Girijamony Amma R vs State Of Kerala And Others
2021 Latest Caselaw 4303 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                    PRESENT

                 THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

           FRIDAY, THE 05TH DAY OF FEBRUARY 2021 / 16TH MAGHA,1942

                           WP(C).No.29508 OF 2011(K)


PETITIONER:

                 GIRIJAMONY AMMA R.,
                 H.S.S.T. IN COMMERCE,
                 K.R.G.P HIGHER SECONDARY SCHOOL, ODANAVATTOM
                 P.O.,KOTTARAKKARA, KOLLAM.

                 BY ADVS.
                 SRI.SEBASTIAN PHILIP
                 SRI.K.S.SIVA KUMAR

RESPONDENTS:

       1         STATE OF KERALA AND OTHERS
                 SECRETARY TO GOVERNMENT, SECRETRIAT,
                 THIRUVANANTHAPURAM-695 001.

       2         DIRECTOR GENERAL EDUCATION DEPARTMENT
                 THIRUVANANTHAPURAM.695 001.

       3         REGIONAL DEPUTY DIRECTOR HIGHER
                 SECONDARY EDUCATION, 4TH FLOOR,, CORPORATE BUILDING,
                 PALAYAM, THIRUVANANTHAPURAM-695 001.


OTHER PRESENT:

                 SRI. P M MANOJ - SR GP

      THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05.02.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.29508 OF 2011(K)

                                      2




                              JUDGMENT

I notice that on 04.11.2011, an interim order had been

granted in this matter as under:

"Admit. Urgent notice.

There will be a stay as prayed for on Ext.P7.

In the light of the various orders produced, prima facie, I am satisfied that the petitioner is entitled for pay fixation and other benefits. It is made clear that the payment can be made but the same will be subject to the outcome of the writ petition. Since Special Leave petitions are pending, the petitioner will file an undertaking that in the event of the Special Leave Petitions being allowed in favour of the Government, the petitioner is prepared to refund the difference in the amounts. On that condition, the benefits will be disbursed continuously to the petitioner."

2. When this matter was called today, the learned

counsel for the petitioner and the learned Senior Government

Pleader are ad idem that Special Leave Petitions mentioned in

the afore extracted order have been dismissed and that

Government has issued an order bearing No.G.O.

(Ms)No.9/2014/G.Edn dated 08.04.2014 and therefore, that this

writ petition do not require any further orders. WP(C).No.29508 OF 2011(K)

In the afore circumstances, confirming the afore extracted

interim order, this writ petition is thus disposed of.

SD/-

                                          DEVAN RAMACHANDRAN

rp                                                  JUDGE
 WP(C).No.29508 OF 2011(K)






                       APPENDIX OF WP(C) 29508/2011

PETITIONER'S/S EXHIBITS:

EXHIBIT P1                 TRUE COPY OF THE GO (RT), NO. 2736/2002/G.EDN.
                           DATED 17.8.2002.

EXHIBIT P2                 TRUE COPY OF THE JUDGMENT DATED 9.7.2008 IN WPC
                           NO. 12421/2008.

EXHIBIT P3                 TRUE COPY OF THE JUDGMENT DATED 14.1.2009 IN W.A.
                           NO. 2226 OF 2008.

EXHIBIT P4                 TRUE COPY OF THE GOVERNMENT ORDER (MS), NO.

71/2010/G.EDN. DATED 14.5.2010.

EXHIBIT P5 TRUE COPY OF THE TRO/5/5064/HSE/2011 DATED 8.6.2011 OF THE 3RD RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE MEMO NO. ACD/B4/16425/HSE/2011 DATED 1.7.2011 ISSUED BY THE JOINT DIRECTOR (ACAD).

EXHIBIT P7 TRUE COPY OF THE ORDER ACD/13114/17/HSE DATED 6.6.2011 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE G.O. (MS) NO. 69/10/G.EDN. DATED 28.4.2011.

EXHIBIT P9 TRUE COPY OF THE S.R.O. NO. 918/2009 DATED 19.10.2009.

EXHIBIT P10 TRUE COPY OF THE INTERIM ORDER IN WPC NO.

18703/2011 DATED 11.7.2011.