Allowed

Smitha Mary George, v. State of Kerala

Kerala HC9 Apr 2024WP(C)/8754/2020

Case brief

AI extract

What is this about?

Teacher appointed as UPSA in 2009 sought approval of her appointment and service benefits; approval had been granted only from 2011 since her predecessor's promotion was approved late. After the DEO approved the predecessor's promotion from 01.06.2009, the court declared the petitioner's appointment approved with effect from 01.06.2009.

What did the court decide?

Declaration that petitioner's appointment as UPSA stands approved from 01.06.2009; respondents to grant service benefits including arrears accordingly.

Smitha Mary George, Vs State of Kerala — Education and Admissions | Kerala HC (2024)

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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 SATHISH NINAN TUESDAY, THE 9^TH DAY OF APRIL 2024 / 20TH CHAITHRA, 1946 WP(C) NO. 8754 OF 2020

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PETITIONER/S:

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SMITHA MARY GEORGE, AGED 39 YEARS D/O. N.C. GEORGE, NELLAKUNNEL HOUSE, ZILLA COURT WARD, THATHAMPALLY P.O., MULLACKAL VILLAGE, AMBALAPUZHA TALUK, ALAPPUZHA DISTRICT, NOW RESIDING AT VATTACKATTUSSERRY VALIAMATTOM HOUSE, VALAMANGALAM P.O., THURAVOOR VILLAGE, CHERTHALA TALUK, ALAPPUZHA688532. BY ADVS. B.PRAMOD SRI.P.V.MATHEW (POWANCHIRA)

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RESPONDENT/S:

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

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2 THE DIRECTOR OF PUBLIC INSTRUCTIONS, OFFICE OF DPI, JAGATHY, THIRUVANANTHAPURAM-685001.

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3 THE DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA-688001.

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4 THE DISTRICT EDUCATIONAL OFFICER, CHERTHALA, ALAPPUZHA-688524.

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5 THE CORPORATE MANAGER, THE CORPORATE MANAGEMENT OF SCHOOLS, ARCHDIOCESE OF ERNAKULAM, RENEWAL CENTRE, AZAD ROAD, KALOOR, KOCHI682017. BY ADV GOVERNMENT PLEADER

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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Sathish Ninan, J. ============================== W.P(C) No.8754 of 2020 ==============================

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Dated this the 9^th day of April, 2024

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JUDGMENT

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This writ petition is filed seeking the

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following reliefs:

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“ (I) Declare that the appointment of the petitioner deserves to be approved with effect from 01.06.2009, the date of her appointment and first joining the duty:

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(II) Issue a writ of mandamus or any other appropriate writ or order directing the respondents 1 to 4 to approve the appointment of the petitioner from the date of her appointment and sanction all service benefits including arrears of salary accordingly.”

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The petitioner was appointed as UPSA in

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St.Micheal's High School, Kavil, Cherthala on 01.06.2009. The appointment was made to a promotion

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WP(C) No.8754 of 2020

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-: 2 :-

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vacancy that arose consequent on the promotion of one Sri.Geovees.V. However, the appointment of the petitioner was approved only with effect from 06.12.2011. It is challenging the same that the petitioner has approached this Court.

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According to the respondents, the appointment of the petitioner was approved only with effect from 06.12.2011 for the reason that, the promotion of Sri. Geovees.V, in whose vacancy the petitioner was appointed, was approved only with effect from 06.12.2011.

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During the course of hearing, the learned counsel for the petitioner has handed over Order No.B4/45112/2023 dated 21.09.2023 of the District Educational Officer. Thereunder, the promotion of Sri.Geovees.V is approved with effect from 01.06.2009. The learned Government Pleader also asserts the correctness of the same. In the light

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WP(C) No.8754 of 2020

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-: 3 :-

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thereof, the appointment of the petitioner is also

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liable to be approved with effect from 01.06.2009.

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Accordingly, this writ petition is allowed. It is declared that the appointment of the petitioner as UPSA at the St.Micheal's High School, Kavil, Cherthala will stand approved with effect from 01.06.2009. Respondents to take steps for grant of service benefits accordingly.

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Sd/- Sathish Ninan, Judge

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SVP

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WP(C) No.8754 of 2020

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-: 4 :-

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APPENDIX OF WP(C) 8754/2020

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PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE LETTER NO.B43320/09/CO.VI DATED 25/11/2010 ISSUED BY THE 4TH RESPONDENT. EXHIBIT P2 TRUE COPY OF THE ORDER DATED 19/03/2010 BEARING NO. GO(P)NO.10/10/G.EDN. DATED 12/01/2010. EXHIBIT P3 TRUE COPY OF THE APPOINTMENT LETTER WITH THE APPROVAL ORDER DATED 13/01/2012. EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 12/02/2019IN WPC NO.26812/2014.

Smitha Mary George, v. State of Kerala

Case brief

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What did the court decide?

Smitha Mary George, v. State of Kerala

Case brief

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What did the court decide?

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