Sr.Lissy.V.K vs The State Of Kerala
2023 Latest Caselaw 6266 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
          THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     MONDAY, THE 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945
                      WP(C) NO. 18856 OF 2023


PETITIONER:

             SR.LISSY.V.K
             AGED 56 YEARS
             D/O KURIAYAPPAN RETIRED LOWER PRIMARY SCHOOL
             TEACHER ST.MARYS CONVENT LOWER PRIMARY SCHOOL,
             MATTOM P.O, THRISSURDISTRICT. (RESIDING AT
             ASSUMPTION CONVENT, MATTOM,THRISSUR )., PIN -
             680602
             BY ADVS.
             V.A.MUHAMMED
             V.RAJASEKHARAN NAIR

RESPONDENTS:

      1      THE STATE OF KERALA
             REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
             GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-
             II, THIRUVANANTHAPURAM - 695 001, PIN - 695001
      2      THE DIRECTOR OF GENERAL EDUCATION
             JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
      3      THE DEPUTY DIRECTOR OF EDUCATION
             CIVIL STATION, AYANTHOL, THRISSUR DISTRICT,
             PIN - 680003
      4      THE ASSISTANT EDUCATIONAL OFFICER
             KUNNAMKULAM, THRISSUR DISTRICT, PIN - 680503
      5      THE HEADMASTER
             ST. MARYS CONVENT LOWER PRIMARY SCHOOL, MATTOM
             P.O, THRISSUR DISTRICT, PIN - 680602
OTHER PRESENT:

             SMT.SURYA BINOY, GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   12.06.2023,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C).No.18856 /2023

                                  2




                   P.V.KUNHIKRISHNAN, J.
                    --------------------------------
                   W.P.(C).No.18856 of 2023
             ----------------------------------------------
            Dated this the 12th day of June, 2023


                           JUDGMENT

This writ petition is filed with following prayers:

i. call for the records relating to Exhibits P-5 and P-

7 and set aside the originals of the same to the extent it denies Higher Grade from 15.07.2009 and Senior Grade from 15.07.2016 reckoning service from 15.07.2001 to 03.06.2007 as Full Time Urdu Teacher by issue of a writ of certiorari or other appropriate writ or order.

ii. declare that the Petitioner is entitled for Higher Grade from 15.07.2009 and Senior Grade from 15.07.2016 reckoning service from 15.07.2001 to 03.06.2007 as Full Time Urdu Teacher. iii. issue a writ of mandamus or other appropriate writ order or direction commanding the Respondents to sanction the pensionary benefits to the Petitioner forthwith iv. direct the 1st Respondent to consider and pass orders on Exhibit P-10 Revision Petition after having given an opportunity of being heard to the Petitioner with in a time frame.

WP(C).No.18856 /2023

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

vi. 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)

2. When this writ petition came up for consideration,

the counsel for the petitioner submitted that the petitioner will

be satisfied if a direction is issued to the 1 st respondent to

consider Ext.P10 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 1st respondent to

consider Ext.P10 within a time frame.

Therefore, this writ petition is disposed of in the

following manner:

1. The 1st respondent is directed to consider and

pass appropriate orders in Ext.P10, after

affording an opportunity of hearing to the

petitioner, as expeditiously as possible, at any

rate, within within four months from the date of WP(C).No.18856 /2023

receipt of a stamped certified copy of this

judgment.

2. While deciding the matter, the 1st respondent

will also consider the applicability of Exts.P8, P9

and P11.

3. The 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 JV JUDGE WP(C).No.18856 /2023

APPENDIX OF WP(C) 18856/2023 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 03.06.1996 (ALONG WITH TYPED COPY) Exhibit P-2 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 04.06.2007 Exhibit P-3 TRUE COPY OF THE ORDER OF THE ASSISTANT EDUCATIONAL OFFICER, CHERPU DATED 05.08.2011 GRANTING HIGHER GRADE FROM 15.07.2009 (ALONG WITH TYPED COPY) Exhibit P-4 TRUE COPY OF THE ORDER OF THE ASSISTANT EDUCATIONAL OFFICER, CHERPU IS DATED 30.03.2017 Exhibit P-5 TRUE COPY OF THE LETTER OF THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR ADDRESSING THE ASSISTANT EDUCATIONAL OFFICER, KUNNUKULAM VIDE NO.DDETSR/8882/22/E1 DATED 31.10.2022 Exhibit P-6 TRUE COPY OF THE LETTER OF THE HEADMISTRESS, ST.MARY'S, CLPS, MATTOM, KUNNUMKULAM ADDRESSING THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR DATED ..12.2022 OF THE HEADMISTRESS Exhibit P-7 TRUE COPY OF THE LETTER OF THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR ADDRESSING THE ASSISTANT EDUCATIONAL OFFICER, KUNNUMKULAM VIDE DDETSR/8882/2022-E4 DATED 19.01.2023 Exhibit P-8 TRUE COPY OF THE GOVERNMENT CIRCULAR NO.46/2008/FIN DATED 08.08.2008 Exhibit P-9 TRUE COPY OF THE G.O(MS) NO.24/1971/S.EDN DATED 08.03.1971 Exhibit P-10 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 20.05.2023 Exhibit P-11 TRUE COPY OF THE G,O (P)705/1981(372)/FIN DATED 28.10.1981