Disposed

E.K.Amruthavarma v. State of Kerala

Kerala HC4 Jan 2023WP(C)/4843/2019

Case brief

AI extract

What is this about?

In a writ petition concerning regularization of appointment, salary arrears, and leave, the High Court of Kerala directed the 1st respondent to receive a new representation (Ext.P46) within three weeks. The court ordered that after an opportunity of being heard, the 1st respondent must pass appropriate orders within three months.

What did the court decide?

Directions to produce Ext.P46 representation within three weeks and to pass appropriate orders after an opportunity of hearing within three months.

E.K.Amruthavarma Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2023)

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W.P.(C) No.4843 of 2019 1

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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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WEDNESDAY, THE 4^TH DAY OF JANUARY 2023 / 14TH POUSHA, 1944

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WP(C) NO. 4843 OF 2019

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PETITIONER:

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E.K.AMRUTHAVARMA H.S.S.T.(JUNIOR),SOCIOLOGY,KADATHANAD RAJA'S HIGHER SECONDARY SCHOOL,P.O.PURAMERI, KOZHIKODE-673503.

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BY ADVS. PHILIP ANTONY CHACKO P.M.SEBASTIAN

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RESPONDENTS:

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1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION(T)DEPARTMENT, GOVERNMENT OF KERALA,SECRETARIAT, TRIVANDRUM,PIN-695001.

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2 THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING,SANTHI NAGAR, THIRUVANANTHAPURAM.

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3 THE MANAGER, KADATHANAD RAJA'S HIGH SCHOOL,PURAMERI, VADAKARA,KOZHIKODE(DT.),PIN-673503.

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4 THE REGIONAL DEPUTY DIRECTOR, DEPARTMENT OF HIGHER SECONDARY EDUCATION, PARAPPIL.P.O,KOZHIKODE-673001.

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BY ADVS. ADVOCATE GENERAL OFFICE KERALA SRI.R.K.MURALEEDHARAN

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W.P.(C) No.4843 of 2019 2

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SMT ANIMA M, GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C) No.4843 of 2019 3

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JUDGMENT

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This writ petition is filed seeking the following reliefs:

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a) To issue a writ of certiorari or any other appropriate writ, order or direction to quash Ext.P23, Ext.P25 and Ext.P29 orders, the Ext.P31 order to the extent to which it is against the petitioner.

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b) To issue a writ of mandamus or any other appropriate writ, order or direction directing respondents to follow Ext.P16 order and Ext.P17A judgment and to approve the appointment of the petitioner as per Ext.P8 appointment order from 2.06.2014.

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c) To issue a writ of mandamus or any other appropriate writ, order or direction directing the 4th respondent to pass an order following the general purport and in tune with the Ext.P15 order passed by the 2nd respondent which was upheld in Ext.P16 order and Ext.P17 A judgment.

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d) To issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to pass orders to allow the petitioner Medical leave and Maternity leave from 15.03.2012 to 02.06.2014 as entitled to her and to approve her as permanent teacher of Sociology from 2.6.2014 and order her probation for a period of 2 years within a continuous period of 3 years.

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e) To issue a writ of mandamus or any other appropriate

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W.P.(C) No.4843 of 2019 4

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writ, order or direction directing the respondents to pass orders to pay salary due payable to the petitioner from 8.9.2010 to 31.3.2011 and also from 2.6.2014 to 8.2.2019 including the salary payable in summer holidays as per Ext.P33 C, forthwith or within a time fixed by this Hon’ble Court.

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f) To issue a writ of mandamus or any other appropriate writ, order or direction, directing the respondents necessary directions to pay salary to the petitioner regularly from 9.2.2019 onwards in the period(time) in which the petitioner is working as Sociology Teacher.

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g) To issue a writ of mandamus or any other appropriate writ, order or direction permitting the petitioner to file a representation to regularize the medical leave and maternity leave from 15.03.2012 to 02.06.2014 and to approve her as a permanent teacher in Sociology in KRHSS Purameri.

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h) To issue a writ of mandamus or any other appropriate writ, order or direction to the 1st respondent State of Kerala to dispose of the representation received from the petitioner within 6 weeks from the date of receipt of that representation or within a time fixed by this Hon’ble Court.

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2. When the matter was taken up for consideration, Sri.Philip

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Antony Chacko, the learned counsel appearing for the petitioner, submits that the petitioner limits his prayers to prayers (g) and (h). The learned counsel points out that the petitioner shall submit Ext.P46 representation before the 1st respondent and requests that directions be issued to the

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W.P.(C) No.4843 of 2019 5

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1st respondent to consider the same and take a decision.

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I have heard the learned Government Pleader, who submits that there is no impediment in granting the said prayer.

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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) The petitioner shall submit Ext.P 46 representation

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before the 1st respondent within a period of three weeks from today.

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b) On submission of the representation as directed above, the 1st respondent shall consider the same and pass appropriate orders on Ext.P46, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or his authorized representative and the 3rd respondent.

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c) Orders, as directed above, shall be passed expeditiously,

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in any event, within a period of three months from the date of production of a copy of this judgment.

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d) It would be open to the petitioner to produce a copy of

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W.P.(C) No.4843 of 2019 6

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the writ petition along with the judgment 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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IAP

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W.P.(C) No.4843 of 2019 7

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APPENDIX OF WP(C) 4843/2019

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PETITIONER'S EXHIBITS:

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EXHIBIT P1	THE TRUE COPY OF THE APPOINTMENT ORDER IN FORM NO.27 AND APPLICATION FOR APPROVAL OF APPOINTMENT BOTH DATED 8.9.2010 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P2	THE TRUE COPY OF THE ORDER DATED 4.8.2010 ISSUED BY THE DISTRICT EDUCATION OFFICER,VADAKARA.
EXHIBIT P3	THE TRUE COPY OF THE ORDER DATED 16-8- 2010 ISSUED BY THE DIRECTOR OF HIGHER SECONDARY EDUCATION(R-2).
EXHIBIT P4	THE TRUE COPY OF THE LETTER DATED 20-9-2010 SENT BY THE MANAGER(R-3)TO THE R.D.D.(R-4).
EXHIBIT P5	THE TRUE COPY OF THE CIRCULAR DATED 15-11-2011 ISSUED BY JOINT DIRECTOR, ACADEMIC WING,HIGHER SECONDARY DIRECTORATE OFFICE, TRIVANDRUM.
EXHIBIT P6	THE TRUE COPY OF THE ORDER DATED 1-3- 2012 PASSED BY THE DIRECTOR(R- 2)NOMINATING THE GOVERNMENT NOMINEE TO ATTEND THE SELECTION COMMITTEE MEETING/INTERVIEW FOR THE 'KRHSS PURAMERI.
EXHIBIT P7	THE TRUE COPY OF THE MINUTES OF THE SELECTION COMMITTEE DATED 4-3-2012 ALONG WITH THE LIST OF CONSOLIDATED MARKS AWARDED TO THE 17 (SEVENTEEN)CANDIDATES, IN VARIOUS SUBJECTS.

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W.P.(C) No.4843 of 2019 8

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EXHIBIT P8	THE TRUE COPY O DATED 6.3.2012 THE MANAGER(R-3 NEWLY SANCTIONE	F THE APPOINTMENT ORDER IN FORM NO.27 ISSUED BY )TO THE PETITIONER,TO THE D POST.
EXHIBIT P9	THE TRUE COPY O 15.3.2012 FILED 3RD RESPONDENT CERTIFICATE DAT HER LEAVE FROM ALONG WITH THE GRANTING LEAVE PERIOD BY THE M	F THE APPLICATION DATED BY THE PETITIONER TO THE MANAGER, WITH THE MEDICAL ED 15.3.2012 FOR GRANTING 15-3-2012 TO 8-1-2013, LETTER DATED 18.3.2012 TO THE PETITIONER IN THAT ANAGER.
EXHIBIT P10	THE TRUE COPY O 9.1.2013 FILED 3RD RESPONDENT CERTIFICATE DAT HER LEAVE FROM ALONG WITH THE GRANTING LEAVE PERIOD BY THE M	F THE APPLICATION DATED BY THE PETITIONER TO THE MANAGER,WITH THE MEDICAL ED 9.1.2013 FOR GRANTING 9.1.2013 TO 17-8-2013 LETTER DATED 10.1.2013 TO THE PETITIONER IN THAT ANAGER.
EXHIBIT P11	THE TRUE COPY O 13.8.2013 FILED 3RD RESPONDENT CERTIFICATE DAT HER LEAVE FROM ALONG WITH THE GRANTING LEAVE PERIOD BY THE M	F THE APPLICATION DATED BY THE PETITIONER TO THE MANAGER,WITH THE MEDICAL ED 13.8.2013 FOR GRANTING 13.8.2013 TO 2-10-2013 LETTER DATED 17.8.2013 TO THE PETITIONER IN THAT ANAGER.
EXHIBIT P12	THE TRUE COPY O 3.10.2013 FILED 3RD RESPONDENT CERTIFICATE DAT HER LEAVE FROM ALONG WITH THE GRANTING LEAVE PERIOD BY THE M	F THE APPLICATION DATED BY THE PETITIONER TO THE MANAGER,WITH THE MEDICAL ED 3.10.2013 FOR GRANTING 3.10.2013 TO 31-3-2014 LETTER DATED 3.10.2013 TO THE PETITIONER IN THAT ANAGER.

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W.P.(C) No.4843 of 2019 9

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EXHIBIT P13	THE TRUE COPY OF THE DISCHARGE SUMMARY ISSUED FROM THE NATIONAL HOSPITAL,CALICUT TO THE PETITIONER WITH THE HOSP NO.12/002091/ AND HOSP NO.13/02091 AND THE FITNESS CERTIFICATE DATED 2.6.2014 ISSUED BY DR.S.BHADRAN.
EXHIBIT P14	THE TRUE COPY OF THE LETTER DATED 2.6.2014 ISSUED BY THE MANAGER TO THE PETITIONER TO REJOIN AS TEACHER IN SOCIOLOGY DEPARTMENT IN KRHSS PURAMERI UNDER THE 3RD RESPONDENT.
EXHIBIT P15	THE TRUE COPY OF THE ORDER DATED 2.1.2013 ISSUED BY THE 2ND RESPONDENT DIRECTOR.
EXHIBIT P16	THE TRUE COPY OF THE ORDER DATED 9.4.2014 PASSED IN W.P(C)NO.1199 OF 2013 BY THE D.B.OF THIS HON'BLE COURT.
EXHIBIT P16 A	THE TRUE COPY OF THE ORDER NO.A2/13978(d)/2011 DATED 23.04.2014 PASSED BY THE R.D.D(R-4)
EXHIBIT P17	THE TRUE COPY OF THE JUDGMENT DATED 29.11.2016 IN A.S.NO.143 OF 1994 BY THE DIVISION BENCH OF THIS HON'BLE COURT.
EXHIBIT P17 A	THE TRUE COPY OF THE JUDGMENT DATED 29.11.2016 IN W.P.(C)NO.1199 OF 2013 BY THE D.B.OF THIS HON'BLE COURT.
EXHIBIT P18	THE TRUE COPY OF THE ORDER DATED 2.7.2013 ISSUED BY THE D.E.O.VADAKARA APPROVING A.K.RAVI VARMA AS THE MANAGER OF KRHSS PURAMERI.
EXHIBIT P19	THE TRUE COPY OF THE LETTER DATED 15.1.2013 ISSUED BY THE R.D.D.(R-4)TO THE MANAGER(R-3)
EXHIBIT P20	THE TRUE COPY OF THE LETTER DATED
	3.7.2014 SENT BY THE R.D.D.(R-4)TO THE

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W.P.(C) No.4843 of 2019 10

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	MANAGER (R-3).
EXHIBIT P21	THE TRUE COPY OF THE LETTER DATED 16-7-2014 SENT BY THE MANAGER, KRHSS,PURAMERI (R-3)TO R.D.D.HIGH SECONDARY EDUCATION,CALICUT (R-4).
EXHIBIT P22	THE TRUE COPY OF THE LETTER DATED 9.9.2014 SENT BY THE MANAGER(R-3)TO THE R.D.D.(R-4).
EXHIBIT P23	THE TRUE COPY OF THE ORDER DATED 13.11.2014 ISSUED BY THE R.D.D,HIGHER SECONDARY EDUCATION,KOZHIKODE(R-4).
EXHIBIT P24	THE TRUE COPY OF THE APPEAL DATED 12.12.2014 FILED BY THE MANAGER E.V.RAVIVARMA RAJA.
EXHIBIT P25	THE TRUE COPY OF THE ORDER DATED 31.3.2015 ISSUED BY THE JOINT DIRECTOR ACADEMIC FOR THE DIRECTOR.
EXHIBIT P26	THE TRUE COPY OF THE REVISION/PETITION DATED 26.5.2015 BY THE MANGAGER BEFORE THE MINISTER OF EDUCATION.
EXHIBIT P27	THE TRUE COPY OF THE COMMUNICATION DATED 22.3.2016 ISSUED BY THE JOINT DIRECTOR ACADEMIC TO THE 1ST RESPONDENT SECRETARY.
EXHIBIT P28	THE TRUE COPY OF THE REPRESENTATION DATED 28.7.2016 GIVEN BY P.K.MOHANA VARMA THE FATHER OF THE PETITIONER TO THE MINISTER OF EDUCATION AND ACKNOWLEDGMENT DATED 25-8-16.
EXHIBIT P29	THE TRUE COPY OF THE ORDER DATED 16-11-2017 ISSUED BY UNDER SECRETARY ON BEHALF OF THE SECRETARY (R-1)TO THE PETITIONER.

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W.P.(C) No.4843 of 2019 11

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EXHIBIT P30	THE TRUE COPY OF THE REVIEW PETITION- DATED 25-11-2017 WITHOUT THE ENCLOSURES,SENT BY THE PETITIONER TO THE SECRETARY, 1ST RESPONDENT.
EXHIBIT P31	THE TRUE COPY OF THE ORDER DATED 21.5.2018 ISSUED BY THE SECRETARY,1ST RESPONDENT TO THE PETITIONER.
EXHIBIT P32	THE TRUE COPY OF THE DUTY CERTIFICATE DATED 16.9.2017 ISSUED BY THE JOINT DIRECTOR (ACADEMIC)DIRECTOR(1/C).
EXHIBIT P33	THE TRUE COPY OF THAT PETITION DATED 28.6.2018 FILED BY THE PETITIONER BEFORE THE PRINCIPAL IN CHARGE KRHSS PURAMERI.
EXHIBIT P33 A	THE TRUE COPY OF THE PETITION DATED 9.7.2018 FILED BY THE PETITIONER THROUGH PROPER CHANNEL TO R.D.D.(R-4).
EXHIBIT P33 B	THE TRUE COPY OF THE LETTER DATED 23.9.2018 SENT BY THE PETITIONER TO THE SECRETARY GEN.EDU.(T)DEPARTMENT.
EXHIBIT P33 C	THE TRUE COPY OF THE ORDER DATED 7.1.2019 PASSED BY THE R.D.D.(R-4).
EXHIBIT P34	THE TRUE COPY OF THE ORDER DATED 5/4/2019 PASSED BY THIS HON'BLE COURT IN WPC NO.4843 OF 2019
EXHIBIT P34A	THE TRUE COPY OF THE APPOINTMENT ORDER DATED 21/4/2019 ALONG WITH THE ANTECEDENT CERTIFICATE DATED 24/4/2019 AND CERTIFICATE OF PHYSICAL FITNESS BY A SINGLE MEDICAL BOARD DATED 25/4/2019 SENT BY THE MANAGER KR HSS, PURAMERI, TO THE R.D.D.(R-4)
EXHIBIT P34-B	THE TRUE COPY OF THE LETTER DATED 31/5/2019 SENT BY THE PETITIONER TO THE R.D.D(R4)

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W.P.(C) No.4843 of 2019 12

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EXHIBIT P34-C	THE TRUE COPY OF THE LETTER NO.HSS A 5/4/07/2019 DATED 27/5/2019 SENT BY THE R.D.D(R-4) TO THE MANAGER (R-3)
EXHIBIT P34-D	THE TRUE COPY OF THE LETTER DATED 17/7/2019 SENT BY THE PETIITONER TO THE MANAGER (R-3)
EXHIBIT P34-E	THE TRUE COPY OF THE ORDER NO.A2/4771/2011/KDIS. DATED 1/3/2014 ISSUED BY THE R.D.D(R-4)
EXHIBIT P-35	THE TRUE COPY OF THE CORRECTION INTIMATION DATED 2/2/2019 BY THE SECRETARY GEN.EDUCATION (D) DEPARTMENT GOVT.OF KERALA
EXHIBIT P-36	THE TRUE COPY OF THE ORDER NO.A3/2438(A)/2014/D Dis DATED 18.3.2014 ISSUED BY THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, KOZHIKODE
EXHIBIT P-37	THE TRUE COPY OF THE ORDER NO.A2/13978(d1)/2011 DATED 2.5.2014 PASSED BY RDD (R4)
EXHIBIT P-38	THE TRUE COPY OF THE AUDIT REPORT OF KRHSS PURAMERI KOZHIKODE FOR THE PERIOD FROM 2010 TO 31.3.2016 ISSUED BY THE RDD HIGHER SECONDARY EDUCATION, KKD(R4) TO THE PRINCIPAL KRHSS, PURAMERI
EXHIBIT P-39	THE TRUE COPY OF THE COUNTER AFFIDAVIT DATED 19.03.2013, FILED BY THE MANAGER AT THAT TIME A.K. RAVIVARMARAJA @ RAVI THAMBURAN S/O DAMODARAN NAMBOOTHIRI
EXHIBIT P-40	THE TRUE COPY OF THE LETTER DATED 16.03.2021 SENT BY THE PETITIONER TO THE MANAGER KRHSS PURAMERI
EXHIBIT P-41	THE TRUE COPY OF THE LETTER DATED 16.03.2021 SENT BY THE MANAGER KRHSS

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W.P.(C) No.4843 of 2019 13

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PURAMERI TO THE PETITIONER.

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EXHIBIT P-42	THE TRUE COPY OF THE PROCEEDINGS/COMMUNICATION, WITH THE FINDINGS DATED 22.03.2016 BY THE JOINT DIRECTOR (ACADEMIC) SENT TO THE SECRETARY GENERAL EDUCATION (T) DEPARTMENT, TRIVANDRUM
EXHIBIT P-42 A	THE READABLE COPY OF THE PROCEEDINGS/COMMUNICATION, WITH THE FINDINGS DATED 22.3.2016 BY THE JOINT DIRECTOR (ACADEMIC) SENT TO THE SECRETARY GENERAL EDUCATION (T) DEPARTMENT, TRIVANDRUM
Exhibit P43	THE TRUE COPY OF THE APPLICATION UNDER THE R.T.I ACT 15/10/2018 FILED BY THE PETITIONER BEFORE THE PRINCIPAL IN CHARGE IN K.R.H.S.S. PURAMERI
Exhibit P43 A	THE DETAILS ISSUED BY THE PRINCIPAL IN CHARGE IN K.R.H.S.S.PURAMERI, UNDER THE R.T.I ACT, THE APPLICATION FOR MATERNITY LEAVE, THE ORDER NO.A5/3089/14/KDIS DATED 27.11.2014 ISSUED BY THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, KOZHIKODE, THE SERVICE BOOK EXTRACTS AND THE PERSONAL MEMORANDA IN PART I OF RASHEEDA P.V TO THE PETITIONER
Exhibit P44	THE TRUE COPY OF THE ORDER DATED 03-02- 2017 IN PETITION(S) FOR SPECIAL LEAVE TO APPEAL (C) NO.(S) 2755/2017 ARISING OUT OF IMPUGNED FINAL JUDGMENT AND ORDER DATED 29-11-2016 IN A.S. NO.143/1994 PASSED BY THE HIGH COURT OF KERALA AT ERNAKULAM, IS PRODUCED.
Exhibit P 45	THE TRUE COPY OF THE ORDER DATED 07.07.2017 IN IA.NO.1187 OF 2017 IN A.S NO.143 OF 1994

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W.P.(C) No.4843 of 2019 14

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Exhibit P45A THE TRUE COPY OF THE ORDER DATED 09-01-2019 IN A.S NO.143 OF 1994 AND OP(C) NO.1420 OF 2017 AND WP(C) NOS. 3938,13739,17776 & 19977 OF 2018, ARE PRODUCED. Exhibit P-46 THE TRUE COPY OF THE REPRESENTATION DATED 30-12-2022 WITHOUT THE ANNEXURES MARKED IN THE SAME TO BE SUBMITTED BY THE PETITIONER BEFORE THE STATE OF KERALA AS SUGGESTED BY THIS HON'BLE COURT ON 19-12-2022. RESPONDENTS' EXHIBITS: EXHIBIT R3(a) A TRUE COPY OF THE COVERING LETTER DATED 17.07.2019 TO THE PRINCIPAL

E.K.Amruthavarma v. State of Kerala

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E.K.Amruthavarma v. State of Kerala

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