K.S.Jyothi vs The State Of Kerala
2023 Latest Caselaw 6309 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
   MONDAY, THE 12TH DAY OF JUNE 2023 / 22ND JYAISHTA, 1945
                      WP(C) NO. 5568 OF 2013
PETITIONER:

         K.S.JYOTHI
         AGED 38 YEARS, W/O. KESAVAN NAMBOOTHIRI, HIGH
         SCHOOL ASSISTANT (SOCIAL SCIENCE), MAHATMA HIGH
         SCHOOL FOR BOYS, CHENNITHALA, ALAPPUZHA DISTRICT -
         690 105.
         BY ADVS.
         SRI.V.A.MUHAMMED
         SRI.K.E.HAMZA
RESPONDENTS:
    1     THE STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT, SECRERTARIAT,
          THIRUVANANTHAPURAM - 695 001.
    2     THE DIRECTOR OF PUBLIC INSTRUCTIONS
          JAGATHY, THIRUVANANTHAPURAM - 695 014.
    3     THE DISTRICT EDUCATIONAL OFFICER
          MAVELIKKARA, ALAPPUZHA DISTRICT - 689 101.
    4     THE MANAGER
          MAHATMA HIGH SCHOOL BOYS, CHENNITHALA, ALAPPUZHA
          DISTRICT - 690 105.
    5     THE HEADMISTRESS
          MAATMA HIGH SCHOOL FOR BOYS, CHENNITHALA,
          ALAPPUZHA DISTRICT - 690 105.
          BY ADVS.
          GOVERNMENT PLEADER
          GOVERNMENT PLEADER
OTHER PRESENT:

          GP - JOBY JOSEPH
    THIS WRIT PETITION (CIVIL) HAVING COME UP
FOR ADMISSION ON 12.06.2023, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C). No.5568 of 2013        :2:




                          VIJU ABRAHAM, J.
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                      W.P.(C). No.5568 of 2013
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                  Dated this the 12th day of June, 2023

                             JUDGMENT

The above writ petition is filed seeking a direction to the 3 rd

respondent to draw and disburse the salary and allowances due

to the petitioner for the period from 01.06.2011 to 31.12.2012, on

the strength of Ext.P1 order.

2. A counter affidavit has been filed by the 3 rd respondent

wherein it is stated that the 3rd respondent has sought

clarification from the Director of General Education to issue

appropriate orders with regard to the eligibility of the petitioner

for getting salary for the period from 01.06.2011 to 31.12.2012.

3. This Court has directed the Government Pleader to get

instructions as to whether the said benefits have been paid to the

petitioner. The learned Government Pleader upon instructions

submitted that the claim raised in this writ petition has already

been settled and the amounts have been paid to the petitioner.

Therefore, nothing survives in this writ petition and

recording the submission of the learned Government Pleader, the

writ petition is closed.

Sd/-

VIJU ABRAHAM JUDGE sm/

APPENDIX OF WP(C) 5568/2013

Petitioner's EXHIBITS EXHIBIT-P1 The true copy of the order No.EC1/45039/2012/DPI/K.Dis dated 12.09.2012 of the 2nd respondent EXHIBIT-P2- The true copy of the appointment order dated 1/6/2011 and the approval there of. EXHIBIT-P3- The true copy of the letter of the headmistress of the school dated 08.02.2013 EXHIBIT-P4- The true copy of the letter of the District Educational Officer dated 15.02.2013 EXHIBIT-P5- The true copy of the decision reported in 1993 (2) KLT SN page 27 case No.28 dated 02.08.1993 EXHIBIT-P6- True copy of the Judgment in W.P. (C) No. 8851 of 2009 dated 23.3.2011 EXHIBIT-P7- True copy of the G.O. (Ms.) No. 11/2002/G.Edn. dated 7.1.2002 of the Government EXHIBIT-P8- True copy of the G.O. (Ms.) No. 125/2001/G.Edn. of the Government dated 2.4.2001 EXHIBIT-P9- True copy of the decision reported in 2008 (2) KLT 771 (SC) dated 8.5.2001

EXHIBIT-P10- True copy of the Judgment in W.A. No. 1218 of 1991 dated 26.5.1999 EXHIBIT-P11- True copy of the Judgment in O.P. No. 35436/2002-R dated 3.2.2010 EXHIBIT-P12- True copy of the Letter of the Government dated 31.03.2011 EXHIBIT-P13- True copy of the Circular of the Government dated 19.1.2010

RESPONDENTS' EXHIBIT EXHIBIT R3(A) PHOTOCOPY OF THE ORDER NO.EC1/38977/12/DPI.K.DIS. DATED 22.01.2013 ISSUED BY THE 2ND RESPONDENT