Janani J.R vs The State Of Kerala
2021 Latest Caselaw 16281 Ker

           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. 13240 OF 2020
PETITIONER:
          JANANI J.R.
          HST HINDI GUHANANDAPURAM HIGHER SECONDARY SCHOOL,
          CHAVARA SOUTH, KOLLAM DISTRICT - 691 584 NOW WORKING
          AS CLUSTER RESOURCE COORDINATOR, SAMAGRA SHIKSHA
          KERALA BLOCK RESOURCES CENTRE, VAIKOM.

         BY ADV R.RAJASEKHARAN PILLAI


RESPONDENTS:
     1    THE STATE OF KERALA
          REPRESENTED BY THE SECRETARY GENERAL EDUCATION
          DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM -
          695001.

    2     THE DIRECTOR, GENERAL EDUCATION DEPARTMENT
          HIGHER SECONDARY WING, HOUSING BOARD BUILDING,
          SHANTI NAGAR, THIRUVANANTHAPURAM - 695 001.

    3     THE REGIONAL DEPUTY DIRECTOR
          HIGHER SECONDARY, 2ND FLOOR, HOUSING BOARD
          BUILDINGS, SANTHI NAGAR, THIRUVANANTHAPURAM - 695
          001.

    4     THE MANAGER, GUHANANDAPURAM HIGHER SECONDARY SCHOOL
          CHAVARA SOUTH, KOLLAM DISTRICT - 691584.

    5     THE DISTRICT EDUCATION OFFICER
          KOLLAM - 691 013.

    6     JESSY M.J.
          LOWER GRADE HINDI TEACHER, GUHANANDAPURAM HIGHER
          SECONDARY SCHOOL, CHAVARA SOUTH, KOLLAM DISTRICT -
          691 584.

         BY ADVS.
         GOVERNMENT PLEADER
         SRI.M.V.THAMBAN
         SRI.V.R.REJITHKUMAR
 WP(C) NO. 13240 OF 2020          2


            SRI.ARUN BOSE
            SMT.THARA THAMBAN
            SRI.B.BIPIN




            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. 13240 OF 2020                  3

                                  JUDGMENT

When this matter was called today, the

learned counsel for the petitioner,

Shri.R.Rajasekharan Pillai, submitted that prayer

No.1 has now become unnecessary of consideration

by this Court on its merits, because the

petitioner has been appointed as a High School

Teacher in Hindi (HST for short). He submitted

that, therefore, the only relief which is now been

pressed is for a direction to the 5th respondent to

sanction and disburse to the petitioner the

arrears of pay from 01.06.2010, as early as is

possible.

2. However, the learned Government Pleader,

Shri.V.Venugopal, submitted that the petitioner is

not entitled to any arrears of pay since, as is

evident from Ext.P2, she can, at the best, only

seek that her pay be refixed with effect from

23.10.2003 to 31.05.2010 on notional basis.

Taking note of the afore submissions, I

dispose of this writ petition, recording the

submission of the petitioner that she has been now

appointed as an HST Hindi; with a further

direction to the 5th respondent to ensure that all

eligible benefits to the petitioner - be that

arrears of pay or pay fixation as the case may be

- are made available to her within a period of

four months from the date of receipt of a copy of

this judgment.

For the afore purpose, I direct the Manager of

the School to forward the necessary papers to the

5th respondent - District Educational Officer

within a period of two weeks from the date of

receipt of a copy of this judgment.

The writ petition is thus ordered.

Sd/-

DEVAN RAMACHANDRAN JUDGE MC/12.8

The words and phrases "High School Teacher in Hindi (HST for Short) appearing in the 1st paragraph of the judgment dated 04.08.2021 in W.P(C)No.13240/2020 stand corrected as Higher Secondary School Teacher in Hindi (HSST for short) and the words "HST Hindi" appearing in the 3rd paragraph of the judgment shall stand corrected as "HSST Hindi" as per order dated 15.09.2021 in I.A.No.2/2021 in W.P(C)No.13240/2020.

Sd/-

JOINT REGISTRAR

APPENDIX OF WP(C) 13240/2020

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE COMMUNICATION DATED 5/7/2019 OF 1ST RESPONDENT TO THE 5TH RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE ORDER NO.B6/5198/2018/K.DIS. DATED 21/1/2020 OF THE 5TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 7/4/2020 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 15/4/2020 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 30/5/2020 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT.