Rajimol Joseph vs State Of Kerala
2023 Latest Caselaw 4541 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
         THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                   WP(C) NO. 38227 OF 2022
PETITIONER:

          RAJIMOL JOSEPH
          AGED 42 YEARS
          W/O. ANUP MATHEW KURIAN,
          HIGHER SECONDARY SCHOOL TEACHER (JR) COMPUTER
          SCIENCE, ST.ALOYSIUS HSS, EDATHUA,
          THIRUVALLA, ALAPPUZHA DISTRICT. PIN: 689573
          RESIDING AT VANIYAPURAKKAL, EDATHUA,
          THIRUVALLA, ALAPPUZHA DISTRICT. PIN: 689573
          BY ADVS.
          K.T.SHYAMKUMAR
          HARISH R. MENON
          K.N.ABHA
          A.G.PRASANTH
          K.S.SREEJA
          OASHIN LALAN
          ALEENA SEBASTIAN

RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT,
          THIRUVANANTHAPURAM- 695001
    2     DIRECTOR GENERAL OF EDUCATION (HIGHER SECONDARY)
          DIRECTORATE OF GENERAL EDUCATION,
          HIGHER SECONDARY WING, HOUSING BOARD BUILDINGS,
          SANTHI NAGAR, THIRUVANANTHAPURAM- 695001
    3     THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
          EDUCATION
          HIGHER SECONDARY EDUCATION,
          CHENGANNUR, ALAPPUZHA DISTRICT. PIN:689121
          ADV.NISHA BOSE, SR.GP
THIS    WRIT   PETITION   (CIVIL)    HAVING   COME      UP   FOR
ADMISSION ON 12.04.2023, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
 WP(C).No.38227/2022

                                    2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.38227 of 2022
             ----------------------------------------------
            Dated this the 12th day of April, 2023


                            JUDGMENT

This writ petition is filed with following prayers:

i. Call for the records leading to the issuance of Exhibit P8 and P9 orders and quash the same by issuing a writ in the nature of certiorari or any other appropriate writ, order or direction. ii. Declare that in view of Rule 61(4) of Chapter XIV A, KER, the Petitioner is entitled to count the period from 5-8-2006 to 10-12-2017 during which she had worked in a leave vacancy in a time scale for increment and higher grade and the denial of the same to the Petitioner who is a Higher Secondary School teacher amounts to hostile discrimination and violation of Articles 14 and 16 of the Constitution of India.

iii. Issue a writ in the nature of mandamus or any other appropriate writ, order or direction directing the Respondents to count the period from 5-8-2006 to 10-12- 2017 during which the Petitioner had worked in a leave vacancy in a time scale for grant of increment, higher grade and all other service benefits.

WP(C).No.38227/2022

iv. Dispense with filing of the translation of vernacular documents v. Issue such other order / direction as this Hon'ble Court deems fit and proper under the circumstances of this case.

(SIC)

2. When this writ petition came up for consideration,

the counsel for the petitioner submitted that the prayers in

this writ petition are infructuous in the light of G.O.(P).

No.16/2022/G.Edn dated 23.12.2022. Therefore this writ

petition can be disposed OF in the light of the above

Government Order.

Therefore, this writ petition is disposed of in the light of

G.O.(P). No.16/2022/G.Edn dated 23.12.2022 and there will be

a further direction to the competent authority among the

respondents to disburse the consequential benefits to the

petitioner.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.38227/2022

APPENDIX OF WP(C) 38227/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PAGE OF THE SERVICE BOOK OF THE PETITIONER SHOWING THE APPROVAL OF SERVICE IN BROKEN SPELLS Exhibit P2 TRUE COPY OF THE ORDER NO.TRO/7/907/06 HSE DATED 4-11-2006 ISSUED BY THE RDD, THIRUVANANTHAPURAM Exhibit P3 TRUE COPY OF THE ORDER NO.

TRO/7/907/06 HSE DATED 28-11-2008 ISSUED BY THE RDD THIRUVANANTHAPURAM Exhibit P4 TRUE COPY OF THE ORDER DATED 4-6-2013 ISSUED BY THE RDD, THIRUVANANTHAPURAM Exhibit P5 TRUE COPY OF THE ORDER NO.

9959/C7/2017/RDD/CNGR DATED 23-4-2018 ISSUED BY THE 3RD RESPONDENT Exhibit P6 TRUE COPY OF THE ORDER NO.6038/C3/2021/RDD/CNGR DATED 24-2- 2022 ISSUED BY THE 3RD RESPONDENT Exhibit P7 TRUE COPY OF THE ORDER NO.2828/C3/2022/RDD/CNGR DATED 10-6- 2022 ISSUED BY THE 3RD RESPONDENT Exhibit P8 TRUE COPY OF G.O. (P) NO.21/2018/FIN.

DATED 16-02-2018 Exhibit P9 TRUE COPY OF G.O.(P) NO.47/2018/FIN DATED 21-03-2018 Exhibit P10 TRUE COPY OF THE GO(MS) 401/2019/FIN DATED 28-10-2019 Exhibit P11 TRUE COPY OF THE JUDGEMENT DATED 18-9-

2018 IN W.P.(C) NO:892/2017 OF THIS HONOURABLE COURT