Disposed

Saritha R v. the State of Kerala

Kerala HC17 Feb 2023WP(C)/2130/2022

Case brief

AI extract

What is this about?

In a writ petition challenging non-implementation of appointment orders, the Court discharged the petitioners by directing the State to finalize pending proceedings and grievances within three months while ensuring a hearing to affected parties before final disposal.

What did the court decide?

The State directed to finalize pending proceedings within three months, considering a hearing for petitioners and affec.

Saritha R Vs the State of Kerala — Pension and Retirement Benefits | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN FRIDAY, THE 17^TH DAY OF FEBRUARY 2023 / 28TH MAGHA, 1944 WP(C) NO. 2130 OF 2022

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PETITIONERS:

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1 SARITHA R

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AGED 34 YEARS

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HIGHER SECONDARY SCHOOL TEACHER (GEOGRAPHY), B S S HIGHER
SECONDARY SCHOOL, KOLLENGODE, PALAKKAD DISTRICT-678 506.

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2REKHA P,
HIGHER SECONDARY SCHOOL TEACHER(JUNIOR) (SANSKRIT), B S S
HIGHER SECONDARY SCHOOL, KOLLENGODE,
PALAKKAD DISTRICT-678 506.

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BY ADVS.

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V.A.MUHAMMED
M.SAJJAD

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RESPONDENTS:

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1THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, SECRETARIAT, ANNEXE 11,
THIRUVANANTHAPURAM-695 001

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2 THE DIRECTOR OF GENERAL EDUCATION, (HIGHER SECONDARY WING), HOUSING BOARD BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001.

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3 THE REGIONAL DEPUTYMDIRECTOR OF HIGHER SECONDARY EDUCATION B2 BLOCK, UP HILL, CIVIL STATION ROAD, MALAPPURAM-676 505 (MAP)

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4 THE MANAGER,

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B S S HIGHER SECONDARY SCHOOL, KOLLENGODE, PALAKKAD
DISTRICT-678 506.

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5 THE PRINCIPAL, B S SS HIGHER SECONDARY SCHOOL, KOLLENGODE, PALAKKAD DISTRICT-678 506.

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BY ADV ADVOCATE GENERAL OFFICE KERALA

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OTHER PRESENT:

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SR GP SMT NISHA BOSE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 2130 OF 2022

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P.V.KUNHIKRISHNAN, J.

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W.P.(C) No. 2130 of 2022

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Dated this the 17^th day of February, 2023

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JUDGMENT

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The above writ petition is filed with the following prayers:

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(i) issue a writ of mandamus or other appropriate writ, order or direction commanding the 3rd Respondent to approve the appointments covered by Exhibits P-1 and P-2 and disburse the attendant benef i ts forthwith, in implementation of Exhibit P-10.

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(ii) pass such other order or direction which this Hon'ble Court may deem f i t and proper to grant in the circumstances of the case (SIC).

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The main prayer in this writ petition is t o approve the appointment of the petitioners covered by Exhibits P1 and P2

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and disburse the attendant benef i ts by implementing Exhibit

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P-10.

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When this writ petition came up for consideration on

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26.07.2022 this court passed the following order.

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“Smt.P.A Jenzia, the learned counsel appearing for the petitioner,submits that there is no justifcation in not i implementing Ext.P10.

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The learned Government Pleader on instructions submits that by letter dated 03.12.2021, Ext.P10 has been ordered to be kept in abeyance.

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Issue notice to respondents 4 and 5. Post after two weeks.”

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WP(C) NO. 2130 OF 2022

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Today when the matter came up for consideration, the Government pleader produced a letter No. GEDNB3/324/2021- G.EDN dated 03.12.2021 dated 31.12.2021 in which it is stated that an effected party approached the government stating that the manager forged certain documents therefore a report has to be called for from the DGE. It is also stated in that letter that DGE to keep operation of Ext.P10 in abeyance until further directions are issued by the Government. In such circumstances, it is submitted that, Ext.P10 cannot be implemented at this stage without finalizing the proceedings based on the above letter.

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Counsel for the petitioner submitted that the petitioner submitted Ext.P16 representation before the Government. If that is the case, this writ petition itself can be disposed directing the 1^st respondent to finalize the proceedings and also to consider the grievances of the petitioner which are narrated by the petitioner in Ext.P16, with notice to all the effected parties within a time frame.

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

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WP(C) NO. 2130 OF 2022

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i. The 1^st respondent is directed to consider and

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pass appropriate orders in Ext.P16 and also conclude the proceedings initiated as per letter No.GEDN-B3/324/2021-G.EDN dated 03.12.2021 , as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment.

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ii. Before passing final orders, the 1^st respondent should give an opportunity of hearing to the petitioners and all effected parties mentioned in the per letter No. GEDN-B3/324/2021-G.EDN dated 31.12.2021.

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

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S d/-

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P.V.KUNHIKRISHNAN JUDGE

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WP(C) NO. 2130 OF 2022

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APPENDIX OF WP(C) 2130/2022

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`PETITIO` `Exhibit`	`NER EXH` `P1`	`IBITS` `TRUE COPY OF THE APPOINTMENT ORDER OF THE 1ST` `PETITIONER DATED 11.9.2017`
`Exhibit`	`P2`	`TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND` `PETITIONER DATED 7.2.2018`
`Exhibit`	`P3`	`TRUE COPY OF THE ORDER NO` `F/10238/2017/RDD/HSE/MLPM/K.DIS DATED 2.7.2019` `OF THE 3RD RESPONDENT`
`Exhibit`	`P4`	`TRUE COPY OF THE ORDER NO` `F/2566/2018/RDD/HSE/MLPM/K.DIS DATED 2.7.2019` `OF THE 3RD RESPONDENT`
`Exhibit`	`P5`	`TRUE COPY OF THE APPEAL PETITION FILED BEFORE` `THE 2ND RESPONDENT BY THE 1ST PETITIONER DATED` `24.7.2019 WITHOUT ANNEXUER`
`Exhibit`	`P6`	`TRUE COPY OF THE APPEAL PETITION FILED BEFORE` `THE 2ND RESPONDENT BY THE 2ND PETITIONER DATED` `24.7.2019 WITHOUT ANNEXURE`
`Exhibit`	`P7`	`TRUE COPY OF THE ORDER NO ACD` `A2/157101/2019/HSE DATED 7.1.2021 OF THE 2ND` `RESPONDENT`
`Exhibit`	`P8`	`TRUE COPY OF THE REVISION PETITION FILED` `BEFORE THE GOVERNMENT BY THE PETITIONERS DATED` `15.1.2021 WITHOUT EXHIBITS`
`Exhibit`	`P9`	`TRUE COPY OF THE JUDGMENT IN WPC NO 3288/2021` `DATED 9.2.2021`
`Exhibit`	`P10`	`TRUE COPY OF THE GO(RT0 NO 3940/2021 /G.EDN` `DATED 7.9.2021 OF THE GOVT`
`Exhibit`	`P11`	`TRUE COPY OF THE ORDER NO B4/10364/16/K.DIS` `DATED 7.6.2010 OF THE DDE, PALAKKAD`
`Exhibit`	`P12`	`TRUE COPY OF THE CONSTITUTION AND BYE-LAWS OF` `THE EDUCATIONAL SOCIETY AND APPROVED ON` `9.1.1999 BY THE DDE)`
`Exhibit`	`P13`	`TRUE COPY OF THE APPOINTMENT ORDER OF SMT E.K.` `PREETHA DATED 2.5.2018 ALONG WITH TYPED COPY`

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WP(C) NO. 2130 OF 2022

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Exhibit P14TRUE COPY OF THE GO(RT) NO 2203/2020/G.EDN
DATED 29.6.2020 OF THE GOVT
Exhibit P15TRUE COPY OF THE ORDER NO B3/18897/2020 DATED
13.10.2020 OF THE DEO, PALAKKAD ALONG WITH
COPIES
Exhibit P16TRUE COPY OF THE REVISION PETITION FILED
BEFORE THE GOVERNMENT DATED 12-10-2022.

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RESPONDENTS EXHIBITS : NIL

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 //TRUE COPY// PA TO JUDGE

Saritha R v. the State of Kerala

Case brief

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Saritha R v. the State of Kerala

Case brief

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