Kerala High Court
Helen Pushparathi.T vs State Of Kerala on 15 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 15TH DAY OF FEBRUARY 2021 / 26TH MAGHA,1942
WP(C).No.8579 OF 2012(V)
PETITIONER:
HELEN PUSHPARATHI.T.
AGED 41 YEARS
HIGHER SECONDARY SCHOOL TEACHER (COMMERCE),
ST.MARY'S HIGHER SECONDARY SCHOOL,
PATTOM, THIRUVANANTHAPURAM-695 004.
BY ADVS.
SRI.B.RAGHUNATHAN
SRI.G.GOPALAKRISHNA PILLAI
SRI.P.KARTHIKEYAN
SRI.R.SRINATH
SRI.VIPIN VARGHESE
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PRINCIPAL SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695
001.
2 DIRECTOR OF HIGHER SECONDARY EDUCATION
HOUSING BOARD BUILDING,
THIRUVANANTHAPURAM-695 001.
3 REGIONAL DEPUTY DIRECTOR
HIGHER SECONDARY EDUCATION, 4TH FLOOR,
THIRUVANANTHAPURAM CORPORATION BUILDING,
THIRUVANANTHAPURAM-695 033.
4 MANAGER
MALANKARA SYRIAN CATHOLIC SCHOOLS, (MSC
SCHOOLS), PATTOM, THIRUVANANTHAPURAM-695 004.
SRI. P.M.MANOJ - SR. GP.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 15.02.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.8579 OF 2012(V) 2
JUDGMENT
I notice that when this matter was heard by this Court on
04.04.2012, the following interim order had been issued:
"Learned counsel for the petitioner prays for a
direction to the respondents to sanction and
disburse the salary and other benefits to the
petitioner for the period from 17.07.2003 to
30.03.2004. It is pointed out that the same is
not being disbursed in the light of Ext.P6 letter
issued by the Director of Public Instruction.
2. It is clear from Ext.P6 that a Special
Leave Petition is proposed to be filed before the
Apex Court from the judgment of the Division
Bench concerning the legal issued raised in the
matter.
In that view of the matter, there will be a
direction to the respondents to disburse the
various benefits to the petitioner who will file an
undertaking that in the event of the Special
Leave Petition being allowed, she will refund the
entire benefits. Appropriate action will be taken
within a period of one month from the date of
receipt of a copy of this order".
2. As is evident from the above interim order, the
petitioner was granted all the benefits, subject to the decision
of the Hon'ble Supreme Court in the Special Leave Petitions
mentioned therein.
3. However, it is conceded today by the learned Senior
Government Pleader that the Hon'ble Supreme Court has
dismissed all the Special Leave Petitions; and obviously,
therefore, as per the interim order afore extracted, the
petitioner is not liable to refund the benefits paid to her.
Taking note of the afore submissions, I close this writ
petition confirming the interim order afore extracted and
declaring that the petitioner will not be liable to refund any
amounts that she has already received under its cover.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
LEK
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE ORDER OF APPOINTMENT
DATED 25.10.2000 ISSUED BY THE 4TH
RESPONDENT TO THE PETITIONER
EXHIBIT P2 TRUE COPY OF THE ORDER OF APPROVAL
DATED 5.7.2002 ISSUED BY THE 2ND
RESPONDENT TO THE PETITIONER
EXHIBIT P3 TRUE COPY OF GO(Rt).NO.1367/2004/G.Edn
DATED 2.4.2004
EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED
7.4.2004 IN W.P.(C).NO.30071 OF 2008-E
EXHIBIT P5 TRUE COPY OF THE ORDER DATED
30.08.2005 OF THE 2ND RESPONDENT
EXHIBIT P6 TRUE COPY OF THE LETTER DATED 6.6.2011
OF THE 2ND RESPONDENT
RESPONDENT'S/S EXHIBITS:NIL
