Sindhu Joseph vs State Of Kerala
2023 Latest Caselaw 8938 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     MONDAY, THE 14TH DAY OF AUGUST 2023 / 23RD SRAVANA, 1945
                        WP(C) NO. 26784 OF 2023
PETITIONER:

          SINDHU JOSEPH
          AGED 48 YEARS
          W/O SANTHOSH M. VADATH, HIGHER SECONDARY SCHOOL TEACHER
          (HINDI), ST. PETER'S HSS, KOLENCHERY, ERNAKULAM
          DISTRICT (RESIDING AT VADATH, EZHAKKARANAD SOUTH,
          ERNAKULAM-682 308), PIN - 682311
          BY ADVS.
          V.A.MUHAMMED
          M.SAJJAD


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
          EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
          THIRUVANANTHAPURAM, PIN - 695001
    2     THE DIRECTOR OF GENERAL EDUCATION,
          (HIGHER SECONDARY WING), HOUSING BOARD BUILDINGS,
          SANTHI NAGAR, THIRUVANANTHAPURAM, PIN - 695001
    3     THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
          EDUCATION,
          SRV ROAD, ERNAKULAM SOUTH, ERNAKULAM DISTRICT, PIN -
          682011
    4     THE MANAGER,
          ST.PETER' HIGHER SECONDARY SCHOOL, KOLENCHERY,
          ERNAKULAM DISTRICT, PIN - 682311
    5     THE PRINCIPAL,
          ST.PETER' HIGHER SECONDARY SCHOOL, KOLENCHERY,
          ERNAKULAM DISTRICT, PIN - 682311


          NISHA BOSE SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) No.26784 OF 2023

                                     2

                             ANU SIVARAMAN, J.
                     =========================
                         W.P.(C) No.26784 of 2023
                    =========================
                    Dated this the 14th day of August, 2023
                               JUDGMENT

This writ petition is filed challenging Exhibt P12 to the extent

it reckons the period of service rendered by the petitioner as

HSST in a leave vacancy from 05.06.2006 to 17.07.2011 for

granting Higher Grade in the post of HSST (Junior ) instead of

reckoning it for Higher Grade in the post of HSST.

2. It is submitted that the petitioner has preferred Exhibit

P13 representation before the Government and seeks a

consideration thereof.

Having heard the learned Government Pleader also,

there will be a direction to the 1st respondent to take up Exhibit

P13 representation preferred by the petitioner and to consider and

pass orders on the same with notice to the petitioner and after

hearing her. Appropriate orders shall passed within a period of

three months from the date of receipt of a copy of this judgment.

Sd/-

ANU SIVARAMAN JUDGE SSK/14/08 WP(C) No.26784 OF 2023

APPENDIX PETITIONER EXHIBITS

Exhibit P-1 TRUE COPY OF PROCEEDINGS OF THE DIRECTOR OF HIGHER SECONDARY EDUCATION NO.

ACD.A6/16054/HSE/2001 DATED 23.12.2006 Exhibit P-2 TRUE COPY OF THE PROCEEDINGS OF THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, ERNAKULAM, ORDER NO. A5/2144/06 DATED 24.05.2010 Exhibit P-3 TRUE COPY OF THE PROCEEDINGS OF THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, ERNAKULAM ORDER NO. B1/1589/11/HSE DATED 07.12.2011 Exhibit P-4 TRUE COPY OF THE STATEMENT OF FIXATION W.E.F 01.07.2014 IN THE CADRE OF HSST HIGHER GRADE Exhibit P-5 TRUE COPY OF THE PROCEEDINGS OF THE REGIONAL DEPUTY DIRECTOR, HIGHER SECONDARY EDUCATION, ERNAKULAM, ORDER NO. B3/8993/RDD/HSE/EKM/16 DATED 14.01.2020 Exhibit P-6 TRUE COPY OF THE PROCEEDINGS OF THE MANAGER, ST.PETER'S VHSS, KOLENCHERY ORDER NO. SPHTCM/10/HSS/2008 DATED 15.06.2008 Exhibit P-7 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 26.07.2021 Exhibit P- 8 TRUE COPY OF THE GOVERNMENT LETTER NO.

E2/129/2021.G.EDN DATED 09.02.2022 Exhibit P-9 TRUE COPY OF THE GO(P) NO. 16/2022/G.EDN DATED 23.12.2022 Exhibit P-10 TRUE COPY OF THE JUDGMENT IN WP © NO.

38716/2022 DATED 01.02.2023 Exhibit P-11 TRUE COPY OF THE COMMUNICATION NO. RDD HSE/EKM/97/2023-B3 DATED 04.07.2023 Exhibit P-12 TRUE COPY OF THE FIXATION GRANTING REGULARIZATION OF PAY CONSEQUENT TO THE REVERSION AS HSST (JR) IN THE HIGHER GRADE I DATED NIL Exhibit P-13 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 05.07.2023