Citation : 2023 Latest Caselaw 5100 Ker
Judgement Date : 13 April, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 13TH DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
WP(C) NO. 13589 OF 2023
PETITIONERS:
KRIPALAKSHMI P. K.
AGED 57 YEARS
SOUPARNIKA , PERODE P. O., NADAPURAM,
KOZHIKODE -673504. (RETIRED JR URDU TEACHER,
KURUVANTHERI UP SCHOOL, NADAPURAM,
KOZHIKODE, PIN - 673504
BY ADVS.
T.T.MUHAMOOD
V.E.ABDUL GAFOOR
NAZEER HUZAIN.H
LAKSHMI PRIYA C.B.
FEENA MELEETA ARUJA
RESPONDENTS:
1 STATE OF KERALA
REP. BY THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT
THRIUVANANTHAPURAM, PIN - 695001
2 DEPUTY DIRECTOR OF EDUCATION
OFFICE OF THE DDE, KOZHIKODE, PIN - 673001
3 ASSISTANT EDUCATIONAL OFFICER
OFFICE OF THE AEO, NADAPURAM KOZHIKODE, PIN - 673504
4 ACCOUNTANT GENERAL (A&E)
OFFICE OF THE ACCOUNTANT GENERAL (A&E) KERALA,
THIRUVANANTHAPURAM, PIN - 695001
5 MANAGER
KURUVANTHERI UP SCHOOL, NADAPURAM,
KOZHIKODE, PIN - 673504
SMT.NISHA BOSE, SENIOR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 13589 OF 2023
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C)No. 13589 of 2023
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Dated this the 13th day of April, 2023
JUDGMENT
The above writ petition is filed with the following
prayers:
"(i) A writ of mandamus or any other appropriate writ, order or direction, directing the respondent No. 1 to 4 to re- compute the retirement benefits of the petitioner, reckoning the period of service from 20-06-1991 to 04-06-2009 also as qualifying service and sanction and disburse the consequential benefits within a stipulated time.
(ii) A writ of mandamus or any other appropriate writ, order or direction, directing the respondent No. 1 to consider and pass orders on Exhibit P3 representation within the time stipulated by this Hon'ble Court.
(iii) Petitioner may be permitted to dispense with the filing of transaction of the vernacular documents.
And Such other writ, order or direction as this Hon'ble Court may deem fit in the facts and circumstances of the case. "[SIC] WP(C) NO. 13589 OF 2023
2. When this writ petition came up for
consideration, the counsel appearing for the petitioner
submitted that the petitioner will be satisfied if a
direction is issued to the 1st respondent to consider
Ext.P3 within a time frame.
3. Heard the learned Government Pleader also.
4. After hearing both sides, I think this writ
petition itself can be disposed of directing the 1 st
respondent to consider Ext.P3 within a time frame.
Therefore, this writ petition is disposed of in the
following manner:
i. The 1st respondent is directed to consider
and pass appropriate orders in Ext.P3 with notice to
the petitioner and 5th respondent, as expeditiously as
possible, at any rate, within a period of four months
from the date of receipt of a stamped certified copy
of this judgment.
ii. While considering Ext.P3, the 1 st WP(C) NO. 13589 OF 2023
respondent will advert Ext.P1 also.
iii. Petitioner will produce a stamped certified
copy of this judgment along with a copy of this writ
petition before the 1st respondent for compliance.
Sd/-
P.V.KUNHIKRISHNAN DM JUDGE WP(C) NO. 13589 OF 2023
APPENDIX OF WP(C) 13589/2023
PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER NO.
KDIS/C/4921/10 DATED 25-09-2010 ISSUED BY THE 3RD RESPONDENT EXHIBIT P2 TRUE COPY OF THE VERIFICATION REPORT NO. PR 2102171302/P-3/2/1021500037 DATED 26-02-2021 ISSUED BY THE 4TH RESPONDENT EXHIBIT P3 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 08-08-2021
RESPONDENT EXHIBITS: NIL
//TRUE COPY// PA TO JUDGE
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