Citation : 2021 Latest Caselaw 8715 Ker
Judgement Date : 16 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 16TH DAY OF MARCH 2021 / 25TH PHALGUNA, 1942
WP(C).No.4482 OF 2021(I)
PETITIONER:
LIJIKUMARI.V.L
AGED 39 YEARS
WIFE OF V.DINACHANDRAN,
JUNIOR SANSKRIT TEACHER (PART-TIME)
T K D M U P SCHOOL, NADUVILEMURI,
SOORANADU NORTH KOLLAM DISTRICT.
BY ADVS.
SRI.V.A.MUHAMMED
SRI.M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
THIRUVANANTHAPURAM-695 001.
2 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY, THIRUVANANTHAPURAM-695 014.
3 THE DISTRICT EDUCATIONAL OFFICER
KOTTARAKKARA, KOLLAM DISTRICT-691 506.
4 THE ASSISTANT EDUCATIONAL OFFICER
SASTHAMCOTTA, KOLLAM DISTRICT-690 521.
5 THE MANAGER
T K D M U P SCHOOL, NADUVILEMURI,
SOORANADU NORTH, KOLLAM DISTRICT-690 521.
T RAJASEKSHARAN NAIR, SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.4482 OF 2021
2
JUDGMENT
Dated this the 16th day of March 2021
This writ petition is filed seeking the following reliefs :-
"i) call for the records relating to Exhibits P-1 and set aside the original of the same to the extent it denied vacation salary for the year 2008 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 revise the approval from 07.06.2007 on scale of pay and grant vacation salary to the Petitioner for the year 2008 forthwith.
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-4 and P-5 after affording an opportunity of being heard to the Petitioner within a time limit and duly taking note of Exhibits P-6 to P-8 Judgments."
2. Heard the learned counsel for the petitioner and the learned
Government Pleader.
3. In view of the fact that the petitioner has approached the
respondents with Ext.P4 revision petition and Ext.P5 representation, I
am of the opinion that it is for the Government to take an appropriate
decision on the same.
WP(C).No.4482 OF 2021
4. There will, accordingly, be a direction to the 1 st respondent to
take up, consider and pass orders on Ext.P4 revision petition and
Ext.P5 representation preferred by the petitioner, if orders have not
already been passed, 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.4482 OF 2021
APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 7.6.2007.
EXHIBIT P2 TRUE COPY OF THE JUDGMENT IN WPC NO.29948 OF 2009 DATED 11.12.2009.
EXHIBIT P3 TRUE COPY OF THE LETTER NO.44977/J2/2013/ G.EDN. DATED 14.10.2015 OF THE GOVT.
EXHIBIT P4 TRUE COPY OF THE REVISION PETITION MOVED BEFORE THE GOVERNMENT DATED 25.5.2017.
EXHIBIT P5 TRUE COPY OF THE REMINDER REPRESENTATION SUBMITTED BEFORE THE GOVERNMENT DATED 17.12.2020.
EXHIBIT P6 TRUE COPY FO THE JUDGMENT IN WPC NO.20919/2015 DATED 10.12.2015.
EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN WPC NO.20912/2016 DATED 7.7.2016.
EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN WPC NO.680 OF 2017 DATED 8.4.2019.
RESPONDENT'S/S EXHIBITS: NIL
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