Kerala High Court
Sumaja.P vs State Of Kerala on 2 August, 2021
WP(C) No.13590/2021 1/4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
Monday, the 2nd day of August 2021 / 11th Sravana, 1943
IA.NO.1/2021 IN WP(C) NO. 13590 OF 2021
PETITIONER/PETITIONER:
SUMAJA.P., W/O. DIVAKARAN NAIR,
AGED 60 YEARS, L.P.S.A, (RETIRED),
P.K.NAIR MEMORIAL JUNIOR BASIC SCHOOL,
KANNAMPARIYARAM, MANKARA P.O, PALAKKAD,
RESIDING AT SOWPARNIKAM, KANNAMPARIYARAM,
MANKARA P.O, PALAKKAD DISTRICT-678613
RESPONDENTS/RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, GENERAL EDUCATION (B) DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695 001
2. THE DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION, PALAKKAD,
PIN-678001
3. THE ASSISTANT EDUCATIONAL OFFICER, PARLI, PALAKKAD, PIN-678 612
4. THE MANAGER, P.K.NAIR MEMORIAL JUNIOR BASIC SCHOOL, KANNAMPARIYARAM,
MANKARA P.O, PALAKKAD, PIN-678 613
5. THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM,
PIN-695 014
Application praying that in the circumstances stated in the
affidavit filed therewith the High Court be pleased to clarify judgement
dated July 8, 2021 in this Writ Petition to the effect that the
petitioner's appointment stands already approved and by exhibit P8 order
the second respondent rejected the request of the petitioner for arrears
of salary and service benefits for the period from July 4, 1996 to June
1,2016.
This Application coming on for orders upon perusing the application
and the affidavit filed in support thereof, and this Court's judgment
dated 08.07.2021 and upon hearing the arguments of M/S.JACOB SEBASTIAN
& K.V.WINSTON, Advocates for the petitioner in I.A./WP(C), and of
GOVERNMENT PLEADER for Respondents 1 to 3 and 5 in I.A/WP(C)the court
passed the following:
WP(C) No.13590/2021 2/4
APPENDIX OF WP(C) 13590/2021
Exhibit P8 A TRUE COPY OF THE ORDER DATED 29.04.2021 ISSUED BY THE
SECOND RESPONDENT.
Exhibit P9 A TRUE COPY OF THE MEMORANDUM OF REVISION DATED
02.07.2021 FILED BY THE PETITIONER BEFORE THE FIRST
RESPONDENT AGAINST EXHIBIT P8.
WP(C) No.13590/2021 3/4
ANU SIVARAMAN, J.
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I.A. No.1 of 2021
in
W.P.(C) No.13590 of 2021
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Dated this the 2nd day of August, 2021
ORDER
This clarification petition is filed seeking the following
reliefs :-
"For the reasons stated in the accompanying affidavit, it is
humbly prayed that this Hon'ble Court may be pleased to clarify
judgment dated July 8, 2021 in this Writ petition to the effect
that the petitioner's appointment stands already approved and
by exhibit P8 order the second respondent rejected the request
of the petitioner for arrears of salary and service benefits for the
period from July 4, 1996 to June 1, 2016.
2. Heard the learned counsel for the petitioner and the
learned Government Pleader.
3. I notice that in the judgment it has been stated that
Ext.P9 revision is filed against Ext.P8 order of the 2 nd respondent
rejecting the appeal preferred by the petitioner and seeking
approval of appointment. However, by Ext.P8 order, the 2 nd
respondent had approved the petitioner's appointment from June 5,
1995 to July 14, 1996, but rejected the claim for arrears of salary.
It was against the finding in Ext.P8 that the petitioner is not
WP(C) No.13590/2021 4/4
I.A. No.1 of 2021 in
W.P.(C) No.13590 of 2021
eligible for any arrears for the period from 15.7.1996 to 31.5.2016
that Ext.P9 revision had been preferred by the petitioner before the
Government.
In the above view of the matter, I am of the opinion that
the statement in paragraph 3 of the judgment is a mistake. The
clarification petition is, therefore, allowed. The respondents are
directed to take up Ext.P9 revision petition preferred against Ext.P8
order rejecting the claim of the petitioner for arrears of salary and to
pass orders thereon. The time is extended by three months from
today. It is made clear that this Court has expressed no views on the
merits of the claim raised by the petitioner.
The I.A. is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
Jvt/2.8.2021
02-08-2021 /True Copy/ Assistant Registrar
