N.S. Anitha vs State Of Kerala Represented By The ...
2021 Latest Caselaw 5260 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

          THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

     FRIDAY, THE 12TH DAY OF FEBRUARY 2021 / 23RD MAGHA,1942

                     WP(C).No.12143 OF 2011(P)


PETITIONER:
              N.S. ANITHA, W/O.P.R.AJITH KUMAR,
              POIKAYIL HOUSE, THALACHIRA ERAM P.O.,,
              PATHANAMTHITTA (HIGH SCHOOL ASSISTANT (MATHS),,
              T.T.THOMAS MEMORIAL VOCATIONAL HIGHER SECONDARY
              SCHOOL, P.O.VADASSERIKKARA, PATHANAMTHITTA DISTRICT).

              SRI.S.SUBHASH CHAND
              SMT.V.AJITHA

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

      2       DIRECTOR OF PUBLIC INSTRUCTION
              OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION,,
              THIRUVANANTHAPURAM-695 001.

      3       DEPUTY DIRECTOR (EDUCATION)
              OFFICE OF THE DEPUTY DIRECTOR (EDUCATION),,
              PATHANAMTHITTA AT THIRUVALLA-689 101.

      4       DISTRICT EDUCATIONAL OFFICER
              OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,,
              PATHANAMTHITTA-689 645.

      5       MANAGER, T.T.THOMAS MEMORIAL
              VOCATIONAL HIGH SECONDARY SCHOOL,,
              P.O.VADASSERIKKARA, PATHANAMTHITTA DISTRICT-,
              689 662.

      6       BINU ABRAHAM, UPPER PRIMARY SCHOOL
              ASSISTANT, T.T.THOMAS MEMORIAL VOCATIONAL HIGH
              SECONDARY SCHOOL, P.O.VADASSERIKKARA,,
              PATHANAMTHITTA DISTRICT- 689 662.

              SRI.V.K.SUNIL
              SR.GP - SRI. P.M.MANOJ

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD          ON
12.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.12143 OF 2011(P)

                                       2



                                JUDGMENT

Dated this the 12th day of February 2021

I notice that when this matter was considered by this

Court on 23.01.2012, the following interim order had been

issued:

"Heard the learned counsel for the petitioner and the learned Government Pleader and the learned counsel appearing for the sixth respondent. It is submitted by the learned counsel for the petitioner that the petitioner's name has been included in the teachers' package order and will thus be eligible for getting salary from 01.06.2011.

2. The learned counsel for the sixth respondent submitted that pursuant to Ext.P12 order, the approval of appointment of the sixth respondent for the period from 05.06.2007 to 14.07.2007 has been ordered as per Ext.R6(a) order by the District Educational officer.

3. The Government has also filed an application to vacate the interim order as I.A.No.8680/2011. Therefore, the interim order is vacated.

4. The petitioner's right for approval from 01.06.2011 will be examined and the eligible salary of the petitioner as well as the sixth respondent will be disbursed. Appropriate steps will be taken in the matter within a period of one month for payment of salary to the petitioner and the sixth respondent from the eligible dates."

2. When this matter was called today, the learned

counsel for the petitioner submitted that this interim order

has been complied with and therefore, prayed that this writ

petition be ordered, confirming the same and leaving open all WP(C).No.12143 OF 2011(P)

legal contentions to be pursued by his client, if so required in

future.

In the afore circumstances, I order this writ petition and

confirm the afore extracted interim order and leave open all

contentions so that the petitioner can pursue it, if required in

future.

Sd/- DEVAN RAMACHANDRAN

Stu JUDGE WP(C).No.12143 OF 2011(P)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER DATED 1.12.2003 PASSED BY RESPONDENT NO.2.

EXHIBIT P2 TRUE COPY OF THE ORDER DATED 25.08.2006 PASSED BY RESPONDENT NO.4.

EXHIBIT P3 TRUE COPY OF THE ORDER DATED 6.11.2006 PASSED BY RESPONDENT NO.3.

EXHIBIT P4 TRUE COPY OF THE ORDER DATED 5.3.2007 PASSED BY RESPONDENT NO.2.

EXHIBIT P5 TRUE COPY OF THE ORDER DATED 3.11.2007 PASSED BY RESPONDENT NO.1.

EXHIBIT P6 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE ACADEMIC YEAR 2008-09 DATED 31.7.2007 ISSUED BY RESPONDENT NO.4.

EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 31.10.2008 PASSED BY THIS HON'BLE COURT.

EXHIBIT P8 TRUE COPY OF THE HEARING NOTICE DATED 6.1.2009 ISSUED TO THE PETITIONER.

EXHIBIT P9 TRUE COPY OF THE ORDER DATED 20.02.2009 PASSED BY RESPONDENT NO.2.

EXHIBIT P10 TRUE COPY OF THE ORDER DATED 20.02.2009 PASSED BY RESPONDENT NO.2.

EXHIBIT P10 A TRUE COPY OF THE STATUTORY REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.1.

EXHIBIT P11 TRUE COPY OF THE JUDGMENT DATED 28.07.2009 PASSED BY THIS HON'BLE COURT IN W.P.(C) NO. 11394/2009

EXHIBIT P12 TRUE COPY OF THE ORDER DATED 7.3.2011 PASSED BY RESPONDENT NO.1.

WP(C).No.12143 OF 2011(P)

RESPONDENT'S EXHIBITS:

EXHIBIT R6 A TRUE COPY OF THE ORDER NO. K.DIS B3-

12575/2008 DATED 20.07.2011 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT R6 B TRUE COPY OF THE PROCEEDINGS OF THE 4TH RESPONDENT NO. D.DIS D3-6020/11 DATED 15.7.2011.