Cristy K.J vs The State Of Kerala
2023 Latest Caselaw 4566 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. 42424 OF 2022


PETITIONER:

          CRISTY K.J.,
          AGED 32 YEARS
          W/O. JAIN ANTONY K, HST (MATHEMATICS),
          ST. JOSEPH'S H.S., PANGARAPPILLY,
          THRISSUR DISTRICT 680 586,
          (RESIDING AT KAKKASSERY HOUSE, P.O. MATTOM,
          THRISSUR 680 602).
          BY ADVS.
          V.A.MUHAMMED
          M.SAJJAD

RESPONDENTS:

    1     THE STATE OF KERALA,
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM- 695 001.
    2     THE DIRECTOR OF GENERAL EDUCATION,
          JAGATHY, THIRUVANANTHAPURAM 695 014.
    3     THE DEPUTY DIRECTOR,
          CIVIL STATION, AYANTHOLE, THRISSUR- 680 003.
    4     THE DISTRICT EDUCATIONAL OFFICER,
          CHAVAKKAD, THRISSUR DISTRICT- 680 506.
    5     THE MANAGER,
          ST. JOSEPH'S H.S., PANGARAPPILLY,
          THRISSUR DISTRICT 680 586.
    6     THE HEADMASTER,
          ST. JOSEPH'S H.S. PANGARAPPILLY,
          THRISSUR DISTRICT 680 586.
          BY 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.42424/2022

                                     2



                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.42424 of 2022
             ----------------------------------------------
            Dated this the 12th day of April, 2023


                              JUDGMENT

This writ petition is filed with following prayers:

i. declare that the Petitioner is entitled to get approval to her promotion as HST Mathematics from 05.06.2019 onwards and consequential benefits, for she was appointed against an admissible vacancy.

ii. issue a writ of mandamus or other appropriate writ order or direction commanding the 4 th Respondent to approve the promotion of the Petitioner from 05.06.2019 as HST Mathematics and disburse the attendant benefits forthwith.

iii. to dispense with filing of English translation of vernacular documents produced along with the Writ Petition.

iv. pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.

(SIC) WP(C).No.42424/2022

2. Today, when this writ petition came up for

consideration, the counsel for the petitioner submitted that

subsequent to the filing of this writ petition, as per Ext.P10

order, the petitioner's appointment is already approved. What

remains is only the consequential benefits based on Ext.P10.

3. Heard the learned Government Pleader also.

4. After hearing both sides, I think this writ petition

itself can be disposed of directing the Educational Authorities

to disburse the consequential benefits based on Ext.P10 within

a time frame.

Therefore, this writ petition is disposed of in the

following manner:

1. The 6th respondent shall submit a proposal for

getting the consequential benefits to the

petitioner based on Ext.P10, within one month

from the date of receipt of a stamped certified

copy of this judgment.

2. Once the proposal is received, the 4 th respondent

will consider the same and pass appropriate

orders and extend the eligible benefits to the

petitioner, as expeditiously as possible, at any WP(C).No.42424/2022

rate within two months from the date of receipt

of the proposal.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.42424/2022

APPENDIX OF WP(C) 42424/2022

PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER AS LPSA W.E.F 01.06.2011.

Exhibit P2 TRUE COPY OF THE DEGREE CERTIFICATE ISSUED BY THE INDIRA GANDHI NATIONAL OPEN UNIVERSITY NO. IG31-60351 DATED 13.02.2017.

Exhibit P3 TRUE COPY OF THE GRADE CARD ISSUED TO THE PETITIONER FROM INDIRA GANDHI NATIONAL OPEN UNIVERSITY WITH CERTIFICATE NO. U0026297 DATED 20.02.2017.

Exhibit P4 TRUE COPY OF THE RELEVANT PAGES OF THE SERVICE BOOK OF THE PETITIONER. Exhibit P5 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 05.06.2019. Exhibit P6 TRUE COPY OF THE ORDER NO.

B4/214334/2021 DATED 26.03.2022 OF THE DDE, THRISSUR.

Exhibit P7 TRUE COPY OF THE COMMUNICATION OF THE DEO VIDE ORDER NO. DEO CKD/10547/2022- B2 DATED 21.06.2022.

Exhibit P8 TRUE COPY OF THE DECISION REPORTED IN 2013 (1) KLT 935= 2003 KHC 158 DATED 21.03.2002 Exhibit P9 TRUE COPY OF THE DECISION REPORTED IN 2009 KHC 1287= 2010 (1) KLT SN 74 DATED 12.11.2009.

Exhibit P-10 TRUE COPY OF THE ORDER NO.

B2/29378/2021 DATED 01.02.2023 OF THE DEO, CHAVAKKAD