Petitioner sought reversal of daily wage appointment status and seniority. Relying on Respondent 1's post-filing order granting benefits, court directed payment within 6 weeks and left other disputes open.
Direction to pay attendant benefits within six weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W. P. (C) No. 13562/2023
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
THURSDAY, THE 14TH DAY OF MARCH 2024 / 24TH PHALGUNA, 1945
WP(C) NO. 13562 OF 2023
PETITIONER:
SHEEBA T.J., AGED 47 YEARS, HSST JUNIOR(MATHEMATICS), BAKER MEMORIAL GIRLS' HIGHER SECONDARY SCHOOL, KOTTAYAM, PIN – 686001.
BY ADVS.M/S.S.P.ARAVINDAKSHAN PILLAY, N.SANTHA, V.VARGHESE, PETER JOSE CHRISTO, S.A.ANAND, K.N.REMYA, L.ANNAPOORNA, VISHNU V.K. & ABHIRAMI K. UDAY
RESPONDENTS:
W. P. (C) No. 13562/2023
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5 MANAGER, CMS SCHOOLS, DIOCESE OF MADHYA KERALA, NORTON CLERGY HOME, CATHEDRAL ROAD, KOTTAYAM, PIN – 686001.
SMT. K.G.SAROJINI, G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W. P. (C) No. 13562/2023
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MOHAMMED NIAS C. P. , J.
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W. P. (C) No. 13562 of 2023
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Dated this the 14th day of March, 2024
J U D G M E N T
The Writ Petition is filed with the following prayers:
2. declare that the petitioner is entitled to continuity of service as HSST (Junior) w.e.f. 05.09.2007 with all consequential service and monetary benefits including approval of appointment in the post of HSST during the period from 03.06.2013 to 01.06.2014.
3. issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to assign rank and seniority to the petitioner in the post of HSST (Junior) reckoning from 05.09.2007 and grant her all consequential service and monetary benefits including continuity of service and to approve her appointment as HSST for the period from 03.06.2013 to 01.06.2014 within a time limit to be fixed by this hon'ble court.
4. dispense with the filling of English translation of vernacular documents
and
5. grant such other reliefs as this hon'ble court deems fit and proper in the circumstances of the case including the costs of the Writ Petition (Civil).”
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W. P. (C) No. 13562/2023
The Writ Petition is disposed of as above.
Sd/-
MOHAMMED NIAS C. P.,
JUDGE
MMG
W. P. (C) No. 13562/2023
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APPENDIX OF WP(C).NO.13562/2023
PETITIONER'S EXHIBITS:
EXHIBIT-P1 TRUE COPY OF THE ORDER NO.A6/10675/08 DATED 06.05.2008 OF THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, ERNAKULAM. EXHIBIT-P2 TRUE COPY OF THE ORDER NO.A2/15614/13/HSE DATED 10.12.13 OF THE REGIONAL DEPUTY DIRECTOR, HSE, ERNAKULAM EXHIBIT-P3 TRUE COPY OF THE ORDER NO.A4/4826/14/HSE DATED 10.07.2014 OF THE REGIONAL DEPUTY DIRECTOR, HSE, KOTTAYAM. EXHIBIT-P4 TRUE COPY OF THE ORDER NO.NIL DATED 21.08.2012 OF THE MANAGER. EXHIBIT-P5 TRUE COPY OF THE ORDER NO.TRO/6/5706/HSE/11 DATED 29.02.2012 OF THE REGIONAL DEPUTY DIRECTOR, THIRUVANANTHAPURAM. EXHIBIT-P6 TRUE COPY OF THE JUDGMENT DATED 17.11.2011 OF THIS HON'BLE COURT IN WP(C)NO.30682/2011-I EXHIBIT-P7 TRUE COPY OF G.O.(RT) NO.2478/2011/G.EDN DATED 30.06.2011. EXHIBIT-P8 TRUE COPY OF THE APPOINTMENT ORDER NO. NIL DATED 27.11.2012 OF THE MANAGER TO THE PETITIONER.
| EXHIBIT-P9 | TRUE COPY OF |
LETTER |
|---|---|---|
| NO.TRO/07/16324/HSE/2012 DATED | 03.01.2013 | |
| OF THE REGIONAL DEPUTY THIRUVANANTHAPURAM |
DIRECTOR, |
W. P. (C) No. 13562/2023
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| EXHIBIT-P10 | TRUE COPY OF THE APPOINTMENT ORDER DATED 03.06.2013 OF THE MANAGER PETITIONER. |
NO. NIL TO THE |
|---|---|---|
| EXHIBIT-P11 | TRUE COPY OF THE ORDER NO.A2/3184/ DATED 01.04.2013 OF THE REGIONAL DIRECTOR, ERNAKULAM. |
RDDE/12 DEPUTY |
| EXHIBIT-P12 | TRUE COPY OF THE GOVERNMENT NO.1484225/T2/2017/GEDN DATED 02.05. |
LETTER 2018. |
| EXHIBIT-P13 | TRUE COPY OF THE REPRESENTATION 23.09.2019 SUBMITTED BY THE PET BEFORE THE 1ST RESPONDENT |
DATED ITIONER |
| EXHIBIT-P14 | TRUE COPY OF THE EXPLANATION 30.12.2022 SUBMITTED BY THE MANAGER THE 3RD RESPONDENT |
DATED BEFORE |
| EXHIBIT-P15 | TRUE COPY OF GOVERNMENT NO.T2/91/2021/G.EDN DATED 02.06.2022 |
LETTER . |
| **RESPONDENTS' ** | EXHIBITS: | |
| **EXHIBIT R3(A) ** | TRUE COPY OF THE STAFF LIST FROM 02. TO 02.06.2013 OF CMS HIGHER SE SCHOOL,KOTTAYAM |
08.2012 CONDARY |
| **EXHIBIT R3(B) ** | TRUE COPY OF THE LETTER DATED 28. FROM CMS COLLEGE HIGHER SE SCHOOL,KOTTAYAM PRINCIPAL |
02.2017 CONDARY |
| ANNEXURE R1(a) |
TRUE COPY OF THE LETTER NO.A4/177/20 DATED 26-02-2024 |
23/GEDN |
SHEEBA T.J.
STATE OF KERALA
DIRECTOR OF GENERAL EDUCATION
REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, KOTTAYAM
REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, CORPORATION BUILDINGS
MANAGER, CMS SCHOOLS
MOHAMMED NIAS C.P.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
