Thresia M L vs State Of Kerala
2023 Latest Caselaw 3990 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                   WP(C) NO. 11317 OF 2023
PETITIONER:

          THRESIA M L,
          AGED 59 YEARS, W/O. WILSON
          L.P.S.T., KARUNA UPPER PRIMARY SCHOOL,
          THENNILAPURAM, ALATHUR, PALAKKAD - 678541
          RESIDING AT CHITTILAPPILLY HOUSE, KOZHUKKUTHY,
          NADATHARA, THRISSUR, PIN - 680751
          BY ADV U.BALAGANGADHARAN

RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY,
          GENERAL EDUCATION DEPARTMENT, GOVERNMENT
          SECRETARIAT (ANNEX), THIRUVANANTHAPURAM,
          PIN - 695001
    2     THE DIRECTOR OF GENERAL EDUCATION
          JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
    3     DEPUTY DIRECTOR OF EDUCATION, [ D.D.E. ]
          CIVIL STATION, PALAKKAD, PIN - 678001
    4     DISTRICT EDUCATIONAL OFFICER, [ D.E.O. ]
          CIVIL STATION, ROBINSON ROAD, PALAKKAD,
          PIN - 678001
    5     ASSISTANT EDUCATIONAL OFFICER, [ A.E.O. ]
          ALATHUR, PALAKKAD, PIN - 678541
    6     THE ACCOUNTANT GENERAL,
          OFFICE OF THE ACCOUNTANT GENERAL (A&E),
          THIRUVANANTHAPURAM, PIN - 695001
    7     MANAGER, KARUNA UPPER PRIMARY SCHOOL
          THENNILAPURAM, PALAKKAD, PIN - 678682
          ADV.NISHA BOSE, SR.GP

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.11317/2023

                                    2




                    P.V.KUNHIKRISHNAN, J.
                     --------------------------------
                    W.P.(C).No.11317 of 2023
              ----------------------------------------------
            Dated this the 30th day of March, 2023


                             JUDGMENT

This writ petition is filed with following prayers:

i. Call for the records leading to Exhibit P7 and quash the same by issuing writ in the nature of certiorari.

ii. Issue Writ in the nature of mandamus commanding the 6th respondent to revise Exhibit P4 PPO reckoning 6 months of qualifying service as granted in Exhibit P3 and 5 leap year days as per Exhibit P6 and treat the applicant to have rendered 23 years of service for the purpose of pension.

iii. Declare that the pension of the petitioner is liable to be revised taking into account 6 months of service as regularized in Exhibit P3 and 5 leap year days as permitted in Exhibit P6 and treat the applicant to have rendered 23 years as qualifying service for pension.

iv. Such other reliefs that the Hon'ble Court deem fit WP(C).No.11317/2023

and proper in the facts and circumstances of the case.

v. Dispense with the filing of translation of vernacular documents.

(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 6 th respondent to

consider Ext.P8 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 6th respondent to

consider Ext.P8 within a time frame, in the light of Exts.P3

and P6.

Therefore, this writ petition is disposed of in the

following manner:

1. The 6th respondent is directed to consider and

pass appropriate orders in Ext.P8, as

expeditiously as possible, at any rate, within two

months from the date of receipt of a stamped

certified copy of this judgment.

2. While deciding the matter, the 6th respondent WP(C).No.11317/2023

will also consider the applicability of Exts.P3 and

P6.

3. The petitioner will produce a stamped certified

copy of this judgment along with a copy of this

writ petition before the 6th respondent for

compliance.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.11317/2023

APPENDIX OF WP(C) 11317/2023

PETITIONER EXHIBITS Exhibit P 1 A TRUE COPY OF APPOINTMENT ORDER DATED 05.08.1997 ISSUED BY THE 7TH RESPONDENT TO THE PETITIONER Exhibit P 2 A TRUE COPY OF THE APPOINTMENT ORDER DATED 29.10.1997 ISSUED BY THE 7TH RESPONDENT TO THE PETITIONER Exhibit P 3 A TRUE COPY OF THE G.O. (RT) NO.

3043/2021/G.EDN DATED 17.06.2021 Exhibit P 4 A TRUE COPY OF THE PENSION PAYMENT ORDER [ PPO NO. 112181105 ] DATED 06.01.2021 Exhibit5 P 5 A TRUE COPY OF THE COMMUNICATION NO.

A/3093/2022 DATED 20.10.2023 OF THE ASSISTANT EDUCATIONAL OFFICER, ALATHUR Exhibit P 6 A TRUE COPY OF G.O.(P) NO.102/2019/FIN DATED 14.8.2019 Exhibit P 7 A TRUE COPY OF THE LETTER NO.

P3/4/2102063803/ 318 ISSUED BY THE 6TH RESPONDENT DATED 29.08.2022 Exhibit8 P 8 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 6TH RESPONDENT DATED 17.09.2022