Kerala High Court
Reshma K M vs The State Of Kerala on 24 May, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 24TH DAY OF MAY 2023 / 3RD JYAISHTA, 1945
WP(C) NO. 32157 OF 2022
PETITIONER:
RESHMA K M
AGED 45 YEARS
WIFE OF E.RANJITH, HIGHER SECONDARY SCHOOL TEACHER
(BOTANY), MATTANNUR HIGHER SECONDARY SCHOOL, MATTANNUR,
KANNUR DISTRICT-670 702
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
THIRUVANANTHAPURAM-695 001
2 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION,
PAYYAMBALAM, KANNUR DISTRICT-670 003
3 THE PRINCIPAL,
MATTANNUR HIGHER SECONDARY SCHOOL, MATTANNUR, KANNUR
DISTRICT-670 702
NISHA BOSE(SR.GP)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C)No.32157 of 2022
2
P.V.KUNHIKRISHNAN, J.
------------------------------
W.P.(C).No. 32157 of 2022
----------------------------------------------
Dated this the 24th day of May, 2023
JUDGMENT
This writ petition is filed with the following prayers:
i) Call for the records relating to Exhibits P6
and P11 and set aside the originals of the same by
the issue of a writ of certiorari or other appropriate
writ or order.
ii) Issue a writ of mandamus or other
appropriate writ, order or direction commanding the
Respondents to sanction annual increments in the
post of HSST Botany protecting the increment dates
in the lower post of HSST (Jr) Botany.
iii) Declare that the annual increments
granted from 01.08.2029 and on 01.08.2020 are
legally valid and sustainable. [SIC]
2. When this writ petition came up for
consideration, learned counsel for the petitioner
submitted that the issue raised in this writ petition is
covered as per the judgment dated 16.02.2023 in W.P.
(C) No.25401 of 2022. Learned counsel for the
WP(C)No.32157 of 2022
petitioner also submitted that the Government also
issued an order as per G.O.(P) No.16/2022/G.Edn dated
23.12.2022, ordering that the broken service in the
Higher Secondary School also can be reckoned for the
purpose of higher grade. If that is the case the prayers
of this writ petition can be allowed by setting aside
Exts.P6 and P11.
Therefore this writ petition is allowed and Exts.P6
and P11 are set aside.
Sd/-
P.V KUNHIKRISHNAN
JUDGE
AP
WP(C)No.32157 of 2022
APPENDIX OF WP(C) 32157/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER DATED 21.08.2000
Exhibit P2 TRUE COPY OF THE STATEMENT OF FIXATION OF
PAY IN THE HIGHER/SENIOR/SELECTION GRADE
AND OTHER GRADE APPLICABLE TO ALL EMPLOYEES
OF THE PETITIONER.
Exhibit P3 TRUE COPY OF THE STATEMENT OF FIXATION OF
PAY IN THE SELECTION GRADE OF EMPLOYEES OF
AIDED SCHOOLS PETITIONER.
Exhibit P4 TRUE COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER DATED 06.06.2019
Exhibit P5 TRUE COPY OF THE ORDER
NO.A7/2060/RDD/KNR.G.EDN /K.DIS DATED
19.02.2021 OF THE RDD HSE, KANNUR
Exhibit P6 TRUE COPY OF THE LETTER NOB3/1171/2021
DATED 15.09.2021 OF THE RDD HSE, KANNUR
ADDRESSING THE PRINCIPAL.
Exhibit P7 TRUE COPY OF THE RELEVANT PAGES OF THE
SERVICE BOOK OF THE PETITIONER.
Exhibit P8 TRUE COPY OF THE LETTER OF THE PRINCIPAL
ADDRESSING THE RDD, HSE, KANNUR DATED
06.07.2021
Exhibit P9 TRUE COPY OF THE APPEAL SUBMITTED BY THE
PETITIONER BEFORE THE GOVERNMENT DATED
07.10.2021
Exhibit P10 TRUE COPY OF THE LETTER
NO.ACD.A3/200604/2021 HSE DATED 12.7.2021
OF THE DIRECTOR OF GENERAL EDUCATION
ADDRESSING THE RDD HSE, CHENGANNUR.
Exhibit P11 TRUE COPY OF THE GO (RT) 1973/2022/G.EDN
DATED 24.03.2022
