Merina J. Kattoor vs State Of Kerala
2021 Latest Caselaw 6619 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

  WEDNESDAY, THE 24TH DAY OF FEBRUARY 2021 / 5TH PHALGUNA, 1942

                        WP(C).No.4758 OF 2021(T)


PETITIONER:

                MERINA J. KATTOOR
                AGED 48 YEARS
                W/O. THANKACHAN MATHEW, NOW WORKING AS HST (MATHS)
                ST. SEBASTIANS H.S, PURAPPUZHA, IDUKKI DISTRICT

                BY ADV. SRI.PAULSON THOMAS

RESPONDENT/S:

      1         STATE OF KERALA
                REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL
                EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
                THIRUVANANTHAPURAM PIN 695 001

      2         THE DIRECTOR OF GENERAL EDUCATION,
                GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA,
                JAGATHY, THIRUVANANTHAPURAM PIN 695 005

      3         DEPUTY DIRECTOR OF EDUCATION,
                IDUKKI PIN 685 602

      4         DISTRICT EDUCATIONAL OFFICER,
                THODUPUZHA, PIN 685 584

      5         CORPORATE MANAGER,
                CORPORATE EDUCATIONAL AGENCY, DIOCESE OF
                KOTHAMANGALAM, PIN 686 691


                SR GP T RAJASEKHARAN NAIR

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4758 OF 2021

                                   2




                             JUDGMENT

Dated this the 24th day of February 2021

This writ petition is filed seeking the following reliefs:-

(i) set aside Ext.P4

(ii) declare that the petitioner is entitled to get her service regularized on scale of pay basis from 04.06.2012 onwards and treat it as continuous.

(iii) issue a writ of mandamus or appropriate direction directing the respondents to grant approval to Ext.P2 appointment on scale of pay basis and to grant all service benefits treating Ext.P2 appointment as regular continuous service from 04.06.2012 onwards, including vacation salary.

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 seeking approval of appointment of the petitioner with effect

from 04.06.2012 on a regular scale of pay, the petitioner has

preferred Ext. P6 revision petition before the Government and

seeks a consideration of the same. WP(C).No.4758 OF 2021

4. Having heard the learned Government Pleader also, I

am of the opinion that Ext. P6 which is a statutory revision, is

liable to be considered and disposed of in accordance with law.

There will be a direction to the 1 st respondent to take up,

consider and pass orders on Ext.P6 revision petition preferred by

the petitioner, with notice to the petitioner as well as the Manager

and after hearing them through any appropriate means, including

by video conferencing, within a period of three months from the

date of receipt of a copy of this judgment. If the petitioner is

found eligible for appointment on a regular scale of pay,

monetary benefits shall be released within a period of three

months thereafter.

Sd/-

ANU SIVARAMAN

JUDGE

ssa WP(C).No.4758 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER OF THE DEO GRANTING APPROVAL TO THE APPOINTMENT FROM 01-06-2011 TO 31-03-2012

EXHIBIT P2 TRUE COPY OF THE APPROVED APPOINTMENT ORDER OF THE PETITIOENR DATED 04-06-2012

EXHIBIT P3 TRUE COPY OF THE APPROVAL GRANTED TO THE APPOINTMENT ORDER FROM 03-06-2013 ONWARDS

EXHIBIT P4 TRUE COPY OF THE ORDER PASSED BY THE DEPUTY DIRECTOR OF EDUCATION (R3) NO.

B4/17674/2019 DATED 03-11-2020

EXHIBIT P5 TRUE COPY OF THE APPROVAL GRANTED TO SRI JOHN K.J IN WHOSE RESULTANT VACANCY THE PETITIONER WAS APPOINTED BY P2 ORDER DATED 01-04-2011

EXHIBIT P6 TRUE COPY OF THE REVISION PETITION OF THE PETITIONER DATED 25-01-2021