C.Saritha vs The State Of Kerala
2021 Latest Caselaw 4331 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.29915 OF 2012(L)


PETITIONER:

               C.SARITHA, AGED 33 YEARS
               W/O.C.V.KRISHNADAS,UPPER PRIMARY SCHOOL
               ASSISTANT,K.K.M.HIGHER SECONDARY SCHOOL
               (KALYANA KRISHNAIYER MEMORIAL)VANDITHAVALAM,
               PALAKKAD DISTRICT

               BY ADV. SRI.V.A.MUHAMMED

RESPONDENTS:

      1        THE STATE OF KERALA, REPRESENTED BY ITS
               SECRETARY TO GOVERNMENT,GENERAL EDUCATION
               DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM-695001.

      2        THE DIRECTOR OF PUBLIC INSTRUCTIONS
               JAGATHY,THIRUVANANTHAPURAM-695014.

      3        THE DEPUTY DIRECTOR OF EDUCATION
               PALAKKAD DISTRICT-678014.

      4        THE DISTRICT EDUCATIONAL OFFICER
               PALAKKAD DISTRICT-678014.

      5        THE MANAGER, K.K.M.HIGHER SECONDARY
               SCHOOL,VANDITHAVALAM,PALAKKAD DISTRICT-678534.

      6        SMT.J.S.BINDUJA, UPPER PRIMARY SCHOOL
               ASSISTANT,K.K.M.HIGHERSECONDARY
               SCHOOL,VANDITHAVALAM,PALAKKAD DISTRICT,
               PIN-678534.

      7        SMT.PRAJEESHA.V.NATH, UPPER PRIMARY SCHOOL
               ASSISTANT,K.K.M.HIGHER SECONDARY
               SCHOOL,VANDITHAVALAM,PALAKKAD DISTRICT,
               PIN-678534.
 WPC 29915/12
                                 2



               BY ADVS.
               SMT.ASHA CHERIAN
               DR.GEORGE ABRAHAM
               SRI.M.A.THOMAS KUTTY
               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:
 WPC 29915/12
                                      3



                                 JUDGMENT

The petitioner has approached this Court

seeking that Ext.P7 be quashed and that the 4 th

respondent be directed to disburse her salary,

pending finalisation of Ext.P6 Revision by the

1st respondent-State.

2. I notice that when this matter was

considered by this Court on 01.01.2013, the

following interim order had been issued:

                          Admit.    Issue    urgent     notice
                    returnable    in    10    days    to   the
                    respondents.

If as claimed by the petitioner her appointment as UPSA was approved with effect from 01.06.2011 by order dated 03.03.2012 passed by the District Educational Officer, Palakkad and the appointment of the 6th respondent also stands approved with effect from that date, I find no reason why payment of salary and allowances Should be denied to both of them. I accordingly direct respondents 1 to 5 to take steps to draw and disburse salary and allowances to the petitioner as well as the 6th respondent with effect from 01.06.2011. arrears of salary and allowances shall be drawn and disbursed to both of them expeditiously and in any event within an outer limit of three weeks from the date on which the petitioner produces a copy of this order before the fourth respondent. WPC 29915/12

Handover to the learned counsel for the petitioner today itself.

3. It is stated by the learned counsel

for the 7th respondent - Sri.Thomas Kutty, that

the interim order has been complied with and

that Ext.P6 Revision has been dismissed

through a Government Order dated 24.04.2013.

4. Obviously, therefore, nothing survives

in this Writ Petition since, if the petitioner

has any further grievance, she will have to

challenge the aforementioned order of the

Government appropriately.

In the afore circumstances, confirming the

interim order afore extracted, I dispose of

this Writ Petition, leaving liberty to the

petitioner to invoke and pursue all her

remedies, as she is advised, against the order

of the Government issued on Ext.P6 Revision,

if it is so warranted.

Sd/-

                                         DEVAN RAMACHANDRAN

      RR                                       JUDGE
 WPC 29915/12





                             APPENDIX
      PETITIONER'S/S EXHIBITS:

      EXHIBIT P1     TRUE COPY OF THE APPOINTMENT ORDER OF THE
                     PETITIONER DATED 2.6.2008

EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 1.6.2009.

EXHIBIT P3 TRUE COPY OF THE LIST OF UNAPPROVED TEACHERS DATED NIL.

EXHIBIT P4 TRUE COPY OF THE HEARING NOTE SUBMITTED BY THE PETITIONER DATED 23.08.2012. EXHIBIT P4(A)TRUE COPY OF THE HEARING NOTE SUBMITTED BY THE PETITIONER DATED 23.08.2012. EXHIBIT P5 TRUE COPY OF THE ORDER NO. K.DIS /EM(1)/52201/12/DPI DATED 17/09/2012 OF THE 2ND RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE REVISION PETITION SUBMITTED BEFORE THE 1ST RESPONDENT DATED 5/10/2012.

EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN WPC NO.25383 OF 2012 W DATED 30.10.2012.

EXHIBIT P8 TRUE COPY OF THE OBJECTION OF THE DISTRICT EDUCATIONAL OFFICER DATED NIL.