Smt.Mary Sonia X vs State Of Kerala
2021 Latest Caselaw 4613 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942

                      WP(C).No.3287 OF 2021(I)

PETITIONER:
              SMT.MARY SONIA X.
              AGED 38 YEARS
              W/O. XAVIOUR ALEX, HST (NATURAL SCIENCE)
              ST. ANTONY'S HIGHER SECONDARY SCHOOL, VALIATHURA,
              THIRUVANANTHAPURAM, RESIDING AT TC 34/1590(1),
              KOCHUTHOPE, VALIATHURA P. O., THIRUVANANTHAPURAM -
              695008.

              BY ADVS.
              SRI.P.RAVEENDRAN
              SRI.B.BIPIN

RESPONDENTS:
       1     STATE OF KERALA
             REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
             DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT
             SECRETARIAT, THIRUVANANTHAPURAM - 695 001.

      2       THE DIRECTOR GENERAL EDUCATION
              JAGATHY, THIRUVANANTHAPURAM - 695 014.

      3       THE DISTRICT EDUCATION OFFICER
              THIRUVANANTHAPURAM SOUTH - 695 001.

      4       THE MANAGER
              ST. ANTONY'S HIGHER SECONDARY SCHOOL, VALIATHURA,
              THIRUVANANTHAPURAM - 695 008.

      5       THE HEAD MASTER
              ST. ANTONY'S HIGHER SECONDARY SCHOOL, VALIATHURA,
              THIRUVANANTHAPURAM - 695 008.

      6       SMT.MARYHILDA
              RETIRED HST, PHILIP NIVAS, TC - 87/739(1),
              KOCHUTHOPE, VALLAKKADAV P. O., THIRUVANANTHAPURAM -
              695 008.

OTHER PRESENT:

              SR GP NISHA BOSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3287 OF 2021

                                     2

                              JUDGMENT

Dated this the 9th day of February 2021

This writ petition is filed seeking the following prayers:-

"(i). To issue a writ of certiorari or any other appropriate writ, order or direction calling for records leading to Exhibit P8 and to quash Exhibit P6 and P8 to the extend it is not granting service benefits to the petitioner.

(ii) To issue a declaration to the effect that the petitioner is entitled to revision of pay and other service benefits including the higher grade already granted earlier as she is counting her service from 04.07.2002, the date of her initial appointment .

(iii) To issue a writ of mandamus or any other appropriate writ or direction directing the first and third respondents to issue appropriate orders granting all service benefits to the applicant in terms with Exhibit P5 judgment of this Hon'ble Court, including the higher grades and other service benefits reckoning the service of the petitioner w.e.f 04.07.2002 onwards and to disburse the consequential benefits/arrears without any further delay."

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 the petitioner had approved service as HST

(Natural Science). She was initially appointed on 04.07.2002

in a leave vacancy. It is stated that her service was WP(C).No.3287 OF 2021

terminated on 31.03.2012 and she was reappointed on

14.04.2012. The petitioner had preferred W.P.(C)

No.33892/2015 seeking approval of her appointment and by

Ext.P5 judgment it was directed that the period from

01.04.2012 to 13.06.2012 should be approved in the leave

vacancy of Smt.Mary Hilda. It was specified that the

petitioner need not be given salary for the period in the

absence of Smt.Mary Hilda in the party array. However, all

notional service benefits and continuity in service were

directed to be given. On the strength of the above

declaration, the petitioner claims that she is entitled to treat

the period from 01.04.2012 to 13.06.2012 as approved

service for all purposes except for the payment of salary.

However, by Ext.P8, an objection has been raised stating

that the said period cannot be treated as duty. The

petitioner has preferred Ext.P9 revision petition before the

Government seeking the counting of the period from

01.04.2012 to 13.06.2012 as duty for all purposes and for

fixation of her pay accordingly.

WP(C).No.3287 OF 2021

4. Having heard the learned counsel for the

petitioner as well as the learned Government Pleader, I find

that Ext.P5 specifically directs the Manager to send up a

proposal for approval of appointment of the petitioner from

01.04.2012 to 13.06.2012 in the leave vacancy of Smt.Mary

Hilda. It was specifically found in Ext.P5 that the said period

is to be treated as notional service for all benefits including

continuity in service, however without salary. It is clear that

the said period is liable to be counted as service for all

purposes except for the payment of salary.

5. In the above view of the matter, I am of the

opinion that the objection raised in Ext.P8 is unsustainable.

However, since the petitioner has preferred Ext.P9 revision

petition, the Government shall pass appropriate orders on

Ext.P9 taking note of the declaration contained in Ext.P5

judgment that the period from 01.04.2012 to 13.06.2012 is

liable to be treated as notional service for continuity in

service. Orders shall be passed by the Government within a

period of two months from the date of receipt of a copy of WP(C).No.3287 OF 2021

this judgment and the resultant benefits shall be granted to

the petitioner within a period of two months thereafter.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE Bng/09.02.20201 WP(C).No.3287 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE APPOINTMENT ORDER APPROVED BY THE THIRD RESPONDENT DATED NIL.

EXHIBIT P2 A TRUE COPY OF THE ORDER NO.B5/4372/2012 DATED 22.09.2012 BY THE THIRD RESPONDENT ACCEPTING THE RESIGNATION OF SMT. MARY HILDA.

EXHIBIT P3 A TRUE COPY OF THE APPOINTMENT ORDER BY THE FOURTH RESPONDENT DATED 14.06.12 APPROVED BY THE THIRD RESPONDENT.

EXHIBIT P4 A TRUE COPY OF THE ORDER GO(RT) NO.1116/2015 G.EDN. DATED 23.01.2015 BY THE FIRST RESPONDENT.

EXHIBIT P5 A TRUE COPY OF THE JUDGMENT IN WP(C) 33892 OF 2015 DATED 31.07.2015 BY THIS HON'BLE COURT.

EXHIBIT P6 A TRUE COPY OF THE ORDER NO.B5/2503/16/D.DIS DATED 22.10.18 BY THE THIRD RESPONDENT.

EXHIBIT P7 A TRUE COPY OF THE APPLICATION NO.239/2018-19 DATED 13.12.2018 SUBMITTED BY THE FIFTH RESPONDENT TO THE THIRD RESPONDENT.

EXHIBIT P8 A TRUE COPY OF THE ORDER NO.B5/10734/18/D.DIS DATED 17.12.18 OF THE THIRD RESPONDENT.

EXHIBIT P9 A TRUE COPY OF THE REVISION PETITION FILED BEFORE THE FIRST RESPONDENT DATED 03.01.19.