Disposed

Yusaff Eranoth, v. the State of Kerala

Kerala HC3 Jan 2023WP(C)/2991/2021

Case brief

AI extract

What is this about?

In this writ petition, the petitioner prayed for arrears of salary, inclusion in KASEPF scheme, correction of pay scale error, and direction on a revision petition. The High Court directed the respondent to consider the petitioner's revision petition after providing a hearing opportunity.

What did the court decide?

Directed the 1st respondent to consider Ext.P6 after affording an opportunity of being heard to the petitioner, expeditiously within three months.

Yusaff Eranoth, Vs the State of Kerala — Pension and Retirement Benefits | Kerala HC (2023)

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WP(C) NO. 2991 OF 2021

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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 RAJA VIJAYARAGHAVAN V

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TUESDAY, THE 3^RD DAY OF JANUARY 2023 / 13TH POUSHA, 1944 WP(C) NO. 2991 OF 2021

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PETITIONER/S:

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YUSAFF ERANOTH, AGED 47 YEARS S/O. KUTTIALI, UPSA VANMUKHAM, KODIKKAL A M U P SCHOOL, KADALOOR P. O., KOZHIKODE DISTRICT - 673 529. BY ADV M.SAJJAD

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RESPONDENT/S:

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

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2 THE DIRECTOR OF GENERAL EDUCATION JAGATHY, THIRUVANANTHAPURAM - 695 014.

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3 THE DEPUTY DIRECTOR OF EDUCATION KOZHIKODE - 673 001.

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4 THE DISTRICT EDUCATIONAL OFFICER WADAKARA, KOZHIKODE DISTRICT - 673 101.

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5 THE ASSISTANT EDUCATIONAL OFFICER MELADY ASSISTANT EDUCATION OFFICE, PAYYOLI P. O., KOZHIKODE DISTRICT - 673 522.

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WP(C) NO. 2991 OF 2021 2

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6 THE MANAGER VANMUKHAM, KODIKKAL A M U P SCHOOL, KADALOOR P. O., KOZHIKODE DISTRICT - 673 529. 7 THE HEAD MASTER VANMUKHAM, KODIKKAL A M U P SCHOOL, KADALOOR P. O., KOZHIKODE DISTRICT - 673 529. SMT. NISHA BOSE, SR. GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 2991 OF 2021

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JUDGMENT

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This writ petition is filed seeking the following reliefs:

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(i) issue a writ of mandamus or other appropriate writ, order or direction commanding the Respondents to pay the arrears of salary of the Petitioner with interest.

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(ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the Respondents to include the Petitioner in the KASEPF scheme.

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(iii) issue a writ of mandamus or other appropriate writ, order or direction commanding the Respondents to correct the error in his pay scale and disburse the consequential benefit interest.

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(iv) issue a writ of mandamus or other appropriate writ, order, or direction commanding the 1st Respondent to take decision on Exhibit P-6 with notice to the Petitioner in a time-bound manner.

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2. Sri. M. Sajjad, the learned counsel appearing for the petitioner,

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submitted that the salary of the petitioner for the period from 17.06.2013

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to 29.01.2016 has not been disbursed so far. It is also submitted that the

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2014 and 2019 pay revision benefits have also not been disbursed.

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According to the learned counsel, the petitioner would be satisfied if

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directions are issued to the 1st respondent to consider Ext.P6 revision

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WP(C) NO. 2991 OF 2021

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petition filed by the petitioner for redressal of the aforesaid grievances

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within a timeframe.

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I have heard Smt. Nisha Bose, the learned senior Government

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Pleader.

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After having carefully evaluated the contentions raised in this

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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:

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a) There will be a direction to the 1st respondent to

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take up, consider and pass appropriate orders on

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Ext.P6 after affording an opportunity of being heard,

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either physically or virtually, to the petitioner herein

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or his authorized representative and respondents 6

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and 7.

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b) Orders, as directed above, shall be passed

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expeditiously, in any event, within three months from

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WP(C) NO. 2991 OF 2021

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the date of production of a copy of this judgment.

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c) It would be open to the petitioner to produce a

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copy of the writ petition along with the judgment

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before the concerned respondent for further action.

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This writ petition is disposed of.

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Sd/-

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RAJA VIJAYARAGHAVAN V

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JUDGE

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WP(C) NO. 2991 OF 2021

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APPENDIX OF WP(C) 2991/2021

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PETITIONER(S) EXHIBITS : EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 17.06.2013. EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.2015. EXHIBIT P3 TRUE COPY OF THE ORDER NO.A/4827/16 DATED 24.06.2018 ISSUED BY THE AEO. EXHIBIT P4 TRUE COPY OF THE LETTER DATED 08.10.2018 ISSUED BY THE AEO. EXHIBIT P5 TRUE COPY OF THE LETTER ISSUED BY THE HEAD MASTER DATED 15.06.2019. EXHIBIT P6 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 04.01.2021. Exhibit P7 TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE AEO, MELADY DATED 13/8/2021 Exhibit P8 TRUE COPY OF THE JUDGMENTS IN WPC NO.30727/2017 DATED 3/10/2017 Exhibit P9 TRUE COPY OF THE JUDGMENTS IN WPC NO.37343/2017 DATED 18/12/2017 Exhibit P10 TRUE COPY OF THE ORDER NO.B5/3986/2017 DATED 13.10.2017 Exhibit P11 TRUE COPY OF THE REQUEST DATED 07/12/2021 Exhibit P12 TRUE COPY OF THE G.O(RT)NO.4071/2021/G.EDN DATED 15.09.2021

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RESPONDENT(S) EXHIBITS : NIL

Yusaff Eranoth, v. the State of Kerala

Case brief

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Yusaff Eranoth, v. the State of Kerala

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