WP(C) NO. 22080 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 7TH DAY OF JULY 2022 / 16TH ASHADHA, 1944
WP(C) NO. 22080 OF 2022
PETITIONERS:
1 HARIKUMAR N.K,
AGED 49 YEARS
S/O. KARUNAKARAN ACHARI,
DRAWING TEACHER,
S.V.V.H.S.S., THAMARAKUDY,
KOTTARAKKARA, KOLLAM DISTRICT,
RESIDING AT NIRMALA BHAVAN, THAMARAKUDY,
KOTTARAKKARA, KOLLAM DISTRICT, PIN-691 001.
2 MOHAN LAL B.,
AGED 57 YRS., S/O. BALAKRISHNA PILLAI, MUSIC
TEACHER (RETIRED ON 31-05-2021), R.V.V.H.S.S.,
VALAKAM, KOTTARAKKARA, KOLLAM DISTRICT,
RESIDING AT POORNASREE, KUDAVATTOOR P.O.,
ODANAVATTAM, KOTTARAKKARA,
KOLLAM DISTRICT, PIN - 691 512.
3 P. KOMALA,
AGED 54 YRS., W/O. KAMALASANAN P.R., SEWING
TEACHER, L.P.G.S., VELIYAM, KOTTARAKKARA, KOLLAM
DISTRICT, PIN - 691 540, RESIDING AT KAVYALAYAM,
PUNNAKKOD, POOYAPALLY P.O., KOLLAM DISTRICT, PIN -
691 537.
4 VIJAYA LAKSHMI G.,
AGED 58 YRS., W/O. MADHUSUDHANAN PILLAI, SEWING
TEACHER (RETIRED ON 31-05-2019), KUDAVATTOOR
L.P.S., KUDAVATTOOR P.O., KOLLAM DISTRICT, PIN -
691 512, RESIDING AT HARISREE BHAVAN, MUTTARKAVU,
NEDUMPANA P.O., KOLLAM DISTRICT, PIN- 691 576
5 PODIYAMMA C.,
AGED 61 YRS., W/O. M.V. SUNIL, SEWING TEACHER
(RETIRED ON 31-05-2016), S.C.D. U.P. SCHOOL,
KOTTANKARA, MEKKON, CHANDANATHOPPU P.O.,
KOTTARAKKARA, KOLLAM DISTRICT, PIN - 691 014,
RESIDING AT MAVILAZHIKOM ASWATHI BHAVAN, ALUMMOODU
P.O., KOLLAM DISTRICT, PIN - 691 577.
WP(C) NO. 22080 OF 2022 2
6 JAYAN M.,
AGED 54 YRS., S/O. KUTTIKRISHNAN NAIR, CRAFT
TEACHER, PUNATH, NELLISSERY AIDED UPPER PRIMARY
SCHOOL, PUNATH P.O., NADUVANNUR VIA., KOZHIKODE
DISTRICT, PIN - 673 614, RESIDING AT JAYA NIVAS,
PUNATH P.O., KOZHIKODE DISTRICT, PIN-673 614.
BY ADV PAULSON THOMAS
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA,
JAGATHY, THIRUVANANTHAPURAM, PIN - 695 005.
3 DEO, KOTTARAKKARA,
OFFICE OF THE DEO, KOTTARAKKARA, KOLLAM DISTRICT,
PIN - 691 506.
4 ASSISTANT EDUCATIONAL OFFICER,
VELIYAM, OFFICE OF THE AEO, VELIYAM P.O., KOLLAM
DISTRICT, PIN - 691 540.
5 ASSISTANT EDUCATIONAL OFFICER,
KUNDARA, OFFICE OF THE AEO, KUNDARA, KOLLAM
DISTRICT, PIN 691 501.
6 ASSISTANT EDUCATIONAL OFFICER,
PERAMBRA, OFFICE OF THE AEO, PERAMBRA, KOZHIKODE
DISTRICT, PIN - 673 525.
SMT NISHA BOSE, SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 22080 OF 2022 3
JUDGMENT
The petitioners are before this Court complaining that their service prior to inclusion in the teachers' package has not been regularised. According to them, the said period has to be reckoned for all service benefits notionally including pension. They contend that by raising all their grievances, they have preferred Ext.P7 representation before the Government which is stated to be pending. It is in the afore circumstances that the petitioners have approached this Court seeking direction to the 1st respondent to consider Ext.P7 and take a decision expeditiously.
2. Heard Sri.Paulson Thomas, the learned counsel appearing for the petitioners and Smt.Nisha Bose, the learned Senior Government Pleader.
3. After having carefully evaluated the contentions raised in this writ petition, the submissions made across the bar and the facts and circumstances, I am of the view that this writ petition can be disposed of at the admission stage itself by issuing the following directions:
a) There will be a direction to the 1st respondent to take up, consider and pass appropriate orders on Ext.P7, after affording an opportunity of being heard, either physically or virtually, to the petitioners herein or their authorised representative. WP(C) NO. 22080 OF 2022 4
b) Orders, as directed above, shall be passed expeditiously, in any event, within a period of three months from the date of production of a copy of this judgment.
c) It would be open to the petitioners to produce a copy of the writ petition along with the judgment before the concerned respondent for further action.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE IAP WP(C) NO. 22080 OF 2022 5 APPENDIX OF WP(C) 22080/2022 PETITIONERS' EXHIBITS:
Exhibit P1 TRUE COPY OF G.O.(P)NO. 199/2011/G.EDN. DATED 01-10-2011.
Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER OF THE 1ST PETITIONER DATED 01-06-1998.
Exhibit P3 TRUE COPY OF G.O.(P)NO. 116/2012/G.EDN. DATED 12-04-2012 ALONG WITH THE RELEVANT PART OF ANNEXURE.
Exhibit P4 TRUE COPY OF THE APPROVED APPOINTMENT ORDER OF THE 2ND PETITIONER DATED 03-06-1999.
Exhibit P5 TRUE COPY OF G.O.(RT.) NO. 3495/2019/ G.EDN.
DATED 02-09-2019.
Exhibit P6 TRUE COPY OF THE COMMUNICATION SEEKING REPORT FROM THE DPI, DATED 01-02-2021 WITH NO. GEDN R3/60/2021/GEDN.
Exhibit P7 TRUE COPY OF THE REPRESENTATION OF THE PETITIONERS DATED 10-05-2022 SUBMITTED BEFORE THE 1ST RESPONDENT.
RESPONDENTS' EXHIBITS:
NIL