Kerala High Court
Ligiya Jose vs State Of Kerala on 1 June, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 1ST DAY OF JUNE 2021/11TH JYAISHTA, 1943
WP(C) NO. 11621 OF 2021
PETITIONER:
0
LIGIYA JOSE, AGED 41 YEARS,
W/O.VIJAY MATHEW, HIGHER SECONDARY
SCHOOL TEACHER (JUNIOR) IN MATHEMATICS,
HOLY FAMILY HIGHER SECONDARY SCHOOL,
RAJAPURAM, RAJAPURAM P.O.,
KASARAGOD DISTRICT PIN 671 532
RESIDING AT PUNNAMTHANAM HOUSE,
EACHOME POST, WAYANAD DIST. 670 721.
BY ADV MURALI PALLATH
RESPONDENTS:
0
1 STATE OF KERALA REPRESENTED BY
THE SECRETARY TO GOVT.,
GENERAL EDUCATION DEPARTMENT,
GOVT.SECRETARIAT (ANNEX II),
THIRUVANANTHAPURAM PIN 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THYCAUD P.O.,
THIRUVANANTHAPURAM PIN 695 014.
3 THE REGIONAL DEPUTY DIRECTOR,
HIGHER SECONDARY EDUCATION REGIONAL OFFICE,
KANNUR, PAYYAMBALAM P.O.,
KANNUR DIST. PIN 670 002.
4 THE CORPORATE MANAGER,
CORPORATE EDUCATIONAL AGENCY OF SCHOOLS,
ARCHEPARCHY OF KOTTAYAM,
THELLAKOM P.O., KOTTAYAM DIST. PIN 686 630.
BY SENIOR GOVERNMENT PLEADER SRI.K.P. HARISH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.06.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.11621/2021
:2 :
JUDGMENT
~~~~~~~~~
Dated this the 1st day of June, 2021
The petitioner states that she started continuous
service as Higher Secondary School Teacher (Junior)
(Mathematics) in St. Mary's H.S.S., Kidangoor from
30.06.2010. She had approved but broken services under the
same corporate management, prior thereto. Her probation
was declared taking into account the said approved broken
periods of service.
2. The petitioner would contend that she became
eligible for the First Time Bound Higher Grade on completion
of eight years service inclusive of the broken periods, on
03.05.2015. But, the proposal for grant of First Time Bound
Higher Grade to the petitioner with effect from 03.05.2015 was
rejected by the Regional Deputy Director on the ground that
broken periods of service cannot be counted for grant of First
Time Bound Higher Grade.
WP(C) No.11621/2021
3. A review petition filed by the petitioner was also
rejected, as per Ext.P6. Aggrieved by Ext.P4 and Ext.P6, the
petitioner has filed Ext.P8 appeal before the Secretary to
Government, General Education Department through proper
channel. But, the same is not being considered.
4. Heard the learned counsel for the petitioner and the
learned Government Pleader representing the respondents 1
to 3.
5. As the petitioner has preferred Ext.P8 appeal
before the 1st respondent, this Court is of the view that the 1 st
respondent shall consider the same within a reasonable time.
In the circumstances, the writ petition is disposed of
directing the 1st respondent to consider Ext.P8 appeal filed by
the petitioner within a period of two months, after granting an
opportunity of hearing to the petitioner. The 1 st respondent will
be at liberty to adopt virtual mode/video conferencing, for
hearing the petitioner.
Sd/-
N. NAGARESH, JUDGE
aks/02.06.2021
WP(C) No.11621/2021
APPENDIX
EXHIBIT P1 TRUE COPY OF ORDER NO.A2/10134/RDDE/10
DATED 04.08.2010 ISSUED BY THE REGIONAL
DEPUTY DIRECTOR, ERNAKULAM.
EXHIBIT P2 TRUE COPY OF ORDER NO.AT/75/11/HSS
DATED 30.09.2011 ISSUED BY 4TH
RESPONDENT.
EXHIBIT P3 TRUE COPY OF STATEMENT OF FIXATION OF
PAY IN THE HIGHER GRADE SCALE SUBMITTED
IN RESPECT OF THE PETITIONER
EXHIBIT P4 TRUE COPY ORDER NO.A9/5620/2016 DATED
09.08.2017 ISSUED BY THE 3RD RESPONDENT
EXHIBIT P5 TRUE COPY OF THE PETITIONER'S LETTER
DATED 13.10.2017 SUBMITTED TO THE 3RD
RESPONDENT
EXHIBIT P6 TRUE COPY LETTER NO.A9/6912/2017 DATED
30.01.2021 ISSUED BY THE 3RD RESPONDENT
EXHIBIT P7 TRUE COPY OF LETTER NO.65048/J2/2000/
G.EDN. DATED 17.01.2001.
EXHIBIT P8 TRUE COPY OF APPEAL PETITION DATED
27.04.2021 SUBMITTED BY THE PETITIONER
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