Kerala High Court
Latha A vs The State Of Kerala on 6 July, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
WP(C) NO. 21973 OF 2022
PETITIONER:
LATHA A
AGED 44 YEARS
WIFE OF KANNAN, UPPER PRIMARY SCHOOL TEACHER (UPST),
C H MOHAMMED KOYA SAHIB MEMORIAL UPPER PRIMARY SCHOOL,
NANDANKIZHAYA, P.O. ANAMARY, KOLLENGODE,
PALAKKAD DISTRICT-678506.
(RESIDING AT SHREE VAISHNAVAM, AISWARYA NAGAR,
KANDANCHIRA, P.O. ANAMARY, PALAKKAD DISTRICT-678506)
(M-93885 70318).
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-695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
CIVIL STATION, PALAKKAD-678 001.
4 THE ASSISTANT EDUCATIONAL OFFICER,
KOLLENGODE, PALAKKAD DISTRICT-678 506.
5 THE MANAGER,
CH MOHAMMED KOYA SAHIB MEMORIAL UPPER PRIMARY SCHOOL,
NANDANKIZHAYA, P.O. ANAMARY, KOLLENGODE,
PALAKKAD DISTRICT-678506.
SMT.ANIMA, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 21973 OF 2022 2
JUDGMENT
The petitioner states that she has commenced continuous
approved service as UPSA from 16.7.2007 in C H Mohammed Koya Sahib
Memorial Upper Primary School, Nandankizhaya. Her grievance is that she
is getting only a lesser pay than her junior working in the same school
and who had continuous service only from 29.10.2008. Raising her
grievances, she is stated to have preferred Ex.P6 representation before
the 1st respondent requesting to rectify the junior-senior anomaly. The
limited request in this writ petition is for expeditious consideration of
Ext.P6 by the 1st respondent.
2. I have heard Sri.M.Sajjad, the learned counsel appearing for
the petitioner and Smt.Anima, the learned Government Pleader.
3. In the nature of the order that I propose to pass, notice to
the 5th respondent is dispensed with.
4. After having carefully evaluated the contentions raised in this
writ petition, the submissions made across the Bar, and the facts and
circumstances, I am of the view that this writ petition can be disposed of at
the admission stage itself by issuing the following directions:
a) There will be a direction to the 1st respondent
to take up, consider and pass appropriate orders on
Ext.P6, after affording an opportunity of being heard,
either physically or virtually, to the petitioner herein or her
authorised representatives and the 5th respondent.
b) Orders, as directed above, shall be passed
expeditiously, in any event, within a period of two months
from the date of production of a copy of this judgment.
c) It would be open to the petitioner to produce
a copy of the writ petition along with the judgment before
the concerned respondent for further action.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
sru
APPENDIX OF WP(C) 21973/2022
PETITIONER'S EXHIBITS :
Exhibit P1 TRUE COPY OF THE ORDER NO. B/1212/13 DATED
19.12.2013 OF THE AEO, KOLLENGODE.
Exhibit P2 TRUE COPY OF THE STATEMENT OF FIXATION OF PAY
OF THE PETITIONER.
Exhibit P3 TRUE COPY OF THE RELEVANT PAGE OF G.O. (P) NO.
85/2011/FIN. DATED 26.02.2011 (ANNEXURE II).
Exhibit P4 TRUE COPY OF THE LETTER NO. B1/925/2020/D.DIS
DATED 09.01.2021 OF THE AEO, KOLLENGODE ALONG
WITH TYPED COPY.
Exhibit P5 TRUE COPY OF THE ORDER NO. B.2204/2018/K.DIS.
DATED 11.12.2018 OF THE AEO, KOLLENGODE.
Exhibit P6 TRUE COPY OF THE REPRESENTATION SUBMITTED
BEFORE THE GOVERNMENT DATED 01.12.2021.
RESPONDENTS EXHIBITS : NIL
