Lilli P.J vs State Of Kerala
2023 Latest Caselaw 2714 Ker

WP(C) NO. 6950 OF 2023               1



                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944
                          WP(C) NO. 6950 OF 2023
PETITIONER/S:

               LILLI P.J.
               AGED 53 YEARS
               W/O RAPHAEL T.J, LPST, CPN UPS VATTAKKULAM, P.O.
               VATTAKKULAM, MALAPPURAM - 679 578 HAVING PERMANENT
               RESIDENCE AT THATTIL HOUSE, NEAR ST. ANTONY'S
               CHURCH, ARIMPUR P.O, VELUTHUR, THRISSUR- 680 012 AND
               NOW RESIDING AT ST. JOSEPH'S CONVENT, PALLIPPADI,
               KUTTIPPURAM P.O., MALAPPURAM, PIN - 679571

               BY ADV J.G.SYAMNATH



RESPONDENT/S:

      1        STATE OF KERALA
               REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
               DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT
               SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001

      2        THE DEPUTY DIRECTOR OF EDUCATION
               DOWNHILL P.O, MALAPPURAM, PIN - 676519

      3        THE ASSISTANT EDUCATIONAL OFFICER
               OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
               KUTTIPURAM, MALAPPURAM, PIN - 679571

      4        THE DIRECTOR OF GENERAL EDUCATION
               DIRECTORATE OF GENERAL EDUCATION, JAGATHY P.O.
               THIRUVANANTHAPURAM, PIN - 695014

      5        THE DISTRICT EDUCATIONAL OFFICER TIRUR
               CIVIL STATION, TIRUR P.O, MALAPPURAM DISTRICT, PIN -
               676101
 WP(C) NO. 6950 OF 2023                 2


      6        THE ASSISTANT EDUCATIONAL OFFICER
               OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
               EDAPPAL, MALAPPURAM, PIN - 679576

      7        THE HEADMISTRESS
               CPN UPS VATTAKKULAM, P.O. VATTAKKULAM, MALAPPURAM,
               PIN - 679578


OTHER PRESENT:

               SMT. SURYA BINOY SR.GP




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   01.03.2023,         THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 6950 OF 2023              3




                       P.V.KUNHIKRISHNAN, J
                    ---------------------------------------
                       W.P.(C) No.6950 of 2023
                     --------------------------------------
                Dated this the 1st day of March, 2023



                               JUDGMENT

The above writ petition is filed with following prayers :

"i) To call for the records leading to Exhibit P8 and P13 orders and quash the P8 order and the portion of Exhibit-P13 order whereby non-sanctioning of the salary arrears from 01-09- 2022 to 11-12-2022 and the orders issued directing to re- arrange the period from 01-09-2022 to 11- 12-2022 as non-duty by the issuance of a Writ of Certiorari

ii) To issue a Writ of Mandamus directing respondents to disburse the arrears of salary from the month of September, 2022 to the petitioner forthwith and to not declare the period of service from 01- 09-2022 to 11-12-2022 as non-duty.

iii) To issue a Writ of Mandamus directing the 1" respondent to consider and pass orders in Exhibit- P16 revision petition submitted by the petitioner, within a time limit to be specified by this Hon'ble Court.

iv) To direct to dispense with the production of the English translation of documents in vernacular languages.

v) To grant such other relief as this Hon'ble Court deems fit and proper to grant." [SIC]

2. The petitioner was working as Headmistress in

charge in the cadre of Lower Primary School Teacher (LPST).

It is the case of the petitioner that although there has been

repeated directions from the educational authorities directing

the Manager to promote the petitioner as Headmistress no

proposal to that effect has been submitted by the Manager and

nor has any orders of promotion issued till date, is the

submission. For the academic year 2022-23, no fitness

certificate was issued to the school and therefore, all the

students in the school including existing students were

transferred to other schools is the further contention. Although

the petitioner had submitted representation to the 2nd

respondent seeking to be included in the list of protected

teachers eligible for deployment, she has not been included in

the same but her junior in the cadre of LPST has been

included. The petitioner approached this Court earlier and

following the directions issued by this Court, the 2 nd

respondent has issued orders deploying the petitioner and the

petitioner has also joined duty in the place of deployment.

However, salary arrears due to the petitioner from 01.09.2022

till 12.12.2022 has been withheld and had not been ordered to

be issued to the petitioner. Aggrieved by the same, the

petitioner submitted Ext.P16 revision before the 1 st

respondent. The grievance of the petitioner is that the same is

not considered.

3. Heard the learned counsel for the petitioner and the

learned Government Pleader. No notice is necessary to 7 th

respondent at this stage.

4. Since the limited prayer of the petitioner is only for a

consideration of Ext.P16 revision, I think the same can be

allowed.

Therefore, this writ petition is allowed in the following

manner :

1) The 1st respondent is directed to consider and pass

appropriate orders in Ext.P16 as expeditiously as possible,

at any rate, within four months from the date of receipt of

a copy of this judgment with notice to the petitioner.

2) The petitioner will produce a certified copy of this

judgment along with a copy of the writ petition before the

1st respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 6950/2023

PETITIONER EXHIBITS

Exhibit-P1 A TRUE COPY OF THE ORDER DATED 26-05-2022 OF THE 2ND RESPONDENT

Exhibit-P2 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE ASSISTANT ENGINEER, LSGD KUTTIPPURAM

Exhibit-P3 A TRUE COPY OF THE SAID REPRESENTATION DATED 12.07.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

Exhibit-P4 A TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 27.08.2022

Exhibit-P5 A TRUE COPY OF THE REPRESENTATION DATED 12.10.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT

Exhibit-P6 A TRUE COPY OF THE ORDER DATED 28.06.2022 ISSUED BY THE AEO, CHAVAKKAD

Exhibit-P7 A TRUE COPY OF THE ORDER DATED 30-04-2022 OF THE 3RD RESPONDENT

Exhibit-P8 A TRUE COPY OF THE ORDER DATED 01.11.2022 ISSUED BY THE 3RD RESPONDENT

Exhibit-P9 A TRUE COPY OF THE REPRESENTATION DATED 11-11-2022 SUBMITTED BEFORE THE 2ND RESPONDENT THOROUGH THE 3RD RESPONDENT

Exhibit-P10 A TRUE COPY OF THE REPRESENTATION DATED 11-11-2022 SUBMITTED BEFORE THE 3RD RESPONDENT

Exhibit-P11 A TRUE COPY OF THE JUDGMENT IN W.P(C) 36686/2022 DATED 16-11-2022

Exhibit-P12 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND

RESPONDENT DATED 06-01-2023

Exhibit-P13 A TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT VIDE NO. B3/3/2023 DATED 12-02-

Exhibit-P14 A TRUE COPY OF THE ORDER DATED 24-11-2022 ISSUED BY THE 4TH RESPONDENT

Exhibit-P15 A TRUE COPY OF THE ATTENDANCE REGISTER OF THE PETITIONER FROM SEPTEMBER, 2022 TO FEBRUARY, 2023

Exhibit-P16 A TRUE COPY OF THE REVISION PETITION FILED BY THE PETITIONER DATED 22-02-2023 BEFORE THE 1ST RESPONDENT