Kerala High Court
Vinima K vs State Of Kerala on 22 June, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 22ND DAY OF JUNE 2023 / 1ST ASHADHA, 1945
WP(C) NO. 25021 OF 2022
PETITIONER/S:
VINIMA K
AGED 38 YEARS
SANSKRIT TEACHER (FULL TIME), (UNDER PROTECTION), MERUVAMBAYI
MOPILA UP SCHOOL, MERUVAMBAYAI, PO NEERVELI, KANNUR DISTRICT-
670701.
BY ADV POOVAMULLE PARAMBIL ABDULKAREEM
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION
DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695001.
2 DIRECTOR OF GENERAL EDUCATION,
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHY,
THIRUVANANTHAPURAM-695014.
3 DISTRICT EDUCATIONAL OFFICER,
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THALASSERY, KANNUR
DISTRICT-670101.
4 ASSISTANT EDUCATIONAL OFFICER,
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, MATTANUR, KANNUR
DISTRICT-670702
5 HEADMASTER,
MERUVAMBAYI MOPILA UP SCHOOL, MERUVAMBAYI, PO NEERVELI, KANNUR
DISTRICT - 670701.
OTHER PRESENT:
Nisha Bose- SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22.06.2023, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C) No. 25021 of 2022
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P.V.KUNHIKRISHNAN J.
=====================
W.P.(C) No. 25021 of 2022
========================
Dated this the 22nd day of June, 2023
J U D G M E N T
The above Writ Petition is filed with the following
prayers:-
"i. To issue a writ of mandamus or any other appropriate writ
or order or direction directing the 4th respondent to disburse
all consequential benefits due to the petitioner covered under
Ext.P9 order dated 30/07/2020 as expeditiously as possible.
ii. To issue a writ of mandamus or order or direction directing
the respondents to revise and re-fix the pay of the petitioner in
the light of approval granted from 01/06/2011 and on account
of full time benefit from 01/06/2016 onwards and disburse
arrears due to the petitioner forthwith.
iii. To grant such other relief which this Hon'ble Court deems
fit and necessary in the interest of justice."[SIC]
W.P.(C) No. 25021 of 2022
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2. The petitioner is presently working as a full time
Sanskrit Teacher at Eruvessi K.K.N.M.A. UP School, Kannur
District. Though the petitioner appointed as full time Sanskrit
Teacher from 01.06.2011 onwards at Meruvambayi Mappila
UP School in the retirement vacancy, it is submitted that her
appointment was ordered to be approved from 01.10.2011
onwards by the 3rd respondent. Hence the period from
01.10.2011 to 31.03.2012 was approved on daily wages
denying approval from 01.06.2011 in the scale of pay. Hence,
the petitioner approached the higher authorities and also this
court which results in Ext.P7 judgment. Meanwhile, the
petitioner was granted full time benefit on completion of five
years of continuous approved service as part time by the 2 nd
respondent as per the directions of this court in W.P. (C)
No.35768/2018 with effect from 04.06.2017 onwards. In
compliance of Ext.P7 judgment, the 1st respondent issued
Ext.P8 order directing to approve the appointment of the
petitioner from the date of appointment. Though the 4th
W.P.(C) No. 25021 of 2022
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respondent issued consequential order as early as on
30.07.2020 granting approval as part time Sanskrit and full
time benefits from 01.06.2016 onwards, the monetary benefit
due to the petitioner is not so far disbursed is the grievance.
Hence this Writ Petition.
3. Heard the learned counsel appearing for the petitioner
and the Government Pleader.
4. When this Writ Petition came up for consideration, this
court directed the Government Pleader to get instructions. The
Government pleader, after getting instructions, submitted that
the petitioner worked only three days in a week from
01.06.2011 to 31.03.2017 and the approval is granted in full
time scale with effect from 01.06.2016. It is submitted that the
service period from 01.06.2016 to 31.03.2017 is to be
regularized. These are matters to be done by respondents 1 to
5. Admittedly, there is Exts.P7 judgment and consequential
orders passed as evident by Exts. P8 and P9. The same is to be
W.P.(C) No. 25021 of 2022
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implemented by the respondents as long as the same is in
force.
Therefore, this Writ Petition is disposed of directing the
respondents to implement Exts.P8 and P9 and disburse the
consequential benefits to the petitioner as expeditiously as
possible at any rate within a period of three months from the
date of receipt of a certified copy of this judgment.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
RMV
W.P.(C) No. 25021 of 2022
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APPENDIX OF WP(C) 25021/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 1/6/2011
ISSUED BY THE MANAGER
Exhibit P2 TRUE COPY OF THE ORDER NO. K.DIS. B/3919/2011 K.
DIS. DATED 30/4/2012 ISSUED BY THE 4TH RESPONDENT
Exhibit P3 TRUE COPY OF THE APPEAL PETITION DATED 11/6/2012
SUBMITTED BY THE MANAGER BEFORE THE 3RD RESPONDENT
Exhibit P4 TRUE COPY OF THE ORDER NO. B5/5037/2/K.DIS. DATED
23/4/2013 ISSUED BY THE 3RD RESPONDENT
Exhibit P5 TRUE COPY OF THE APPEAL DATED 3/11/2015 SUBMITTED BY
THE MANAGER
Exhibit P6 TRUE COPY OF THE REVISION PETITION DATED 28/06/2019
SUBMITTED BY THE PETITIONER
Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 04/07/2019 IN WP(C)
NO. 17476/2019 ISSUED BY THIS HON'BLE COURT
Exhibit P8 TRUE COPY OF THE G.O (RT) NO.931/ 2020/GEDN DATED
24/02/2020 ISSUED BY THE 1ST RESPONDENT
Exhibit P9 TRUE COPY OF THE ORDER NO.B-677/2020 DATED
30/07/2020 ISSUED BY THE 4TH RESPONDENT
RESPONDENTS' EXHIBITS:NIL
TRUE COPY
P.A.TO JUDGE
