Disposed

Sheeba. P.R v. Deputy Director of Education

Kerala HC3 Apr 2023WP(C)/5433/2023

Case brief

AI extract

What is this about?

This court disposed of a writ petition concerning a retired teacher seeking a Writ of Mandamus. The petitioner claimed non-revision of pay and pension benefits under the 2014 pay revision and non-disbursement of excess amounts refunded. The High Court directed the respondents to refix the pay and disburse benefits within specific timelines.

What did the court decide?

Direction to respondents 1 and 2 to refix petitioner's pay pursuant to 2014 pay revision within one month and disburse consequential benefits within two months from date of judgment.

Sheeba. P.R Vs Deputy Director of Education — 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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MONDAY, THE 3^RD DAY OF APRIL 2023 / 13TH CHAITHRA, 1945

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WP(C) NO. 5433 OF 2023

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PETITIONER/S:

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SHEEBA. P.R AGED 58 YEARS W/O. JAYAPRAKASH A B, LPSA(RETIRED), CMS UPS THALIKKULAM, THRISSUR RESIDING AT ARAKKAL HOUSE, THAMPANKADAVU THALIKKULAM, THRISSUR DISTRICT, PIN - 680569 BY ADVS. K.B.GANGESH SMITHA CHATHANARAMBATH

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RESPONDENT/S:

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1 DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, AYYANTHOLE, THRISSUR , PIN - 680003 2 ASSISTANT EDUCATIONAL OFFICER OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, VALAPPAD, THRISSUR, PIN - 680567 3 STATE OF KERALA REP. BY SECRETARY TO GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 SMT.NISHA BOSE, SR.GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.C No.5433 of 2023

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P.V.KUNHIKRISHNAN, J.

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

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W.P.(C) No.5433 of 2023

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Dated this the 3^rd day of April, 2023

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JUDGMENT

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The petitioner states that she retired from an aided school by name CMS UPS Thalikkulam as LPSA on 31.03.2021. Her grievance is that even if she has complied with the objections raised in Exts.P1 and P3 communications issued by the 1^st respondent, till date, her pay has not been revised in accordance with the 2014 pay revision and her arrears of pensionary benefits has not been revised. She also states that the excess amount paid by her pursuant to Ext.P1 audit objection which was modified subsequently pursuant to Ext.P3 also has not been released to her. Being aggrieved by that, the petitioner has approached this Court seeking the following reliefs:

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“ i) a Writ of mandamus or any other appropriate writ, order or direction commanding respondents 1 and 2 to fix the petitioner's pay pursuant to 2014 pay revision forthwith upon grant of selection grade to her on completion of 22 years of service, revise her monthly pension and retirement benefits accordingly and to

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W.P.C No.5433 of 2023

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disburse all attendant monetary benefits including excess amount paid pursuant to Ext.P1 objection to her within a time frame as fixed by this Hon'ble Court; ii) a Writ of mandamus or any other appropriate writ, order or direction commanding the respondents to pay interest at the rate of 12% on the monetary benefits due to the petitioner pursuant to refixation of her pay as per 2014 pay revision with effect from the date of her retirement on 31.03.2021.

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iii) Any other appropriate writ, order or direction as this Hon'ble Court may deem fit on the facts and in the circumstances of the case and allow this petition with all costs

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iv) It is also prayed that this Hon'ble Court may be pleased to dispense with the production of translation of vernacular documents produced in the writ petition. [SIC]”

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

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Today, when the matter is taken up for consideration, the learned Government Pleader submitted that the 2^nd respondent shall do the needful to revise the pay and for which, the 2^nd respondent has already obtained clarification from the 1^st respondent.

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In view of the aforesaid submission, the respondents 1

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W.P.C No.5433 of 2023

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and 2 can be directed to finalise the matter within a time frame. Accordingly this writ petition is disposed of with the following directions:

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There will be a direction to the respondents 1 and 2 to refix the petitioner's pay pursuant to 2014

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pay revision as expeditiously as possible and at any rate within a period of one month from the date of receipt of a certified copy of the judgment.

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Based on the above decision, consequential monetary benefits shall be disbursed to the petitioner

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as expeditiously as possible at any rate within a period of two months from the date on which the above order is passed.

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The petitioner shall produce a copy of the writ petition along with a certified copy of the judgment before the concerned respondent to ensure compliance.

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Sd/-

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P.V.KUNHIKRISHNAN, JUDGE

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W.P.C No.5433 of 2023

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APPENDIX OF WP(C) 5433/2023

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PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF AUDIT OBJECTION DATED 02.12.2020 ISSUED BY THE 2 ND RESPONDENT Exhibit P2 TRUE COPY OF LETTER DATED 14.01.2021 SUBMITTED BY THE HEADMISTRESS OF CM UPS THALIKKULAM TO THE 1ST RESPONDENT INTIMATING REPAYMENT OF EXCESS AMOUNT PAID AND COMPLIANCE WITH EXT.P1 AUDIT OBJECTION Exhibit P3 TRUE COPY OF AUDIT OBJECTION DATED 30.03.2022 ISSUED BY THE 1ST RESPONDENT Exhibit P4 TRUE COPY OF CHALLAN DATED 20.06.2022 EVIDENCING REPAYMENT OF RS.6911/- BY THE PETITIONER Exhibit P5 TRUE COPY OF REPRESENTATION DATED 05.09.2022 PREFERRED BY THE PETITIONER TO THE 2ND RESPONDENT

Sheeba. P.R v. Deputy Director of Education

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Sheeba. P.R v. Deputy Director of Education

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