Kerala High Court
Shobana Kumary.G vs State Of Kerala on 1 March, 2023
WP(C) NO. 6952 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. 6952 OF 2023
PETITIONER/S:
SHOBANA KUMARY.G
AGED 53 YEARS
W/O RAMACHANDRAN PILLAI, NON VOCATIONAL TEACHER IN
GFC, CAPT. N.P.P.M VHSS, KATTACHIRA, PALLICKAL,
ALAPUZHA DISTRICT, PIN- 690503, RESIDING AT TEJUS,
SOUTH MANKUZHY, PULLIKANAKKU (PO), KAYAMKULAM,
ALAPUZHA DISTRICT., PIN - 690537
BY ADVS.
R.REJI
M.V.THAMBAN
THARA THAMBAN
B.BIPIN
ARUN BOSE
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
THIRUVANANTHAPURAM, PIN - 695033
3 THE DEPUTY DIRECTOR OF VOCATIONAL EDUCATION
THE DEPUTY DIRECTOR OF VOCATIONAL EDUCATION, OFFICE
OF THE DEPUTY DIRECTOR OF VOCATIONAL EDUCATION,
THIRUVANANTHAPURAM., PIN - 695001
4 THE ASSISTANT DIRECTOR OF VOCATIONAL EDUCATION
CHENGANNUR, ALAPPUZHA DISTRICT, PIN - 689121
WP(C) NO. 6952 OF 2023 2
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. 6952 OF 2023 3
P.V.KUNHIKRISHNAN, J
-------------------------------------
W.P.(C.) No. 6952 of 2023
--------------------------------------
Dated this the 1st day of March, 2023
JUDGMENT
The above writ petition is filed with following prayers :
"(i) To issue a declaration that Ext.P1 government order
limiting the benefits prospectively from the date of the said
order is arbitrary and illegal.
(ii) To issue a writ of mandamus or any other appropriate
writ, order or direction, directing the respondents to e pay the
salary to the petitioner in the pay of scale attached to the
junior Higher Secondary Teacher in terms with Exhibit Pl
government order from 09.08.2007 onwards in view of Exhibit
P2 judgment, with 12% interest calculated from 09.08.2007 to
the date of actual payment.
(iii) To dispense with the translation of vernacular documents
(iv) To issue such other further relief as this Hon'ble Court
may deem fit and proper in the facts and circumstances of this
case." [SIC]
2. When this writ petition came up for consideration,
the learned counsel for the petitioner submitted that the
petitioner will be satisfied if a direction is issued to consider
Ext.P4 representation. The counsel also submitted that the
petitioner may be allowed to file an additional representation.
3. Heard the learned Government Pleader also.
4. After hearing both sides, I am of the considered
opinion that this writ petition itself can be disposed of
directing the 1st respondent to consider Ext.P4 within a time
frame.
Therefore, this writ petition is disposed of with the
following directions :
1) The 1st respondent is directed to consider and pass
appropriate orders in Ext.P4 as expeditiously as possible,
at any rate, within four months from the date of receipt of
a copy of this judgment.
2) The petitioner is free to submit additional representation
if any also, while producing the certified copy of this
judgment before the 1st respondent.
3) The petitioner will produce a certified copy of this
judgment along with a copy of this writ petition and
additional representation if any before the 1st respondent
for compliance.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX OF WP(C) 6952/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF G.O(MS) NO. 176/2013/G.EDN
DT. 29.05.2013
Exhibit P2 TRUE COPY OF THE JUDGMENT DATED 27.11.2019
IN W.P(C) NO. 8000/2015 OF THIS HON'BLE
COURT.
Exhibit P3 A COPY OF THE JUDGMENT DATED 10.10.2022 IN
W.P(C)NO.4926/2009
Exhibit- P4 TRUE COPY OF THE REPRESENTATION DATED
08.01.2023 OF THE PETITIONER .
