Kerala High Court
Divya P.K vs State Of Kerala on 12 June, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE S.MANU
WEDNESDAY, THE 12TH DAY OF JUNE 2024 / 22ND JYAISHTA, 1946
WP(C) NO. 26108 OF 2017
PETITIONER/S:
DIVYA P.K.
LPSA, S.K.V.L.P.S.KURIODE, CHADAYAMANGALAM SUB
DIVISION, KOLLAM DISTRICT (NOW UNDER DEPLOYMENT AS
GOVT. H.S.S., KUMIL, KADAKKAL, KOLLAM DISTRICT).
BY ADVS.
SRI.M.V.THAMBAN
SRI.ARUN BOSE
SRI.B.BIPIN
SRI.R.REJI
SMT.THARA THAMBAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001.
2 THE DIRECTOR OF PUBLIC INSTRUCTIONS
OFFICE OF THE DIRECTOR OF PUBLIC
INSTRUCTION,THIRUVANANTHAPURAM, PIN-695001.
3 THE DEPUTY DIRECTOR EDUCATION
KOLLAM, KOLLAM DISTRICT, PIN-691001.
4 THE HEAD MASTER
S.K.V.L.P.S., KURIOD, CHADAYAMANGALAM SUB DIVISION
P.O., KOLLAM DISTRICT (NOW UNDER DEPLOYMENT AS GOVT
HSS, KUMIL, KADAKKAL, KOLLAM DISTRICT), PIN-691536.
SRI.M.RAJEEV
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.06.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 26108 OF 2017
2
S.MANU, J.
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W.P.(C)No.26108 of 2017
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Dated this the 12th day of June 2024
JUDGMENT
Petitioner joined as LPSA in the 4 th respondent School on
15.07.2005. Due to division fall in the school as per staff fixation order
for the academic year 2015-16, the petitioner was re-deployed to
G.H.S.S. Kumil w.e.f. 29.11.2016, which is an aided institution.
However, petitioner was not accommodated in the said school by the
management. Thereafter she was again re-deployed to a Government
School as per order dated 24.11.2016 of the 3rd respondent.
2. The grievance of the petitioner is that, salary for the period
from 01.09.2016 to 31.10.2016 was not paid to her.
3. Respondents 1 to 3 filed a counter affidavit pointing out that
for such period during which a teacher was not accommodated in any
school, the relevant Government Order provides only for treating the
period as eligible leave or leave without allowance. The contention of
the Government is that therefore, the request for payment of salary for
the said period cannot be acceded to by the Government.
4. Learned Counsel for the petitioner pointed out that Ext.P2
WP(C) NO. 26108 OF 2017
representation submitted by the petitioner to the 1 st respondent on
25.07.2017 is still pending. Learned Counsel submitted that petitioner
will be satisfied if a direction is issued to the 1 st respondent to consider
the said representation and take a decision in a time bound manner.
5. Therefore, without entering into the merits of the
contentions, I dispose of this writ petition directing the Secretary to the
Government, Department of General Education to consider Ext.P2
representation of the petitioner within a period of two months from the
date of receipt of a copy of this judgment and to communicate the
decision taken to the petitioner. Petitioner shall produce a copy of this
writ petition and authenticated copy of the judgment to the Secretary,
Department of General Education to enable compliance.
The writ petition is disposed of accordingly.
Sd/
S.MANU, JUDGE
jm/
WP(C) NO. 26108 OF 2017
APPENDIX OF WP(C) 26108/2017
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE G.O.P.NO.29/2016/G.EDUCATION
DATED 29-1-2016 ISSUED BY THE GOVERNMENT.
