Vijay Kavitha James vs The State Of Kerala
2021 Latest Caselaw 13562 Ker

WP(C) NO. 13101 OF 2021

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                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         THURSDAY, THE 1ST DAY OF JULY 2021 / 10TH ASHADHA, 1943
                          WP(C) NO. 13101 OF 2021
PETITIONER:

              VIJAY KAVITHA JAMES
              AGED 44 YEARS
              WIFE OF ARADH ALFRED, HIGHER SECONDARY SCHOOL TEACHER
              (PHYSICS), ST.PHILOMINA'S HIGHER SECONDARY SCHOOL,
              KOONAMMAVU, ERNAKULAM-683518.

              BY ADVS.
              V.A.MUHAMMED
              M.SAJJAD


RESPONDENTS:

     1        THE STATE OF KERALA
              REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
              GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
              THIRUVANANTHAPURAM-695001.

     2        THE DIRECTOR OF GENERAL EDUCATION,
              (HIGHER SECONDARY WING), HOUSING BOARD BUILDINGS,
              SANTHI NAGAR, THIRUVANANTHAPURAM-695001.

     3        THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
              EDUCATION, S.R.V.G HIGHER SECONDARY SCHOOL BUILDINGS,
              KASTHURI RANGAN HALL, ERNAKULAM-682016.

     4        THE CORPORATE MANAGER,
              ARCHDIOCESE OF VERAPOLY, ST.ALBERT'S HIGHER SECONDARY
              SCHOOL CAMPUS, KOCHI-682018.

     5        THE PRINCIPAL
              ST.PHILOMINA'S HIGHER SECONDARY SCHOOL, KOONAMMAVU,
              ERNAKULAM-683518.
              SMT.NISHA BOSE- SR. G.P.

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION               ON
01.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13101 OF 2021

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                                   JUDGMENT

This writ petition is filed seeking the following prayers:

"(i) call for the records relating to Exhibit P-11 and set aside the original of the same by the issue of a writ of certiorari or other appropriate writ or order.

(ii) declare that the Petitioner is entitled to get the 2 nd time bound higher grade on completion of 15 years of service from 04.11.2020.

(iii) issue a writ of mandamus or other appropriate writ, order or direction commanding the Respondents to grant the 2 nd time bound higher grade on completion of 15 years of service from 04.11.2020 and disburse the attendant benefits forthwith.

(iv) issue a writ of mandamus or other appropriate writ order or direction commanding the 1st Respondent to consider and pass appropriate orders upon Exhibit P-12 after affording an opportunity of being heard to the Petitioner within a time limit."

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 entered service as HSST (Junior) in Physics on a regular

basis from 30.10.2000 onwards. It is stated that she was promoted as HSST

against a leave vacancy. The appointments were duly approved. It is

submitted that the petitioner had been granted the 1 st time bound higher

grade on completion of 8 years of service, taking note of the earlier WP(C) NO. 13101 OF 2021

periods of service rendered by her in the leave vacancy as well. However,

when request was made for the grant of the 2 nd time bound higher grade,

Ext.P11 proceedings have been passed on 23.04.2021 rejecting the request.

The petitioner has approached the Government with Ext.P12

representation and seeks a consideration of the same.

4. Having heard the learned Government Pleader also, I am of the

opinion that Ext.P12 representation preferred by the petitioner before the

1st respondent is liable to be considered in accordance with law. There will,

accordingly, be a direction to the 1 st respondent to take up, consider and

pass orders on Ext.P12 representation preferred by the petitioner, with

notice to the petitioner as well as the Manager and after hearing them,

through any appropriate means, including video conferencing, within a

period of three months from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 13101 OF 2021

APPENDIX OF WP(C) 13101/2021

PETITIONER'S/S EXHIBITS:

Exhibit P1 TRUE COPY OF THE ORDER NO.A1/14790/HSE/2001 DATED 30.05.2002 OF THE DIRECTOR.

Exhibit P2 TRUE COPY OF THE ORDER NO.A5/5279/06 DATED 02.11.2006 OF THE 3RD RESPONDENT.

Exhibit P3 TRUE COPY OF THE ORDER NO.A5/6413/07 DATED 23.01.2008 OF THE 3RD RESPONDENT.

Exhibit P4 TRUE COPY OF THE ORDER NO.A1/12965/RDDE/08 DATED 06.08.2009 OF THE 3RD RESPONDENT.

Exhibit P5 TRUE COPY OF THE RELEVANT PAGE OF THE SERVICE BOOK OF THE PETITIONER.

Exhibit P6 TRUE COPY OF THE ORDER NO.A5/13620/RDDE/10 DATED 06.11.2010 OF THE 3RD RESPONDENT.

Exhibit P7 TRUE COPY OF THE ORDER NO.B2/9678/15/RDD/HSE/ EKM DATED 13.04.2016 OF THE 3RD RESPONDENT.

Exhibit P8 TRUE COPY OF THE ORDER NO.A6/9566/RDD/HSE/EKM/ 18 DATED 02.11.2019 OF THE 3RD RESPONDENT.

Exhibit P9 TRUE COPY OF THE ORDER NO.A5/8410/RDD/HSE/19 DATED 16.03.2020 OF THE 3RD RESPONDENT.

Exhibit P10 TRUE COPY OF THE STATEMENT OF FIXATION OF PAY OF THE PETITIONER DATED 26.11.2013.

Exhibit P11 TRUE COPY OF THE LETTER NO.A5/762/RDD/HSE/EKM/ 2021 DATED 23.04.2021 OF THE 3RD RESPONDENT.

Exhibit P12 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE GOVERNMENT DATED 16.06.2021 (WITHOUT EXHIBITS)

RESPONDENT'S/S EXHIBITS: NIL