Sabitha C Panicker vs The State Of Kerala
2021 Latest Caselaw 10091 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943

                       WP(C).No.7817 OF 2021(B)


PETITIONER:

               SABITHA C PANICKER
               AGED 43 YEARS, WIFE OF K HARIKUMAR,
               FORMERLY HIGHER SECONDARY SCHOOL TEACHER (JUNIOR)
               ENGLISH, M S M HIGHER SECONDARY SCHOOL, KAYAMKULAM
               NOW WORKING AS HSST ENGLISH, GOVERNMENT HIGHER
               SECONDARY SCHOOL, AYAPARAMBU, HARIPAD,
               ALAPPUZHA DISTRICT 690 517
               (RESIDING AT SUJA BHAVAN, EVOOR NORTH, CHEPPAD,
               ALAPPUZHA DISTRICT 690 507)(PHONE 9447951915)

               BY ADVS.
               SRI.V.A.MUHAMMED
               SRI.V.RAJASEKHARAN NAIR

RESPONDENTS:

      1        THE STATE OF KERALA
               REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
               EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM 695 001

      2        THE DIRECTOR OF OF GENERAL EDUCATION
               (HIGHER SECONDARY WING) HOUSING BOARD BUILDINGS,
               SANTHI NAGAR, THIRUVANANTHAPURAM 695 001

      3        THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
               EDUCATION, P.O CHENGANNUR, ALAPPUZHA 689 121

      4        THE MANAGER,
               M S M HIGHER SECONDARY SCHOOL, KAYAMKULAM,
               ALAPPUZHA DISTRICT 690 502

      5        THE PRINCIPAL,
               M S M HIGHER SECONDARY SCHOOL, KAYAMKULAM,
               ALAPPUZHA DISTRICT 690 502

               SMT.NISHA BOSE, SR. GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7817 OF 2021

                                           2




                                  JUDGMENT

Dated this the 25th day of March 2021

This writ petition is filed seeking the following reliefs :-

"i) issue a writ of mandamus or other appropriate writ, order or direction commanding the 3rd Respondent to release the salary due to the Petitioner for the period from 01.04.2013 to 31.03.2014 forthwith.

ii) declare that the Petitioner is entitled to get the salary for the period from 01.04.2013 to 31.03.2014 in view of Exhibit P-6 order.

iii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 3 rd Respondent to grant salary for the period from 01.04.2013 to 31.03.2014 in view of Exhibit P-6 order.

iv) issue a writ of mandamus or other appropriate writ order or direction commanding the 3rd Respondent to consider and pass appropriate orders upon Exhibits P-7 and P-8 after affording an opportunity of being heard to Petitioner within a time frame."

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 as

against the refusal by the respondents to release the salary due to the

petitioner for the period from 01.04.2013 to 31.03.2014, which covers WP(C).No.7817 OF 2021

period of approved appointment, the petitioner has moved Ext.P8

representation before the 3rd respondent.

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

opinion that the Ext.P8 representation is liable to be considered in

accordance with law. There will, accordingly, be a direction to the 3 rd

respondent to take up, consider and pass orders on Ext.P8

representation preferred by the petitioner, with notice to the

petitioner as well as the 4th respondent, within a period of two 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.7817 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER NO. ACD.C3/18114/ HSE/01 DATED 12-08-2005 OF THE DIRECTOR

EXHIBIT P2 TRUE COPY OF THE ORDER NO. TRO/7/2836/07/ HSE DATED 14-07-2008 OF THE RDD HSE, THIRUVANANTHAPURAM

EXHIBIT P3 TRUE COPY OF THE ORDER NO. TRO/07/2836/07 HSE DATED 04-11-2009 OF THE RDD HSE, THIRUVANANTHAPURAM

EXHIBIT P4 TRUE COPY OF THE ORDER NO. TRO/7/13232/11/ HSE DATED 19-11-2011 OF THE RDD HSE, THIRUVANANTHAPURAM

EXHIBIT P5 TRUE COPY OF THE ORDER NO. B3/2713/RDD/ HSE/14 DATED 01-09-2014 OF THE RDD HSE, KOTTAYAM

EXHIBIT P6 TRUE COPY OF THE ORDER NO. B3/10307/RDD/ HSE/14(2) DSATED 13-02-2015 OF THE RDD HSE/KOTTAYAM

EXHIBIT P7 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE RDD HSE.CHENGANNUR DATED 20-01-

EXHIBIT P8 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE RDD HSE, CHENGANNUR DATED 01-03-

RESPONDENT'S/S EXHIBITS: NIL