwith;

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(iii) issue such other writ, order or direction which may deem fit in the facts and circumstances of the case.”[SIC]

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When this writ petition came up for

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consideration, the counsel appearing for the petitioner submitted that the petitioner will be satisfied if a direction is issued to the 1^st respondent to consider Ext.P18 in the light of Exts.P13 to P15 orders and Exts.P19 to P21 judgments.

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Heard the learned Government Pleader

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also.

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After hearing both sides, I think this writ petition itself can be disposed of directing the 1^st respondent to consider Ext.P18 in the light of the above orders.

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Therefore, this writ petition is disposed of in the

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WP(C) NO. 1558 OF 2021

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following manner:

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i. The 1^st respondent is directed to

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consider and pass appropriate orders in Ext.P18, as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a certified copy of this judgment.

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ii. While deciding the matter, the 1^st respondent will also consider the applicability of Exts.P13 to P15 orders and Exts.P19 to P21 judgments.

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iii. Petitioner will produce a certified copy of this judgment along with a copy of the writ petition before the 1^st respondent for compliance.

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Sd/-

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P.V.KUNHIKRISHNAN JUDGE

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WP(C) NO. 1558 OF 2021

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APPENDIX OF WP(C) 1558/2021

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PETITIONER EXHIBITS

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EXHIBIT P1	TRUE COPY	OF	THE ORDER OF
	APPOINTMENT	DA	TED 13.07.1988,
	ISSUED BY T NORTH S B S	HE MAN CHOOL,	AGER OF PUDUPPANAM VADAKARA.
EXHIBIT P2	TRUE COPY	OF GO	(RT) NO. 1227/GE
	DATED 11. GOVERNMENT.	04.1991	ISSUED BY THE
EXHIBIT P3	TRUE COPY	OF	THE ORDER NO.
	K.DIS/668/9 BY THE 2ND	4 DATE RESPOND	D 5.3.1994 ISSUED ENT.
EXHIBIT P4	TRUE COPY	OF	THE ORDER NO.
	B/4147/2011 BY THE 7TH	DATED RESPOND	26.12.2011 ISSUED ENT.
EXHIBIT P5	TRUE COPY	OF THE	ORDER NO. DATED
	NIL 06/20 RESPONDENT.	13 ISS	UED BY THE 7TH
EXHIBIT P6	TRUE COPY	OF	THE GO RT NO.
	1220/91/GE BY THE 1ST	DATED RESPOND	10.04.1991 ISSUED ENT.
EXHIBIT P7	TRUE COPY	OF	THE ORDER DATED
	12.12.1991 RESPONDENT.	ISSUE	D BY THE 7TH
EXHIBIT P8	TRUE COPY	OF	THE ORDER NO.
	B/3191/2013 BY THE 7TH	DATED RESPOND	31.10.2013 ISSUED ENT.
EXHIBIT P9	TRUE COPY	OF	THE ORDER OF
	APPOINTMENT BY THE MA	DATED NAGER	10.08.1988 ISSUED OF MEPPAYIL EAST

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WP(C) NO. 1558 OF 2021

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	SENIOR BASIC SCHOOL.
EXHIBIT	P10 TRUE COPY OF GO (RT) NO DATED 11.4.1991 ISSUED RESPONDENT.	. 1228/91/GE BY THE 1ST
EXHIBIT	P11 TRUE COPY OF THE	ORDER NO
	B/1873/2012 DATED 10.12. BY THE 7TH RESPONDENT.	2014 ISSUED
EXHIBIT	P12 TRUE COPY OF THE	ORDER OF
	APPOINTMENT DATED 28/7/	1987 ISSUED
	BY THE MANAGER OF RAMANATTUKARA.	S.M.T.T.I
EXHIBIT	P13 TRUE COPY OF GO 5081/2000/G.EDN. DATED ISSUED BY THE 1ST RESPON	(RT) NO. 12.12.2000 DENT.
EXHIBIT	P14 TRUE COPY OF GO 1324/2001/G.EDN DATED ISSUED BY THE 1ST RESPON	(RT) NO. 30.03.2001 DENT.
EXHIBIT	P15 TRUE COPY OF GO 3629/05/.G.EDN DATED ISSUED BY THE 1ST RESPON	(RT) NO. 1/7/2005 DENT.
EXHIBIT	P16 TRUE COPY OF THE JUD 26/09/2017 IN WA NO. 1 THIS HON'BLE COURT.	GMENT DATED 854/2013 OF
EXHIBIT	P17 TRUE COPY OF THE JUDGM HON'BLE SUPREME COURT	ENT OF THE IN MAHARAJ
	KRISHNAN BHATT AND ANOT	HER V STATE
	OF JAMMUR AND KASHMIR (2008) 9 SCC 24).	AND OTHERS
EXHIBIT	P17(A) TRUE COPY OF THE JUDGM	ENT OF THE
	HON'BLE SUPREME COURT INDIA AND OTHERS V N S	IN UNION OF RATHNAM AND

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WP(C) NO. 1558 OF 2021

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SONS (2015) 10 SCC 681.

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EXHIBIT P18 TRUE COPY OF THE REPRESENTATION DATED 10.09.2020 FILED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT.

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EXHIBIT P19 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 7.12.2021 IN W.P.(C) NO.27165/2021.

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EXHIBIT P20 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 27.6.2019 IN W.P.(C) NO.23163/2018.

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EXHIBIT P21 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 16.7.2021 IN W.P.(C) NO.21206/2020.

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RESPONDENTS EXHIBITS : NIL

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//TRUE COPY// PA TO JUDGE

Ramakrishnan C v. State of Kerala

Case brief

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Ramakrishnan C v. State of Kerala

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