Kerala High Court
R.Rajasree vs State Of Kerala on 4 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
WP(C) NO. 16402 OF 2020
PETITIONER:
R.RAJASREE
AGED 48 YEARS
UPPER PRIMARY SCHOOL ASSISTANT,
AVENEESWARAM PADMANABHA PILLAI MEMORIAL VOCATIONAL
HIGHER SECONDARY SCHOOL,AVENEESWARAM.P.O,KUNNIKKODE,
KOLLAM DISTRICT.
BY ADVS.
K.JAJU BABU (SR.)
SMT.M.U.VIJAYALAKSHMI
SRI.BRIJESH MOHAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,GENERAL
EDUCATION DEPARTMENT,GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE DISTRICT EDUCATIONAL OFFICER,
PUNALUR,KOLLAM DISTRICT,
PIN-691305.
3 THE MANAGER,
AVANEESWARAM PADMANABHA PILLAI MEMORIAL VOCATIONAL
HIGHER SECONDARY SCHOOL,AVANEESWARAM.P.O,
KUNNNIKKODE,KOLLAM-691508.
4 THE HEADMISTRESS,
AVANEESWARAM PADMANABHA PILLAI MEMORIAL VOCATIONAL
HIGHER SECONDARY SCHOOL,AVANEESWARAM.P.O,
KUNNIKODE,KOLLAM-691508.
G.P V. VENUGOPAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 04.08.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 16402 OF 2020 2
JUDGMENT
The petitioner, who is working as an Upper
Primary School Teacher in the "Avaneeswaram
Padmanabha Pillai Memorial Vocational Higher
Secondary School" Kollam, has approached this Court
assailing Ext.P9 order of the 2nd respondent -
District Educational Officer (DEO for short),
alleging that the same has been issued in
contravention of Exts.P7 and P8 orders, whereby,
approval had been granted to her appointment for the
period between 01.09.2008 to 31.05.2011.
2. The petitioner, therefore, prays for a
direction to respondents 1 and 2 to sanction and
disburse all benefits due to her, including arrears
of salary, as per Exts.P7 and P8, within a time frame
to be fixed by this Court.
3. The learned Government Pleader,
Shri.V.Venugopal, responded to the submissions of the
petitioner, as made by her learned counsel
Shri.Brijesh Mohan, conceding that Ext.P9 appears to
contain incorrect dates; and thus prayed that,
therefore, this Court may direct the 2nd respondent -
DEO to act as per Ext.P8, since the petitioner is not
challenging the said proceedings.
4. In reply, Shri.Brijesh Mohan submitted that
the Manager of the School has already given the
proposal and affidavits in terms of the requirements
in Ext.P9 and that, as is evident from Ext.P11, he
had informed the 2nd respondent that it is another
teacher by name Shri.Anil Kumar who had been
retrenched with effect from 15.07.2008 and not the
petitioner. He submitted that, therefore, she is
entitled to all benefits based on her approval, as
ordered through Exts.P7 and P8, for the period from
01.09.2008 to 31.05.2011.
5. When I examine Exts.P8 and P11, I must say
that I find favour with the submissions of
Sri.Brijesh Mohan that his client is certainly
entitled - as per the provisions of the KER - to the
salary and allowances during the period between
01.09.2008 to 31.05.2011, since the said period has
been approved through Exts.P7 and P8. I, therefore,
find that the submissions of the learned Government
Pleader, that Ext.P9 inadvertently contains a
different date, is certainly possible.
Resultantly, I deem it appropriate to set aside
Ext.P9 and to direct the 2nd respondent to take all
action as is necessary, based on Exts.P7 and P8,
within a time frame.
In the afore circumstances, this Writ Petition
is allowed and Ext.P9 is set aside; with a
consequential direction to the 2nd respondent-DEO to
issue appropriate orders with respect to the pay and
allowances, and its arrears, due to the petitioner
during the period between 01.09.2008 to 31.05.2011,
strictly on the strength of Exts.P7 and P8 and
adverting to Ext.P11 letter of the Manager showing
that petitioner was never retrenched from 15.07.2008.
The afore exercise shall be completed by the
Manager as expeditiously as is possible and a
resultant order thereon shall be issued without any
delay, but not later than two months from the date of
receipt of a copy of this judgment.
Needless to say, all eligible benefits due to
the petitioner will be disbursed to him without any
avoidable delay, but within three months thereafter.
Sd/-
DEVAN RAMACHANDRAN,
JUDGE
MC/RR
APPENDIX OF WP(C) 16402/2020
PETITIONER EXHIBITS
EXHIBIT P1 COPY OF THE APPOINTMENT ORDER VIDE
NO.B3/3564/07/DIS DATED 20.11.2007 ISSUED
BY THE 3RD RESPONDENT IN FAVOUR OF THE
PETITIONER ALONG WITH APPROVAL.
EXHIBIT P2 COPY OF THE GOVERNMENT ORDER
GO(RT)NO.2101/2009.EDN.DATED 29.5.2009.
EXHIBIT P3 COPY OF THE JUDGMENT DATAED 30.9.2014 IN
W.P.(C)NO.15575/2013 OF THIS HON'BLE
COURT.
EXHIBIT P4 COPY OF THE APPOINTMENT ORDER DATED
01.06.2010 ALONG WITH APPROVAL VIDE ORDER
NO.4844/12.D.DIS DATED 26.11.2012.
EXHIBIT P5 COPY OF THE REPRESENTATION DATED
3.11.2018 SUBMITTED BY THE PETITIONER
BEFOREM THE 1ST RESPONDENT.
EXHIBIT P6 COPY OF THE JUDGMENT DATED 10.12.2018 IN
W.P(C)NO.40072 OF 2018 OF THIS HON'BLE
COURT.
EXHIBIT P7 COPY OF THE G.O.
(RT)NO.225/2019/G.EDN.DATED 10.6.2019
ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P8 COPY OF THE PROCEEDINGS
NO.B3/6105/2018/D.DIS DATED 24.8.2019
ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P9 COPY OF THE LETTER NO.B3/4555/2019/LDS
DATED 4.11.2019 ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER.
EXHIBIT P10 COPY OF THE COMMUNICATION NO.B3/4911/2019
DATED 9.12.2019 ISSUED BY THE 2ND
RESPONDENT TO THE 3RD RESPONDENT.
EXHIBIT P11 COPY OF THE REPL DATED 7.1.2020 ALONG
WITH AFFIDAVIT SUBMITTED BY THE 3RD
RESPONDENT BEFORE THE 2ND RESPONDENT.
EXHIBIT P12 COPY OF THE REPRESENTATON DATED 22.2.2020
SUBMITTED BY THE PETITIONER BEFORE THE
1ST RESPONDENT.
