Vijitha T vs State Of Kerala
2021 Latest Caselaw 4662 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.3310 OF 2021(K)


PETITIONER:

               VIJITHA T.,
               AGED 51 YEARS
               W/O. KUNHIRAMAN, GANAPATHYKANDY,
               KUNNATHUKUNIYIL HOUSE, KALLODE P.O,
               PERAMBRA, KOZHIKODE DISTRICT.

               BY ADVS.
               SRI.K.MOHANAKANNAN
               SMT.T.V.NEEMA

RESPONDENTS:

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

      2        THE DISTRICT EDUCATIONAL OFFICER,
               KOZHIKODE TOWN, MANANCHIRA, KOZHIKODE - 673002.

      3        THE ASSISTANT EDUCATIONAL OFFICER,
               KOYILANDY, KOZHIKODE DISTRICT - 673620.

      4        BLOCK PROGRAMME OFFICER,
               BRC, PERAMBRA, KOZHIKODE - 673525,

      5        PROJECT OFFICER
               SARVASIKSHAABHIYAN (SSA), AKSHAJAM, EAST NADAKAVU,
               KOZHIKODE, KERALA - 673006.


OTHER PRESENT:

               T RAJASEKHARAN NAIR SR GP

     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.3310 OF 2021(K)

                                   2

                             JUDGMENT

Dated this the 9th day of February 2021

The petitioner has approached this Court challenging

Ext.P6 order.

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 by Ext.P2 judgment, there was a direction to

the respondents to consider the claim of the petitioner for

appointment and approval taking note of her earlier

approved service. It is submitted that pursuant thereto

Ext.P4 order was passed approving the petitioner's

appointment from 15.07.2006 to 31.03.2008. Ext.P3

Government Order with regard to the approval from

31.03.2008 onwards, it is submitted that W.P.(C)

No.10445/2020 is admitted and pending. The petitioner

continued in service and was appointed as Cluster Co- WP(C).No.3310 OF 2021(K)

ordinator in 2016 and drew salary in the full time post. It is

submitted that, thereafter, Ext.P6 communication has been

issued by the 3rd respondent stating that the petitioner was

eligible only for part time salary from 28.06.2012 to

28.02.2016 and that the grant of the full time salary to the

petitioner during the said period was erroneous. The

petitioner has submitted Ext.P7 reply pointing out that

several other persons, who are identically situated as the

petitioner, had been granted the very same benefits. It is

also submitted that the petitioner had actually worked full

time as BRC Co-ordinator. It is submitted that the said reply

is liable to be considered before any further orders are

issued with regard to recovery of salary from the petitioner.

4. Having considered the contentions advanced, I am

of the opinion that since Ext.P7 reply has been submitted by

the petitioner, the same is liable to be considered before the

proposal in Ext.P6 is finalized. There will, accordingly, be a

direction to the 2nd respondent to take up, consider and pass WP(C).No.3310 OF 2021(K)

orders on Ext.P7 reply submitted by the petitioner with

specific reference to the instances pointed out by the

petitioner as well and to pass orders thereon after hearing

the petitioner by any appropriate means including video

conferencing within two months from the date of receipt of a

copy of this judgment. Any steps as stated in Ext.P6 for

recovery of amounts already paid to the petitioner shall be

kept in abeyance till orders are passed as directed above.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE Bng/10.02.20201 WP(C).No.3310 OF 2021(K)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS OF THE DDE OFFICER.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN NO. WRIT PETITION CIVIL NO.3381/2018 DATED 27.11.2018.

EXHIBIT P3 TRUE COPY OF THE GO(RT) 502/2020/G.EDN DATED 25.01.2020.

EXHIBIT P4 TRUE COPY OF THE ORDER NO.K. DIS-

D/5441/2020 DATED 7.10.2020 OF THE ASST. EDUCATIONAL OFFICER.

EXHIBIT P5 TRUE COPY RELEVANT EXTRACTS OF GO(P) NO.7/2016/FIN.DATED 20.01.2016.

EXHIBIT P6 TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 28.12.2020.

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION DATED 19.01.2021 SUBMITTED BY THE PETITIONER BEFORE THE DISTRICT EDUCATIONAL OFFICER, KOZHIKODE.