Allowed

Mary Helen T.K v. State of Kerala

Kerala HC6 Dec 2023WP(C)/37412/2023

Case brief

AI extract

What is this about?

Petitioner sought approval for her promotion as High School Assistant. The court held that as a Rule 43 claimant, she is entitled to promotion for retirement vacancy regardless of certain Government Order requirements, relying on a prior judgment.

What did the court decide?

Petitioner approved for promotion as H.S.A (SS) with effect from 01.06.2010; 4th respondent directed to issue orders within three weeks; monetary benefits to be released one month thereafter.

Mary Helen T.K Vs State of Kerala — Service and Employment | 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 T.R.RAVI

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WEDNESDAY, THE 6^TH DAY OF DECEMBER 2023 / 15TH AGRAHAYANA, 1945

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WP(C) NO. 37412 OF 2023

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PETITIONER:

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MARY HELEN T.K AGED 50 YEARS W/O JAMES DANIEL RESIDING AT MADATHIL HOUSE, SNEHA NAGAR 220, AYATHIL P.O KOLLAM, PIN – 691 021

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BY ADVS. JOHNSON GOMEZ SANJAY JOHNSON JOHN GOMEZ ARUN JOHNY DEEBU R. ABIN JACOB MATHEW ANN MARIA SEBASTIAN K.P.SUFIYAN

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RESPONDENTS:

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*1 STATE OF KERALA REP. BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM., PIN – 695 001 2 DIRECTOR GENERAL OF EDUCATION OFFICE OF THE DIRECTOR GENERAL OF EDUCATION, JAGATHY, THIRUVANANTHAPURAM., PIN – 695 014 3 THE DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM, PIN – 691 001 4 [ THE DISTRICT EDUCATIONAL OFFICER OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, PUNALUR, KOLLAM., PIN – 691 013 ] CORRECTED ADDRESS OF R4 IS CORRECTED AS “THE DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KOLLAM, PIN – 691 013” AS PER ORDER DATED 05.01.2024 IN IA.1/2023 IN WPC.37412/2023.

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WP(C) NO. 37412 OF 2023

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5 THE CORPORATE MANAGER OF CATHOLIC SCHOOLS CORPORATE MANAGEMENT, KOLLAM, DIOCESE OF QUILON,BISHOP'S HOUSE, THANGASSERY (PO), KOLLAM, PIN – 691 007 SRI. PREMCHAND R. NAIR. SR.GP.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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06.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 37412 OF 2023

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T.R.RAVI.J

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

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WP(C) No.37412 of 2023

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Dated this the 06^th day of December, 2023

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JUDGMENT

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Admit. Government Pleader takes notice for

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respondents 1 to 4. In view of the order that is proposed to be issued, notice to the 5^th respondent is dispensed with.

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The writ petition has been filed seeking approval of promotion of the petitioner as High School Assistant (SS) with effect from 01.06.2010. The petitioner was appointed as UPSA on 14.07.1997 and her appointment for leave vacancy was approved on 05.06.2000. She subsequently worked in various schools under the management of the 5^th respondent. A retirement vacancy arose at St.John’s High School, Eravipuram and the petitioner was promoted

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WP(C) NO. 37412 OF 2023

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to that vacancy. However, the appointment by promotion was not approved by the respondents stating that there is non-compliance with the requirements of GO(P) No.10/10/G.Edn. dated 12.01.2010. The contention of the petitioner is that she is a Rule 43 claimant entitled to promotion and the Government Order referred above will not apply to her case. Reliance is placed on Ext.P6 judgment of this Court in WP(C)No.3810 of 2022, wherein this Court has specifically held that GO(P) No.10/10/G.Edn. dated 12.01.2010 will not apply in cases of filling up of retirement vacancy by a Rule 43 claimant. I am in respectful agreement with the above judgment. The writ petitioner is entitled to succeed.

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The writ petition is hence allowed. The 4^th respondent is directed to approve the appointment of the petitioner as H.S.A (SS) on promotion with effect from 01.06.2010 on the basis of Ext.P1 appointment order. Necessary orders shall be issued within three weeks from

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WP(C) NO. 37412 OF 2023

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the date of receipt of a copy of this judgment and the

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monetary benefits shall be released to the petitioner one

month thereafter.

Sd/-

T.R.RAVI

JUDGE

WP(C) NO. 37412 OF 2023

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APPENDIX OF WP(C) 37412/2023

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PETITIONER’S EXHIBITS

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Exhibit P1	A TRUE COPY OF THE ORDER ISSUED BY THE RESPONDENT NO.5 DATED 01.06.2010 PROMOTING THE PETITIONER AS HSA (SS) AND PROCEEDINGS NO. B3-13408/11 DATED 19.03.2012 ISSUED BY THE RESPONDENT NO.4
Exhibit P2	A TRUE COPY OF THE ORDER G.O.(P) NO.10/10/G. EDN. DATED 12.1.2010
Exhibit P3	A TRUE COPY OF THE ORDER NO. G.O.(P) NOS.199/2011/G.EDN. DATED 01.10.2011 ISSUED BY THE RESPONDENT NO.4
Exhibit P4	A TRUE COPY OF THE REQUEST MADE BY THE PETITIONER DATED 21/10/2023 TO RESPONDENT NO.1
Exhibit P5	A TRUE COPY OF THE JUDGEMENT IN WP(C) 15998 OF 2015 DATED 28.07.2015 OF THIS HON'BLE COURT
Exhibit P6	A TRUE COPY OF THE JUDGEMENT IN WP(C) 3810 / 2022 DATED 07.02.2023

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RESPONDENT’S EXHIBITS : NIL

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//TRUE COPY// PA TO JUDGE

Mary Helen T.K v. State of Kerala

Case brief

What is this about?

What did the court decide?

Mary Helen T.K v. State of Kerala

Case brief

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What did the court decide?

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