Kerala High Court
Pathummakutty vs The State Of Kerala on 25 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
MONDAY, THE 25TH DAY OF JANUARY 2021 / 5TH MAGHA, 1942
WP(C).No.24580 OF 2018(V)
PETITIONER:
PATHUMMAKUTTY
AGED 41 YEARS, W/O. ABDUL LATEEF P., P.P. HOUSE,MONGAM P.O.,
MALAPPURAM DISTRICT.
BY ADV. SRI.K.RAKESH
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,DEPARTMENT OF
GENERAL EDUCATION,GOVERNMENT SECRETARIAT,
TRIVANDRUM, PIN-695 001.
2 THE DIRECTOR OF PUBLIC INSTRUCTIONS DPI
THE DIRECTORATE OF PUBLIC INSTRUCTIONS,THIRUVANANTHAPURAM,
PIN-695 001.
3 THE DEPUTY DIRECTOR OF EDUCATION
MALAPPURAM, PIN-676 505.
4 THE ASSISTANT EDUCATIONAL OFFICER
MANJERI, MALAPPURAM DISTRICT, PIN-676 121.
5 THE MANAGER
A.U.P.SCHOOL, PATTARKULAM P.O.,MALAPPURAM DISTRICT,
PIN-676 122.
6 THE HEADMASTER
A.U.P. SCHOOL, PATTARKULAM P.O.,
MALAPPURAM DISTRICT, PIN-676 122.
OTHER PRESENT:
SRI. SUNIL KUMAR KURIAKOSE (GP)
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25.01.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.24580 OF 2018(V)
2
JUDGMENT
The petitioner has approached this Court seeking a direction
to respondents 1 to 4 to reckon the spells of broken service, spent
by her before she was admitted to regular service, for the purpose
of declaration of probation and other service benefits. The
petitioner specifically relies on Ext.P3 judgment of this Court,
which had been delivered by another learned Judge in the case of
a person stated to be similarly situated and prays that she also be
granted the benefits of the declarations therein. The petitioner,
therefore, prays that this writ petition be ordered on the same
lines as Ext.P3 judgment.
2. In response, the learned Government Pleader
submitted that since the submissions of Sri.K.Rakesh - learned
counsel for the petitioner, are founded on the declarations in
Ext.P3 judgment and since the petitioner therein appears to be
similarly situated as the petitioner in this case, the Authorities are
willing to consider if she is also entitled to the benefits granted
therein. The learned Government Pleader, therefore, prayed that
this writ petition be ordered to such effect.
3. When I go through Ext.P3 judgment, it is indubitable
that a learned Judge of this Court has found that spells of broken
WP(C).No.24580 OF 2018(V)
service will have to be reckoned for the purpose of declaration of
probation and also for grant of increments. This benefit was
granted in the said judgment based on Rules 6A and 61(4) of
Chapter XIV of the Kerala Educational Rules (KER); and since the
petitioner asserts that she is entitled to the same benefit - she
being identically situated as the petitioner in Ext.P3 judgment - I
am certain that she is also deserving her case being considered on
such terms.
In the afore circumstances, I order this writ petition and
direct the competent respondent to issue apposite orders, after
considering her claim for counting the broken period of service
put in by her before she entered regular service, for the purpose
of declaration and also for increments in terms of the afore Rules;
and this exercise shall be completed within a period of one month
from the date of receipt of a copy of this judgment, leading to
disbursement of all eligible monetary benefits within a period of
one month thereafter.
Sd/-
DEVAN RAMACHANDRAN
rp JUDGE
WP(C).No.24580 OF 2018(V)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE REPLY SUBMITTED BY THE 6TH
RESPONDENT TO THE 3RD RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE RELEVANT PORTION OF COMMUNICATION
ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT
ON 28-4-2018.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT
DATED , 14-2-2018 IN WP(C)NO. 351/2018
