Annie Paul vs State Of Kerala
2024 Latest Caselaw 6073 Ker

Citation : 2024 Latest Caselaw 6073 Ker
Judgement Date : 23 February, 2024

Kerala High Court

Annie Paul vs State Of Kerala on 23 February, 2024

Author: P.V.Kunhikrishnan

Bench: P.V.Kunhikrishnan

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
                     WP(C) NO. 23158 OF 2014
PETITIONER:

            ANNIE PAUL
            W/O.K.K.GEORGE, U.P.S.A., N.M.U.P.SCHOOL,
            EDAYARANMULA P.O., PATHANAMTHITTA DISTRICT.
            BY ADVS.
            SRI.SANTHOSH MATHEW
            SRI.ARUN THOMAS
            SRI.JENNIS STEPHEN
            SRI.SATHISH NINAN

RESPONDENTS:

    1       STATE OF KERALA
            REPRESENTED BY SECRETARY TO GOVERNMENT,
            EDUCATIONAL DEPARTMENT, GOVERNMENT SECRETARIAT,
            THIRUVANANTHAPURAM.
    2       DIRECTOR OF PUBLIC INSTRUCTIONS
            O/O.DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY,
            THIRUVANANTHAPURAM.
    3       THE DEPUTY DIRECTOR OF EDUCATION
            PATHANAMTHITTA.
    4       THE DISTRICT EDUCATIONAL OFFICER
            THIRUVALLA.
    5       THE ASSISTANT EDUCATIONAL OFFICER
            ARANMULA.
    6       THE MANAGER
            N.M.CORPORATE SCHOOLS, KUMBANAD, PATHANAMTHITTA
            DISTRICT, PIN-687 547.
            BY ADVS.
            SRI.V.A.MUHAMMED
            SRI.M.SAJJAD
            SRI BIJOY CHANDRAN, SR.GP
     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   23.02.2024,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.© No.23158 of 2014
                                :2 :



                   P.V.KUNHIKRISHNAN, J.
          ---------------------------------------------
                  W.P.(C) No.23158 of 2014
      ------------------------------------------------------
           Dated this the 23rd day of February, 2024.


                           JUDGMENT

This writ petition is filed with the following

prayers:

I) To issue a writ of mandamus or any other appropriate writ, order or direction, commanding the respondents to issue revised orders regularizing the appointment of the petitioner as UPSA from 31-5-2010 till 31-3-2013;

ii) To issue a writ of mandamus or any other appropriate writ order or direction, commanding the respondents to regularize the appointment of the petitioner as UPSA for the period from 31-5-2010 till 31-3-2013 and approve the same, within a time limit prescribed by this Honourable Court, to enable the petitioner to get the benefits of the pay revision;

iii) To issue a writ of mandamus or any other appropriate writ, order or direction, commanding

the respondents to disburse the pay revision benefits as sanctioned as per Exhibit P15, within a time limit prescribed by this Honourable Court

iv) To issue such other appropriate writ order or direction which this Hon'ble Court may deem fit and just under the circumstances of the case. [SIC]

2. When this writ petition came up for

consideration on 10.4.2015, this Court passed the

following order:

"In the light of Ext.P17 order, the Director of Public Instructions is directed to take appropriate action thereon to implement the same after affording an opportunity to the petitioner and the Corporate Manager within four weeks and thereafter, disburse all monetary benefits, in accordance with the directions in Ext.P17 based on the entitlement."

3. Today when the matter is taken up, the

learned counsel for petitioner submitted that his period of

appointment is already regularised and the petitioner is

retired from service. If that be the case, nothing survives

in this case. The writ petition is accordingly closed.

Sd/-

P.V.KUNHIKRISHNAN, JUDGE

smv

APPENDIX OF WP(C) 23158/2014

PETITIONER'S EXHIBITS P1: COPY OF THE ORDER NO.254/10-11 DT.27.5.10 ISSUED BY THE 6TH RESPONDENT.

P2: COPY OF THE JUDGMENT DATED 14.7.2010 IN WPC NO.18076/2010 OF THIS HON'BLE COURT.

P3: COPY OF THE ORDER DATED 27.8.2010 ISSUED BY THE A.E.O., KANJIRAPPALLY. P4: COPY OF THE ORDER DATED 10.1.2011 ISSUED BY THE D.E.O., KANJIRAPPALLY. P5: COPY OF THE ORDER DATED 3.6.2011 ISSUED BY THE A.E.O., KANJIRAPPALLY. P6: COPY OF THE PROCEEDINGS DATED 4.6.2011 ISSUED BY THE 6TH RESPONDENT. P7: COPY OF THE ORDER DATED 10.6.2011 IN I.A.NO.8921/2011 IN WPC NO.5026/2011 OF THIS HON'BLE COURT. P8: COPY OF THE ORDER DATED 15.6.2011 ISSUED BY THE 6TH RESPONDENT. P9: COPY OF THE ORDER DT.28.9.2011 ISSUED BY THE DISTRICT EDUCATIONAL OFFICER, KANJIRAPPALLY. P10: COPY OF THE ORDER DATED 19.12.2011 IN WPC NO.5026/2011 OF THIS HON'BLE COURT.

P11: COPY OF THE ORDER DATED 5.12.2012 ISSUED BY THE ADDITIONAL DIRECTOR (ACADEMIC) P12: COPY OF THE ORDER DATED 7.12.2012 IN CONT. CASE (C) NO.1105/2012 OF THIS HON'BLE COURT.

P13: COPY OF THE PROCEEDINGS OF THE 6TH RESPONDENT, DATED 2/4/2013. P14: COPY OF THE REPRESENTATION DATED 24.5.2014 SUBMITTED BY THE PETITIONER BEFORE THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM.

P15: COPY OF THE ORDER NO.B.990/2014/K.DIS. DATED 2.7.2014. P16: COPY OF THE REPRESENTATION DATED 12.8.2014 SUBMITTED BY THE PETITIONER TO THE DISTRICT EDUCATIONAL OFFICER, THIRUVALLA.