V.C.Devi vs State Of Kerala
2021 Latest Caselaw 4101 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

    THURSDAY, THE 04TH DAY OF FEBRUARY 2021 / 15TH MAGHA,1942

                       WP(C).No.6697 OF 2020(J)


PETITIONER:

               V.C.DEVI,
               AGED 30 YEARS,
               UPPER PRIMARY SCHOOL TEACHER,
               VIVEKASAGARAM UPPER PRIMARY SCHOOL,
               VELLARAKKAD P.O., THRISSUR, PIN-680 584.

               BY ADVS.
               SRI.M.A.FAYAZ
               SMT.M.VISHNUPRIYA
               SMT.C.B.ABHINAVA

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL
               EDUCATION DEPARTMENT, SECRETARIAT,
               ANNEXURE-II, THIRUVANANTHAPURAM-695 001.

      2        DIRECTOR OF GENERAL EDUCATION
               JAGATHI, THIRUVANANTHAPURAM-695 014.

      3        DEPUTY DIRECTOR OF EDUCATION THRISSUR
               CIVIL STATION, AYANTHOL, THRISSUR-680 020.

      4        DISTRICT EDUCATIONAL OFFICER THRISSUR
               THRISSUR-680 506.

      5        ASSISTANT EDUCATIONAL OFFICER KUNNAMANGALAM
               KUNNAMKULAM-673 571.

      6        MANAGER
               VIVEKASAGARAM UPPER PRIMARY SCHOOL,
               VELLARAKKAD P.O., THRISSUR, PIN-680584.

             R1-5 BY GOVERNMENT PLEADER
             R6 BY ADV. SRI.M.MUHAMMED SHAFI
             SRI. P.M.MANOJ - SR.GP
     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD        ON
04.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.6697 OF 2020              2

                              JUDGMENT

Even though there are various assertions

and allegations in this writ petition, it

will not be necessary for me to go into it in

detail because, pending this lis, it is

conceded by both sides that the petitioner -

who is working as an Upper Primary School

Teacher in 'Vivekasagaram Upper Primary

School', Thrissur - has already been granted

orders of approval with effect from the date

of initial appointment; and obviously,

therefore, all that remains is the question

of payment of salary and other benefits to

her.

2. When this matter was considered by me

on 05/01/2021, the learned senior Government

Pleader, Shri.P.M.Manoj, submitted that

disbursement of salary to the petitioner is

in progress and it will be completed at the

earliest.

3. Shri.M.A.Fayaz, learned counsel for

the petitioner, however, submitted that even

as on today, his client has not been paid her

salary; and therefore, prayed that necessary

directions be issued to the respondents to do

so at the earliest.

In the afore circumstances, recording the

submission of learned Senior Government

Pleader, that the petitioner has already been

offered approval from her initial date of

appointment, I order this writ petition and

direct 4th and 5th respondents to ensure that

salary and other emoluments are disbursed to

the petitioner as early as is possible, but

not later than one month from the date of

receipt of a copy of this judgment.

Sd/-

DEVAN RAMACHANDRAN

JUDGE

MC/6.2.2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 PHOTOCOY OF THE APPOINTMENT ORDER ISSUED BY THE 6TH RESPONDENT DATED 4.7.2017.

EXHIBIT P2 PHOTOCOPY OF 5TH RESPONDENTS ORDER DATED 28.9.2017.

EXHIBIT P3 PHOTOCOPY OF THE PROCEEDINGS ISSUED BY THE 6TH RESPONDENT PROMOTING SMT. SHEELA P.K. AS HEAD MISTRESS W.E.F. 1.6.2018.

EXHIBIT P4 PHOTOCOPY OF THE 4TH RESPONDENTS ORDER NO.B1/9807/17/K.DIS DATED 16.10.2018.

EXHIBIT P5 PHOTOCOPY OF THE JUDGMENT IN WPC NO.28477/2019 DATED 25.10.2019.

EXHIBIT P6 PHOTOCOPY OF THE PROCEEDINGS ISSUED BY THE 2ND RESPONDENT DATED 13.1.2020.

EXHIBIT P7 PHOTOCOPY OF THE 5TH RESPONDENTS ORDER NO.B-2017/18/K.DIS DATED 14.12.2018.

EXHIBIT P8 PHOTOCOPY OF ORDER NO.B1/1823/2019/K.DIS DATED 19.6.2019.

EXHIBIT P9 PHOTOCOPY OF THE APPOINTMENT ORDER ISSUED BY THE 6TH RESPONDENT DATED 6.6.2019.

EXHIBIT P10 PHOTOCOPY OF THE INSPECTION REPORT OF THE 5TH RESPONDENT DATED 16.7.2019.

EXHIBIT P11 PHOTOCOPY OF THE STAFF FIXATION ORDER ISSUED BY THE 5TH RESPONDENT IN RESPECT OF VS UPS FOR THE ACADEMIC YEAR 2019-2020 DATED 16.7.2019.

EXHIBIT P12 PHOTOCOPY OF THE JUDGMENT IN WPC NO.23123/2019 DATED 27.8.2019.

EXHIBIT P13 PHOTOCOPY OF THE 3RD RESPONDENTS ORDER NO.B1/60185/2019 DATED 15.10.2019.

EXHIBIT P13(A) ENGLISH TRANSLATION OF EXHIBIT P13.

EXHIBIT P14 PHOTOCOPY OF THE K TET CERTIFICATE ISSUED IN RESPECT OF THE PETITIONER DATED 23.6.2019.

EXHIBIT P15 PHOTOCOPY OF ORDER NO.B-100247/2019/K.DIS DATED 26.10.2019 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P15A ENGLISH TRANSLATION OF EXHIBIT P15.

EXHIBIT P16 PHOTOCOPY OF THE REQUEST SUBMITTED BY THE 6TH RESPONDENT MANAGER TO DEPLOY A PROTECTED TEACHER DATED 6.6.2019.

EXHIBIT P16A ENGLISH TRANSLATION OF EXHIBIT P16.

EXHIBIT P17 PHOTOCOPY OF CIRCULAR NO.J2/57/2019/G.EDN DATED 8.3.2019.