Lucy Meera Bai M.V vs State Of Kerala
2021 Latest Caselaw 1656 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     FRIDAY, THE 15TH DAY OF JANUARY 2021 / 25TH POUSHA, 1942

                      WP(C).No.1181 OF 2021(W)


PETITIONER:
              LUCY MEERA BAI M.V.,
              AGED 64 YEARS, W/O. LEO PREMARAJ,
              RETD, URDU FULL TIME TEACHER,
              BEM UP SCHOOL, OTTAPALAM,
              RESIDING AT CANAAN, POOLAKKAPARAMBU, THOTTAKKARA,
              OTTAPALAM, PALAKKAD - 678102.

              BY ADV. SRI.U.BALAGANGADHARAN

RESPONDENTS:
       1     STATE OF KERALA
             REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION
             EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
             (ANNEX), THIRUVANANTHAPURAM - 695001.

      2       DIRECTOR OF GENERAL EDUCATION
              THIRUVANANTHAPURAM - 695014.

      3       DEPUTY DIRECTOR OF EDUCATION
              PALAKKAD - 678001.

      4       DISTRICT EDUCATIONAL OFFICER,
              OTTAPALAM, PALAKKAD - 679102

      5       CORPORATE MANAGER
              CORPORATE MANAGEMENT OF CSI DIOCESAN SCHOOLS,
              (MALABAR AND WAYANAD AREA), CSI NORTH KERALA DIOCESAN
              EDUCATIONAL AGENCY, BANK ROAD,
              MANACHIRA, KOZHIKODE - 6 73001.

      6       THE ASSISTANT EDUCATIONAL OFFICER(A.E.O)
              OTTAPALAM, PALAKKAD DISTRICT - 679102.

      7       THE ACCOUNTANT GENERAL (A AND E),
              THIRUVANANTHAPURAM - 695001.


              SR GP NISHA BOSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1181 OF 2021(W)

                                        2

                                 JUDGMENT

Dated this the 15th day of January 2021

This writ petition is filed seeking the following reliefs:

"1. Writ in the nature of mandamus commanding 6th respondent to treat the period of service of the petitioner as LG Urdu Part time with full time status from 15.07.2008 to 4.8.2010 as duty for all purposes;

2. Writ in the nature of mandamus commanding 6th respondent to draw and disburse pay and allowances in the post of LG Urdu Part time with full time status from 15.7.2008 to 4.8.2010.

3. Writ in the nature of mandamus commanding 6th respondent to revise Pension, DCRG and Commuted Value of Pension reckoning the service of the petitioner as LG Urdu Part time with full time status from 15.7.2008 to 4.8.2010 and grant all consequential benefits including arrears;

4. Declare that the petitioner is entitled treat the period of service of the petitioner as LG Urdu Part time with full time status from 15.7.2008 to 4.8.2010 as duty for all purposes and he is further entitled to get his pension, DCRG and CVP revised with interest thereof;

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 the petitioner had approved service from

24.08.1984. It is stated that the period from 15.07.2008 to WP(C).No.1181 OF 2021(W)

04.08.2010 has not been taken note of for pensionary benefits.

Challenging the same the petitioner has approached the

Government with Ext.P11 revision petition.

4. Having heard the learned Government Pleader also, I

am of the opinion that the grievance is liable to be considered

that the Government in accordance with law.

There will, accordingly, be a direction to the 1 st respondent

to take up, consider and pass appropriate orders on Ext.P11

revision petition with notice to the petitioner as well as the

Manager. Hearing shall be conducted by any appropriate means

including through video conferencing appropriate orders shall be

passed within a period of three months from the date of receipt

of copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE nak WP(C).No.1181 OF 2021(W)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF RELEVANT PAGE OF SERVICE BOOK OF THE PETITIONER DATED 17.12.1992.

EXHIBIT P2 A TRUE COPY OF STAFF FIXATION ORDER DATED 13.07.2007 ISSUED BY THE 6TH RESPONDENT.

EXHIBIT P3 A TRUE COPY OF STAFF FIXATION ORDER DATED 17.07.2008 ISSUED BY THE 6TH RESPONDENT.

EXHIBIT P4 A TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER DATED 27.08.2008 TO 3RD RESPONDENT.

EXHIBIT P5 A TRUE COPY OF DECLARATION SUBMITTED BY THE 5TH RESPONDENT MANAGER DATED 27.08.2008.

EXHIBIT P6 A TRUE COPY OF LETTER DATED 4.12.2008 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

EXHIBIT P7 A TRUE COPY OF PROCEEDINGS DATED 28.05.2009 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P8 A TRUE COPY OF PROCEEDINGS DATED 30.07.2010 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P9 A TRUE COPY OF PROCEEDINGS DATED 15.09.2010 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P10 A TRUE COPY OF THE ORDER OF THE SECOND RESPONDENT DATED 27.05.2011 ORDER NO. RAI/36130/09/DP7/DDS.

EXHIBIT P11 A TRUE COPY OF REVISION PETITION FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT DATED 12.12.2020.