Sasikala P vs The Assistant Educational ...
2021 Latest Caselaw 4657 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                               PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

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

                      WP(C).No.23088 OF 2013(I)


PETITIONER:

               SASIKALA P.,
               'PRASANTHI;,
               ANNUR P.O.,
               PAYYANNUR, KANNUR DISTRICT.

               BY ADVS.
               SRI.C.P.SUDHAKARA PRASAD (SR.)
               SRI.NAVEEN.T
               SMT.POOJA SURENDRAN
               SRI.S.RAMESH

RESPONDENTS:

      1        THE ASSISTANT EDUCATIONAL OFFICER
               PAYYANNUR, KANNUR DISTRICT,
               PIN - 670 307.

      2        THE MANAGER, ANNUR U.P.SCHOOL, ANNUR, PAYYANNUR,
               KANNUR DISTRICT, PIN - 670 307.

      3        THE HEADMISTRESS ANNUR U.P.SCHOOL ANNUR PAYYANNUR
               KANNUR DISTRICT, PIN - 670 307.

      4        K.LIJI,
               W/O.ANOOP T.P., "ANUGRAHA",
               NEAR ANNUR TEMPLE, ANNUR P.O.
               PAYYANNUR, KANNUR DISTRICT, PIN - 670 307.

               R1 BY GOVERNMENT PLEADER
               R1 BY ADV. SRI.KRB.KAIMAL SR.
               R1, R4 BY ADV. SRI.V.A.MUHAMMED
               R1 BY ADV. SRI.V.RAJASEKHARAN NAIR
               R1 BY ADV. SMT.V.P.SEEMANDINI SR.
               R1, R3 BY ADV. SRI.M.SASINDRAN
               R1 BY ADV. SRI.B.UNNIKRISHNA KAIMAL
               R2 BY ADV. SRI.KRB.KAIMAL (SR.)

               SR.G.P P.M. MANOJ

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD          ON
09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.23088 OF 2013            2

                             JUDGMENT

The petitioner has approached this

Court impugning Ext.P3 on various grounds

urged and impelled in this writ petition.

However, it is obvious that, pending this

lis, the Hon'ble Supreme Court has, in

Manager VKNM Vocational Higher Secondary

School v. State of Kerala [2016 (1) KLT

489], answered all the issues in this writ

petition against the petitioner. It is,

therefore, needless to say that I am bound

by this judgment and that no reliefs can be

granted to the petitioner.

In the afore circumstances, following

the ratio in Manager VKNM (Supra), I close

this writ petition without any further

orders.

Sd/-

DEVAN RAMACHANDRAN

JUDGE

MC/12.2.2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE REPLY GIVEN TO THE PETITIONER BY THE 1ST RESPONDENT AS PER COMMUNICATION DATED 23.08.2013.

EXHIBIT P2 TRUE COPY OF THE PUBLICATION MADE BY THE GENERAL EDUCATION DEPARTMENT (SCHOOL WISE SENIORITY LIST OF CLAIMANTS).

EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER NO.AUPS/A-TS/2013 DATED 20.08.2013 ISSUED BY THE 2ND RESPONDENT TO THE 4TH RESPONDENT.

EXHIBIT P4 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT BEFORE THE 3RD RESPONDENT.

EXHIBIT P5 A TRUE COPY OF THE BANKERS CHEQUE FOR RS.100/- SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE POSTAL RECEIPT OBTAINED FROM THE POST OFFICE EVIDENCING SENDING OF EXTS.P4 AND P5.

EXHIBIT P7 TRUE COPY OF THE APPLICATION DATED 14.08.2013 SUBMITTED BY THE PETITIONER UNDER THE RIGHT TO INFORMATION ACT BEFORE THE 3RD RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE ORDER DATED 30.07.2013 ISSUED BY THE 1ST RESPONDENT TO THE MANAGER WITH COPY OF THE PETITIONER.

EXHIBIT P9 TRUE COPY OF THE COMMUNICATION DATED 31.08.2013 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER.

EXHIBIT P10 TRUE COPY OF THE COMMUNICATION DATED 01.07.2013 SENT BY THE 3RD RESPONDENT TO THE PETITIONER'S HUSBAND.

EXHIBIT P11 TRUE COPY OF THE COMMUNICATION DATED 23.08.2013 SENT BY THE 1ST RESPONDENT TO THE PETITIONER.

EXHIBIT P12 A TRUE COPY OF THE COMMUNICATION DATED

09.01.2012 SENT BY THE 3RD RESPONDENT TO THE PETITIONER'S HUSBAND.

EXHIBIT P13 TRUE COPY OF THE REPRESENTATION DATED 28.09.2011 SUBMITTED BY THE PETITIONER TO THE MANAGER.

EXHIBIT P14 TRUE COPY OF THE COMMUNICATION DATED 22.12.2011 SENT BY THE PETITIONER'S HUSBAND TO THE MANAGER.

EXHIBIT P15 TRUE COPY OF THE COMMUNICATION DATED 06.01.2012 ISSUED BY THE MANAGER.

EXHIBIT P16 TRUE COPY OF THE COMMUNICATION DATED 12.09.2013 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P17 TRUE COPY OF THE RELEVANT EXTRACT OF THE ATTENDANCE REGISTER SHOWING THAT THE PETITIONER WORKED AS HINDI TEACHER FROM 11.09.1979 TO 29.11.1979.

EXHIBIT P18 TRUE COPY OF THE RELEVANT EXTRACT OF THE ACQUITTANCE ROLL SHOWING THAT THE PETITIONER RECEIVED SALARY FOR THE PERIOD DURING WHICH SHE WORKED.

EXHIBIT P19 TRUE COPY OF THE DECLARATION DATED 20.08.2013 GIVEN BY THE MANAGER. RESPONDENT'S/S EXHIBITS:

EXHIBIT R2(A) TRUE COPY OF THE G.O(P)NO.144/2013/G.EDN DATED 22.04.2013.

EXHIBIT R4(A) TRUE COPY OF THE G.O.(MS.)NO.28/2012/P&ARD DATED 20.06.2012 OF THE GOVERNMENT.