Citation : 2021 Latest Caselaw 17183 Ker
Judgement Date : 13 August, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 13TH DAY OF AUGUST 2021 / 22ND SRAVANA, 1943
WP(C) NO. 16912 OF 2021
PETITIONER:
JEENA V.V.,
AGED 32 YEARS, W/O.MADHU.K.K.,
LOWER PRIMARY SCHOOL TEACHR, S.V.U.P. SCHOOL KARIPPAL,
KARIPPAL P.O., CHAPPARAPPADAV VIA,
KANNUR DISTRICT, PIN-670 581,
RESIDING AT GOKULAM HOUSE, THIMIRI P.O., MOWATHANI,
CHAPPARAPPADAV VIA, KANNUR DISTRICT, PIN-670 581.
BY ADV MURALI PALLATH
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT
(ANNEX II), THIRUVANANTHAPURAM, PIN-695 0 .
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THYCAUD P.O., THIRUVANANTHAPURAM, PIN-695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
KANNUR, KANNUR DISTRICT, PIN-670 002.
4 THE DISTRICT EDUCATIONAL OFFICER,
TALIPARAMBA, MINI CIVIL STATION, TALIPARAMBA,
KANNUR DISTRICT, PIN-670 141.
5 THE ASST. EDUCATIONAL OFFICER,
TALIPARAMBA NORTH, KANNUR DISTSRICT, PIN-670 141.
6 THE MANAGER,
S.V.U.P. SCHOOL, KARIPPAL, KARIPPAL P.O.,
CHAPPARAPPADAV VIA, KANNUR DISTRICT, PIN-670 581.
SMT. PARVATHY KOTTOL, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 16912 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.P7 and set aside para 4(2) of Ext.P7 order to the extent to which it stipulates that the back arrears will be notional and set aside Ext.P9 to the extent to which it restricts the approval from 15.10.2019 to 05.02.2021 as notional.
(ii) issue orders declaring that the petitioner is entitled for arrears of salary for the period from 15.10.2019 to 05.02.2021.
(iii) issue a writ of mandamus or commanding the 1 st respondent to consider and pass appropriate orders on Ext.P10 revision petition within a time limit as fixed by this Hon'ble Court."
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
though challenge has been raised against Clause 4(2) of Ext.P7 order, the
petitioner will be satisfied with a direction to the 1 st respondent to take a
decision on Ext.P10 revision petition.
4. In view of the above request made by the learned counsel for the
petitioner, this writ petition is disposed of with a direction to the 1 st
respondent to take up, consider and pass orders on Ext.P10 revision WP(C) NO. 16912 OF 2021
petition preferred by the petitioner, with notice to the petitioner as well
as the 6th respondent and after hearing them, through any appropriate
means, including video conferencing, within a period of four 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. 16912 OF 2021
APPENDIX OF WP(C) 16912/2021
PETITIONER'S/S EXHIBITS:
Exhibit P1 TRUE COPY OF APPOINTMENT ORDER DATED 15.10.2019.
Exhibit P2 TRUE COPY OF ORDER NO.B5/2256/20/K.DIS DATED 10.02.2020.
Exhibit P3 TRUE COPY OF ORDER NO.C/16965/2019 DATED 12.10.2020.
Exhibit P4 TRUE COPY OF ORDER NO.B4/193098/2020 DATED 15.11.2020.
Exhibit P5 TRUE COPY OF REVISION PETITION DATED 08.01.2021 SUBMITTED BY THE PETITIONER.
Exhibit P6 TRUE COPY OF JUDGMENT DATED 14.01.2021 OF THE HON'BLE HIGH COURT OF KERALA IN WPC NO.949 OF 2021.
Exhibit P7 TRUE COPY OF GO(P) NO.4/2021/G.EDN DATED 06.02.2021.
Exhibit P8 TRUE COPY OF ORDER NO.G(5)/222977/2021/ D.G.E./K.DIS DATED 26.02.2021.
Exhibit P9 TRUE COPY OF ORDER NO.C/9747/2021 DATED 31.03.2021 ISSUED BY THE 5TH RESPONDENT.
Exhibit P10 TRUE COPY OF REVISION DATED 04.08.2021 SUBMITTED BY THE PETITIONER.
RESPONDENT'S/S EXHIBITS: NIL
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