Anitha.K vs State Of Kerala
2021 Latest Caselaw 16918 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
                        WP(C) NO. 16604 OF 2021
PETITIONER:

          ANITHA.K.,
          AGED 53 YEARS, W/O. RADHAKRISHNAN K.,
          HIGH SCHOOL TEACHER (PHYSICAL SCIENCE),
          MOOTHEDATH HIGHER SECONDARY SCHOOL TALIPARAMBA,
          TALIPARAMBA P.O. KANNUR DISTRICT, 670 141,
          RESIDING AT SOPANAM, PUZHAKULANGARA, TALIPARAMBA P.O.
          KANNUR, DISTRICT 670 141.

          BY ADV MURALI PALLATH


RESPONDENTS:

    1     STATE OF KERALA,
          REPRESENTED BY THE SECRETARY TO GOVT., GENERAL
          EDUCATION DEPARTMENT, GOVT. SECRETARIAT (ANNEXE II),
          THIRUVANANTHAPURAM 695 014.

    2     THE DIRECTOR OF GENERAL EDUCATION,
          JAGATHY, THYCAUD P.O. THIRUVANANTHAPURAM 695 014.

    3     THE DEPUTY DIRECTOR OF EDUCATION KANNUR,
          THANA P.O. KANNUR DISTRICT 670 002.

    4     THE DISTRICT EDUCATIONAL OFFICER,
          TALIPARAMBA, MINI CIVIL STATION, TALIPARAMBA,
          KANNUR DISTRICT 670 141.

    5     THE MANAGER,
          MOOTHEDATH HIGHER SECONDARY SCHOOL TALIPARAMBA,
          TALIPARAMBA P.O. KANNUR DISTRICT 670141.

          SMT. PARVATHY KOTTOL-G.P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16604 OF 2021

                                          2




                                  JUDGMENT

This writ petition is filed seeking the following prayers:

"(i) issue a writ of certiorari calling for records leading to Ext.P6 and set aside the same to the extent to which it directs to treat the period worked as Cluster Co-Ordinator as non duty

(ii) orders declaring that the petitioner is entitled for pay protection in the scale of HSA as on 29.01.2016 at the rate she had drawn in the scale of HSA on 15.07.2006 and also entitled for the corresponding revised pay of the same on 29.01.2016.

(iii) orders declaring that the petitioner is entitled to get the period from 23.06.2012 to 28.01.2016 treated as duty for pension (Statutory Pension, Part III KSR).

(iv) issue a writ of mandamus commanding the 1st Respondent to consider and pass appropriate orders on Ext.P12 within a time limit as fixed by this Hon'ble Court after affording an opportunity for hearing to the petitioner."

2. Heard the learned counsel for the petitioner and the learned

Government Pleader.

3. It is submitted by the learned counsel for the petitioner that

against the denial of pay protection to the petitioner in the post of HSA,

the petitioner has approached the Government with Ext.P12 revision

petition and seeks a consideration thereof.

4. Having heard the learned Government Pleader also, I am of the WP(C) NO. 16604 OF 2021

opinion that since the only prayer pressed in the writ petition at the

time of hearing is for a consideration of Ext.P12 revision petition, this

writ petition can be disposed of directing a consideration of the same,

which is a statutory revision. There will, accordingly, be a direction to

the 1st respondent to take up, consider and pass orders on Ext.P12

revision petition preferred by the petitioner, with notice to the

petitioner as well as the manager and after hearing them, through any

appropriate means, including video conferencing, within a period of

three months from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 16604 OF 2021

APPENDIX OF WP(C) 16604/2021

PETITIONER'S/S EXHIBITS:

Exhibit P1 TRUE COPY OF APPOINTMENT ORDER DATED 07.09.1999 ISSUED BY THE 5TH RESPONDENT.

Exhibit P2 TRUE COPY OF ORDER NO. B2-4999/06 DATED 14.08.2010 RELEVANT PAGE OF APPENDIX, ISSUED BY THE DISTRICT EDUCATIONAL OFFICER, KANNUR.

Exhibit P3 TRUE COPY OF G.O.(P0 NO. 29/2016/G.EDN. DATED 29.01.2016.

Exhibit P4 TRUE COPY ORDER NO. B4/10749/11 DATED 14.06.2016 ISSUED ON BEHALF OF THE 3RD RESPONDENT.

Exhibit P5 TRUE COPY OF APPOINTMENT ORDER DATED 01.06.2017.

Exhibit P6 TRUE COPY OF G.O. (MS0 NO. 119/2018/G.EDN.

DATED 23.08.2018.

Exhibit P7 TRUE COPY OF REPRESENTATION DATED 19.08.2020 SUBMITTED BY THE PETITIONER.

Exhibit P8 TRUE COPY OF LETTER DATED 23.09.2020 ISSUED BY THE 4TH RESPONDENT.

Exhibit P9 TRUE COPY OF THE COVERING LETTER OF THE HEADMASTER OF MOOTHEDATH HSS.

Exhibit P10 TRUE COPY OF ENDORSEMENT OF THE 3RD RESPONDENT DATED 13.11.2020.

Exhibit P11 TRUE COPY OF GO(RT) NO. 2782/2021/GE.DN.

DATED 14.05.2021.

Exhibit P12 TRUE COPY OF REVISION PETITION DATED 03.08.2021 SUBMITTED BY THE PETITIONER BEFORE TH IST RESPONDENT.

RESPONDENT'S/S EXHIBITS: NIL