Joy V.A vs State Of Kerala
2021 Latest Caselaw 15834 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
                         WP(C) NO. 13420 OF 2021
PETITIONER:

              JOY V.A.
              SON OF C.D.ANTONY,RETIRED HEADMASTER,ST.MARY'S HIGH
              SCHOOL,ALUVA,ERNAKULAM DISTRICT-683101(RESIDING AT
              VADAKKETHALA HOUSE,JRRA 150,JAYANTHI ROAD,,MARADU,
              KOCHI-682304)

              BY ADVS.
              V.A.MUHAMMED
              M.SAJJAD


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

     2        THE DIRECTOR OF GENERAL EDUCATION,
              JAGATHY,THIRUVANANTHAPURAM-695014.

     3        THE DEPUTY DIRECTOR OF EDUCATION
              ERNAKULAM AT KAKKANAD-682030.

     4        THE ACCOUNTANT GENERAL(A&E),KERALA,
              THIRUVANANTHAPURAM-695039.

     5        THE HEADMASTER
              ST.MARY'S HIGH SCHOOL,ALUVA,
              ERNAKULAM DISTRICT-683101.


OTHER PRESENT:
           SRI. BIJOY CHANDRAN-SR. G.P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13420 OF 2021
                                     2

                               JUDGMENT

This writ petition is filed seeking the following prayers:-

"(i) call for the records leading to Exhibit P4 and set aside the original of the same by the issue of a writ of certiorari or other appropriate writ or order.

(ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents to grant the service and terminal benefits of the petitioner reckoning the HSST service period as well.

(iii) 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-9 in the light of Exhibits P-5 to P-8 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 retired from service while

working as HM in an aided High School. It is submitted that

for the period from 16.09.2014 to 01.06.2015, the petitioner

had worked as HSST. However, the said period has not been

reckoned for retirement benefits. The petitioner has WP(C) NO. 13420 OF 2021

approached the Government. By Ext.P4, a letter was

addressed by the Government to the petitioner stating that

the petitioner's request cannot be considered and directing

the recovery of an amount of Rs.33,509/-. The petitioner has

approached the Government with Ext.P9 review petition as

against Ext.P4 and seeks a consideration of the same.

4. The learned Government Pleader submits that

since Ext.P4 is not a revisional or appellate order and since it

is an original proceedings issued by the Government, Ext.P9

review petition is maintainable.

5. The learned counsel for the petitioner submits that

Ext.P4 is not in the nature of the Government order at all.

However, it is submitted that the petitioner will be satisfied if

Ext.P9 is considered with reference to the contentions raised.

6. Having heard the learned counsel on either side,

there will be a direction to the 1 st respondent to take up

Ext.P9 review petition preferred by the petitioner and to

consider and pass orders on the same with specific reference WP(C) NO. 13420 OF 2021

to Exts.P5 to P8 documents produced by the petitioner. The

petitioner shall produce a copy of the writ petition along with

a certified copy of this judgment before the 1 st respondent

for compliance. Orders shall be passed, after hearing the

parties 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 Bng/02.08.2021 WP(C) NO. 13420 OF 2021

APPENDIX OF WP(C) 13420/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE LETTER OF THE ACCOUNTANT GENERAL DATED 11.04.2018

Exhibit P2 TRUE COPY OF THE PENSION PAYMENT ORDER DATED 24.10.2018 OF THE ACCOUNTANT GENERAL

Exhibit P3 TRUE COPY OF THE LETTER ADDRESSED TO THE MINISTER FOR EDUCATION DATED 16.08.2019

Exhibit P4 TRUE COPY OF THE LETTER NO.E3/178/2020/G.EDN.DATED 03.06.2021 OF THE GOVERNMENT

Exhibit P5 TRUE COPY OF THE ORDER IN O.A.

(EKM)NO.391/2017 OF THE KERALA ADMINISTRATIVE TRIBUNAL (CAMP SITTING AT ERNAKULAM)DATED 08.02.2018.

Exhibit P6 TRUE COPY OF THE ORDER NO.A5/5639/2016 DATED 04.09.2018 OF THE DEPUTY DIRECTOR OF EDUCATION,KOTTAYAM

Exhibit P7 TRUE COPY OF THE G.O.

(MS)NO.11/2021/G.EDN.DATED 11.01.2021 OF THE GOVERNMENT

Exhibit P8 TRUE COPY OF THE G.O.(RT)NO.2237/2021/GEDN DATED 20.03.2021 OF THE GOVERNMENT

Exhibit P9 TRUE COPY OF THE REVIEW PETITION FILED BEFORE THE GOVERNMENT DATED 15.06.2021.