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Promod.M.v v. the State of Kerala

Kerala HC12 Jun 2023WP(C)/8647/2022

Case brief

AI extract

What is this about?

In this writ petition, school teachers sought direction to the Government to implement a 2018 order granting approval for their service and benefits. The court directed the State/Director to expedite implementation within two months deeming the school manager's bond executable under a prior G.O.

What did the court decide?

The 4th respondent directed to implement Ext.P2 order deeming Manager executed bond in tune with G.O.(P)No.10/10/G.Edn. dated 12.01.2010, within two months.

Promod.M.v 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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MONDAY, THE 12^TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945 WP(C) NO. 8647 OF 2022

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PETITIONERS:

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1 PROMOD.M.V AGED 50 YEARS SON OF C.H. NARAYANAN, TEACHER - IN - CHARGE (UPPER PRIMACY SCHOOL ASSISTANT), PUZHATHI CENTRAL UPPER PRIMARY SCHOOL, CHIRAKKAL, KANNUR DISTRICT - 670011. 2 SHEEJITH T. UPPER PRIMACY SCHOOL ASSISTANT, PUZHATHI CENTRAL UPPER PRIMARY SCHOOL, CHIRAKKAL, KANNUR DISTRICT - 670011. 3 SHEJU K L.G. SANSKRIT TEACHER, PUZHATHI CENTRAL UPPER PRIMARY SCHOOL, CHIRAKKAL, KANNUR DISTRICT - 670011. BY ADVS. V.A.MUHAMMED M.SAJJAD

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM -695001.

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2 THE DIRECTOR OF GENERAL EDUCATION JAGATHY, THIRUVANANTHAPURAM - 695014.

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3 THE DISTRICT EDUCATIONAL OFFICER, KANNUR, P.O. KANNUR - 670001.

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4 THE ASSISTANT EDUCATIONAL OFFICER PAPPINISSERY, KANNUR DISTRICT - 670561.

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5 THE MANAGER

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WP(C) NO. 8647 OF 2022

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PUZHATHI CENTRAL U.P SCHOOL, CHIRAKKAL, KANNUR DISTRICT – 670011.

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BY ADVS.

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SMT.NISHA BOSE, SENIOR GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 8647 OF 2022

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P.V.KUNHIKRISHNAN, J.

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

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W.P.(C)No. 8647 of 2022

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Dated this the 12^th day of June, 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) issue a writ of mandamus or other appropriate writ order or direction commanding the 4th Respondent to grant approval to the Petitioners from 02.06.2008, 01.06.2009 and 01.06.2009 in implementation of Exhibit P-2 and disburse the attendant benefits forthwith.

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(ii) 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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2. It is the case of the petitioners that, they are

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approved teachers serving in the 5^th respondent School and while continuing so, Government introduced "Teachers Package" vide G.O. (P) No. 199/2011/G.Edn. dated 01.10.2011 and accordingly, petitioners got

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WP(C) NO. 8647 OF 2022

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approval and salary from 01.06.2011. As a result, the petitioners service from the initial dates of appointments till 31.05.2011 stands unapproved. Aggrieved by the same, they approached the Government and the Government issued Ext.P2 order. The grievance of the petitioner is that Ext.P2 order is not implemented.

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Heard the learned counsel appearing for the petitioners and the learned Government Pleader. No notice is necessary to the 5^th respondent at this stage. If the 5^th respondent is aggrieved by any of the directions issued by this Court, the 5^th respondent is free to file a Review Petition before this Court.

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Counsel appearing for the petitioners

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submitted that, there may be a direction to the 4^th respondent to implement Ext.P2 Government Order deeming that the Manager has executed the bond in tune with G.O.(P)No.10/10/G.Edn. dated 12.01.2010.

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WP(C) NO. 8647 OF 2022

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The Government Pleader submitted that, since the Manager has not executed the bond, there is delay in implementing Ext.P2.

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After hearing both sides, I think this writ petition can be disposed of in the following manner:

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i. The 4^th respondent is directed to implement Ext.P2 order deeming that the Manager has executed the bond in tune with G.O. (P)No.10/10/G.Edn. dated 12.01.2010, as expeditiously as possible, at any rate, within a period of two months from the date of receipt of a certified copy of this judgment.

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ii. Petitioner will produce a certified copy of this judgment along with a copy of this writ petition before the 4^th respondent for compliance.

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Sd/-

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P.V.KUNHIKRISHNAN JUDGE

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WP(C) NO. 8647 OF 2022

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APPENDIX OF WP(C) 8647/2022

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PETITIONER EXHIBITS

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EXHIBIT P1	TRUE COPY OF THE JUDGMENT IN WP(C) NO. 26407/2015 DATED 22.02.2018.
EXHIBIT P2	TRUE COPY OF THE G.O(RT) NO. 4820/2018/G.EDN DATED 19.11.2018 OF THE GOVERNMENT.
EXHIBIT P3	TRUE COPY OF THE LETTER OF THE
	MANAGER ADDRESSED TO THE 4TH RESPONDENT DATED 14.07.2020.
EXHIBIT P4	TRUE COPY OF THE LETTER OF THE
	MANAGER ADDRESSED TO THE 4TH RESPONDENT DATED 20.10.2020.
EXHIBIT P5	TRUE COPY OF THE LETTER OF THE MANAGER ADDRESSED TOT HE 4TH RESPONDENT DATED 28.01.2021.
EXHIBIT P6	TRUE COPY OF THE LETTER OF THE MANAGER ADDRESSED TO THE 4TH RESPONDENT DATED 10.01.2022.
EXHIBIT P7	TRUE COPY OF THE DECLARATION OF THE MANAGER DATED 10.01.2022.
EXHIBIT P8	TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.3382/2021 DATED 10.03.2021
EXHIBIT P9	TRUE COPY OF THE JUDGMENT IN WPC NO.3382/2021 DATED 10.03.2021

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RESPONDENTS EXHIBITS : NIL

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//TRUE COPY// PA TO JUDGE

Promod.M.v v. the State of Kerala

Case brief

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Promod.M.v v. the State of Kerala

Case brief

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