Allowed

Elsa Mariya Thomas v. the State of Kerala

Kerala HC23 Feb 2023WP(C)/5269/2023

Case brief

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What is this about?

Petitioner sought declaration that her appointment as a school teacher was valid and directed salary payment from approval date. Court declared appointment valid and directed respondents to disburse salary within two months.

What did the court decide?

Petitioner entitled to salary and allowances from date of approval. 4th and 5th respondents directed to disburse within two months.

Elsa Mariya Thomas Vs the 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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THURSDAY, THE 23^RD DAY OF FEBRUARY 2023 / 4TH PHALGUNA, 1944

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WP(C) NO. 5269 OF 2023

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PETITIONER:

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ELSA MARIYA THOMAS AGED 22 YEARS DAUGHTER OF THOMAS (LATE) LOWER PRIMARY SCHOOL TEACHER, ST. BERCHMANS HIGHER SECONDARY SCHOOL P.O. CHANGANACHERRY (FORMERLY J M L P SCHOOL, PAREL, CHANGANACHERRY), KOTTAYAM DISTRICT – 686101 (RESIDING AT EDAYADIL, P.O. VEROOR, CHANGANACHERRY, KOTTAYAM DISTRICT-686104). BY ADVS. V.A.MUHAMMED V.RAJASEKHARAN NAIR

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-II, THIRUVANANTHAPURAM, PIN - 695001 2 THE DIRECTOR OF GENEREL EDUCATION JAGATHY, THIRUVANANTHAPURAM, PIN - 695014 3 THE DEPUTY DIRECTOR OF EDUCATION VAYASKARAKUNNU, PULIMOODU JUNCTION, KOTTAYAM, PIN - 686001 4 THE DISTRICT EDUCATIONAL OFFICER NEAR THIRUNAKKARA TEMPLE, KOTTAYAM, PIN - 686001 5 THE ASSISTANT EDUCATIONAL OFFICER CHANGANACHERRY, KOTTAYAM DISTRICT, PIN - 686101 6 THE CORPORATE MANAGER CORPORATE MANAGEMENT OF SCHOOLS, ARCH DIOCESE OF

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WP(C) NO. 5269 OF 2023

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CHANGANACHERRY, CHANGANACHERRY, KOTTAYAM DISTRICT, PIN - 686101

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SMT.SURYA BINOY, SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 5269 OF 2023

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P.V.KUNHIKRISHNAN, J.

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-----------------------------W.P.(C)No. 5269 of 2023

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---------------------------------------------Dated this the 23^rd 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) declare that Exhibit P-1 order of appointment and approval vide Exhibit P-2 is legal and valid.

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(ii) declare that the Petitioner is entitled to get salary and other allowances with effect from 26.07.2021 as the appointment stands approved.

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(iii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 5th Respondent to disburse the salary and other allowances to the Petitioner with effect from 26.07.2021 onwards and forthwith.

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(iv) to dispense with filing of English translation of vernacular documents produced in the Writ Petition.

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(v) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.”[SIC]

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Petitioner was appointed as Lower Primary

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WP(C) NO. 5269 OF 2023

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School Teacher (for short LPST) from 26.07.2021 onwards against a retirement vacancy in J M L P School, Parel and her appointment papers were uploaded through “SAMANWAYA" portal by the 6^th respondent Corporate Manager in time. It is also the case of the petitioner that, as per the entries in "SAMANWAYA" her approval was granted by the Assistant Educational Officer, Changanacherry on 20.09.2021. But the consequent proceedings were not generated. The grievance of the petitioner is that, even though the petitioner's appointment was approved, the salary is not disbursed. Hence, this Writ Petition is filed.

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Heard counsel appearing for the petitioner and the learned Government Pleader.

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Counsel appearing for the petitioner reiterated the contentions raised in this writ petition. The Government Pleader on the other hand submitted that the approval was granted when an interim order

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WP(C) NO. 5269 OF 2023

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passed by this Court in W.P.(C)No.19808/2021 was in force. But it is an admitted fact that the above writ petition was disposed of subsequently and it is clearly mentioned in that judgment that the approved appointments need not be unsettled. The same point is considered by this Court in Ext.P7 judgment. Hence, according to me, the prayers in this writ petition is to be allowed in the light of the above discussion.

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Therefore, this writ petition is allowed in the following manner:

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i. It is declared that Ext.P1 order of appointment and approval of the same as per Ext.P2 is valid.

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ii. The 4^th and 5^th respondents are directed to disburse the salary and other allowances to the petitioner from the date of approval, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a copy of this judgment.

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WP(C) NO. 5269 OF 2023

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iii. Petitioner will produce a certified copy of this judgment along with a copy of this writ petition before the 4^th and 5^th respondents for compliance.

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Sd/-

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P.V.KUNHIKRISHNAN

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JUDGE

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WP(C) NO. 5269 OF 2023

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APPENDIX OF WP(C) 5269/2023

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PETITIONER EXHIBITS

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EXT.	P-1 TRUE COPY OF THE	APPOINTMENT ORDER
	OF THE PETITIONER	DATED 26.07.2021
EXT.	P-2 TRUE COPY OF	THE APPROVED
	APPLICATIONS FROM	"SAMANWAYA" PORTAL
EXT.	P-3 TRUE COPY OF THE L	ETTER NO. D/623/22
	DATED 23.09.2022 ADDRESSED TO THE D	OF THE AEO IRECTOR
EXT.	P-4 TRUE COPY OF THE	JUDGMENT IN W.P.
	(C) NO. 22304/2018	DATED 04.07.2018
EXT.	P-5 TRUE COPY OF THE (C) NO. 28721/2020	JUDGMENT IN W.P. DATED 22.12.2020
EXT.	P-6 TRUE COPY OF	THE LETTER NO.
	DGE/12313/2022-H2 OF THE DIRECTOR	DATED 22.09.2022
EXT.	P-7 TRUE COPY OF TH	E JUDGMENT DATED
	19.01.2023 IN 37682/2022	W.P. (C) NO.
EXT.	P-8 TRUE COPY OF TH 23.12.2022 IN W.A.	E JUDGMENT DATED NO. 1825/2022

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RESPONDENTS EXHIBITS : NIL

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//TRUE COPY// PA TO JUDGE

Elsa Mariya Thomas v. the State of Kerala

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Elsa Mariya Thomas v. the State of Kerala

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