Rincy V.Kuriakose vs State Of Kerala
2021 Latest Caselaw 24047 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     TUESDAY, THE 28TH DAY OF DECEMBER 2021 / 7TH POUSHA, 1943
                       WP(C) NO. 30789 OF 2021
PETITIONER:

          RINCY V.KURIAKOSE
          AGED 44 YEARS
          WIFE OF DENNY V ABRAHAM,
          HIGHER SECONDARY SCHOOL TEACHER JUNIOR (COMMERCE),
          MAR DIONYSIUS SEMINARY HIGHER SECONDARY SCHOOL,
          KOTTAYAM-686001.
          BY ADVS.
          V.A.MUHAMMED
          M.SAJJAD
RESPONDENTS:
    1     THE STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
          THIRUVANANTHAPURAM-695001.
    2     THE DIRECTOR OF GENERAL EDUCATION,
          (HIGHER SECONDARY WING), HOUSING BOARD BUILDINGS,
          SANTHI NAGAR,
          THIRUVANANTHAPURAM-695001.
    3     THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
          EDUCATION
          VAYASKARAKUNNU, KOTTAYAM-686001.
    4     THE MANAGER,
          MAR DIONYSIUS SEMINARY HIGHER SECONDARY SCHOOL,
          KOTTAYAM-686001.
    5     THE PRINCIPAL,
          MAR DIONYSIOUS SEMINARY HIGHER SECONDARY SCHOOL,
          KOTTAYAM-686001.
OTHER PRESENT:
          GP-SMT.PARVATHY K.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
28.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                      2
W.P.(C)No.30789 of 2021




                              JUDGMENT

By Exts.P10, P12 and P13 orders the petitioner has been

directed to refund the increments which was granted to the

petitioner. Aggrieved by the same, the petitioner has preferred

Ext.P15 revision petition before the Government. The prayer of

the petitioner is for a direction to the 1 st respondent to consider

Ext.P15 revision petition within a time frame, after hearing the

petitioner.

2. Heard the learned counsel for the petitioner and the

learned Government Pleader for the respondents.

In the facts and circumstances of the case, there will be a

direction to the 1st respondent to consider and pass orders on

Ext.P15 revision petition in accordance with law, after hearing

the petitioner, either physically or virtually, within a period of

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

judgment. The petitioner shall produce a copy of the writ

petition with exhibits before the 1 st respondent along with the

W.P.(C)No.30789 of 2021

certified copy of the judgment.

Till orders are passed as above, all proceedings for recovery

pursuant to Exts.P10, P12 and P13 shall be kept in abeyance.

The writ petition is disposed of accordingly.

Sd/-

MURALI PURUSHOTHAMAN JUDGE ska

W.P.(C)No.30789 of 2021

APPENDIX OF WP(C) 30789/2021

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER NO.TRO/7/8566/06 HSE DATED 24.11.2006 OF THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM Exhibit P2 TRUE COPY OF THE RELEVANT PAGE OF SERVICE BOOK OF THE PETITIONER Exhibit P3 TRUE COPY OF THE ORDER NO.TRO/7/8068/11/HSE DATED 13.07.2011 OF THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM Exhibit P4 TRUE COPY OF THE FIXATION OF PAY OF THE PETITIONER DATED 7.10.2014 Exhibit P5 TRUE COY OF THE STATEMENT OF FIXATION OF PAY IN THE REVISED SCALE OF THE PETITIONER DATED 17.03.2016 Exhibit P6 TRUE COPY OF THE ORDER NO.ADD.B4/50707/2016/HSE DATED 28.12.2016 OF THE DIRECTOR OF THE HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM Exhibit P7 TRUE COPY OF THE ORDER NO.ADD/B4/53353/2016/HSE DATED 24.01.2017 OF THE OF THE DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM Exhibit P8 TRUE COPY OF THE G/O.(RT)NO.2281/2017/GEDN DATED 11.07.2017 Exhibit P9 TRUE COPY OF THE G.O.(RT)NO.342/2018/GEDN DATED 19.01.2018

W.P.(C)No.30789 of 2021

Exhibit P10 TRUE COPY OF THE ORDER NO.B5/2279/2021/RDD/HSE/KOTTAYAM DATED 12.10.2021 Exhibit P11 TRUE COPY OF THE DECISION REPORTED IN 2017(3) KHC 429 DATED 19.06.2017 Exhibit P12 TRUE COPY OF THE ORDER NO.B3/1600/2021/RDD/HSE/KOTTAYAM(4) DATED 02.12.2021 OF THE RDD HSE, KOTTAYAM Exhibit P13 TRUE COPY OF THE LETTER NO.B3/1600/2021/RDD/HSE/KOTTAYAM (2)DATED 02.12.2021 OF THE RDD HSE, KOTTAYAM ADDRESSING THE PRINCIPAL, MD SEMINARY HSSS, KOTTAYAM Exhibit P14 TRUE COPY OF THE GOVERNMENT LETTER NO.86/T12019/G.EDN.DATED 14.06.2019 Exhibit P15 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 17.12.2021 (WITHOUT EXHIBITS) Exhibit P16 TRUE COPY OF THE G.O(MS.)NO.62/73/S.EDN.DATED 02.05.1973 Exhibit P17 TRUE COPY OF THE G.O.(RT)NO.2615/2020/G.EDN DATED 17.09.2020 Exhibit P18 TRUE COPIES OF THE JUDGMENT IN W.P.

(C)NO.29289/2021 DATED 17.12.2021 Exhibit P19 TRUE COPY OF THE JUDGMENT IN W.P(C)NO.28949/2021 DATED 15.12.2021.