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Sherly P.David vs The State Of Kerala
2024 Latest Caselaw 32016 Ker

Citation : 2024 Latest Caselaw 32016 Ker
Judgement Date : 7 November, 2024

Kerala High Court

Sherly P.David vs The State Of Kerala on 7 November, 2024

                                               2024:KER:82918


          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

         THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946

                   WP(C) NO. 39217 OF 2024

PETITIONER/S:

         SHERLY P.DAVID
         AGED 54 YEARS
         WIFE OF JOHNSON.C.T, LOWER PRIMARY SCHOOL TEACHER,
         LITTLE FLOWER L.P.SCHOOL, KUMBIDY ANNAMANADA.P.O,
         THRISSUR DISTRICT-680 741. (RESIDING AT
         CHACKALAKKAL HOUSE,VENNOOR,
         ANNAMANADA.P.O,THRISSUR DISTRICT), PIN - 680741

         BY ADVS.
         V.A.MUHAMMED
         V.RAJASEKHARAN NAIR


RESPONDENT/S:

    1    THE STATE OF KERALA
         REPRESENTED BY ITS PRINCIPAL SECRETARY TO
         GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
         SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM, PIN -
         695001

    2    THE DIRECTOR OF GENERAL EDUCATION
         JAGATHY,THIRUVANANTHAPURAM, PIN - 695014

    3    THE DEPUTY DIRECTOR OF EDUCATION
         CIVIL STATION, AYANTHOL, THRISSUR DISTRICT, PIN -
         680003

    4    THE DISTRICT EDUCATIONAL OFFICER
         IRINJALAKUDA, THRISSUR DISTRICT, PIN - 680121
 W.P.C No. 39217 of 2024



                                   2
                                                          2024:KER:82918



     5     THE ASSISTANT EDUCATIONAL OFFICER
           NEAR POLICE STATION MALA, THRISSUR DISTRICT, PIN -
           680732

     6     THE CORPORATE MANAGER
           CARMALITE CONGREGATION OF SCHOOLS UDAYA PROVINCIAL
           HOME, IRINJALAKUDA, THRISSUR DISTRICT, PIN -
           680121

     7     THE HEADMISTRESS
           LITTLE FLOWER L.P. SCHOOL, KUMBIDY ANNAMANADA.P.O,
           THRISSUR DISTRICT, PIN - 680741



OTHER PRESENT:

             ADV. V.K. SUNIL, SR.G.P


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   07.11.2024,   THE    COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.C No. 39217 of 2024



                                    3
                                                        2024:KER:82918



                            JUDGMENT

The petitioner is presently working as LPST in the school

managed by the 6th respondent. The grievance of the petitioner is

with regard to the audit objection raised alleging certain anomalies

in the pay fixation of the petitioner and granting of increments to

her. The petitioner highlighted her grievances before the 1st

respondent by submitting Ext.P16 revision petition. The limited

prayer sought by the petitioner is to direct the 1 st respondent to

pass orders thereon within a time frame.

After hearing the learned counsel for the petitioner and the

learned Government Pleader, I am inclined to dispose of this writ

petition. Accordingly, it is ordered that the 1 st respondent shall

take up Ext.P16 and appropriate orders thereon shall be passed in

accordance with law, after hearing the petitioner, the 6th

respondent and the affected parties, if any. A decision in this

regard shall be taken, by the 1st respondent, as expeditiously as

possible, by following the timeline and the priorities contemplated

2024:KER:82918

in G.O.(Ms)No.54/2024/GEDN dated 01.06.2024.

Sd/-

ZIYAD RAHMAN A.A. JUDGE rpk

2024:KER:82918

APPENDIX OF WP(C) 39217/2024

PETITIONER EXHIBITS

Exhibit P-1 TRUE COPY OF THE RELEVANT PAGE NO.13 OF SERVICE BOOK OF THE PETITIONER SHOWING THE DETAILS OF HER APPROVAL

Exhibit P-2 TRUE COPY OF THE STATEMENT OF FIXATION APPROVED BY THE AEO, MALA AS PER ORDER NO.B2/947/99/K.DIS DATED 16.02.1999

Exhibit P-3 TRUE COPY OF THE STATEMENT OF FIXATION OF PAY IN TERMS OF PARA 6 OF ANNEXURE III OF G.O(P) 3000/1998/FIN DATED 25.11.1998

Exhibit P-4 TRUE COPY OF THE STATEMENT OF FIXATION OF PAY IN THE HIGHER GRADE W.E.F 01.07.2003

Exhibit P-5 TRUE COPY OF THE STATEMENT OF FIXATION OF PAY IN THE REVISED SCALE OF RS 7990-12930 IN 2004 PAY REVISION W.E.F 01.07.2004

Exhibit P-6 TRUE COPY OF THE STATEMENT OF FIXATION OF PAY IN THE SENIOR GRADE W.E.F 01.07.2009

Exhibit P-7 TRUE COPY OF THE STATEMENT OF FIXATION OF PAY IN THE REVISED SCALE OF RS 16180- 29180 IN 2009 PAY REVISION W.E.F 01.07.2009

Exhibit P-8 TRUE COPY OF THE STATEMENT OF FIXATION OF PAY IN THE REVISED SCALE OF RS 30700- 65400 IN 2014 PAY REVISION W.E.F 01.07.2014

Exhibit P-9 TRUE COPY OF THE STATEMENT OF FIXATION OF

2024:KER:82918

PAY IN THE SELECTION GRADE W.E.F 01.07.2015

Exhibit P-10 TRUE COPY OF THE STATEMENT OF FIXATION OF PAY IN THE REVISED SCALE OF RS 45600- 95600 IN 2019 PAY REVISION

Exhibit P-11 TRUE COPY OF THE OBJECTION SLIP VIDE NO.DDETSR/5178/ 2023-E4 DATED 02.06.2023

Exhibit P-12 TRUE COPY OF THE ORDER OF THE ASSISTANT EDUCATIONAL OFFICER, MALA VIDE NO.D.6345/03 DATED 13.02.2004

Exhibit P-13 TRUE COPY OF THE CIRCULAR NO.26790/J2/07/G.EDN DATED 23.06.2009

Exhibit P-14 TRUE COPY OF THE REPLY DATED -08.2024 OF THE PETITIONER WITH THE COVERING LETTER OF THE HM

Exhibit P-15 TRUE COPY OF THE LETTER OF THE ASSISTANT EDUCATIONAL OFFICER, MALA ADDRESSING THE HEADMASTER VIDE NO.AEOMALAA413/2023/D DATED 21.09.2024

Exhibit P-16 TRUE COPY OF THE REVISION PETITION UNDER RULE 92 CHAPTER XIVA KERS SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 25.10.2024

Exhibit P-17 TRUE COPY OF THE DECISION REPORTED IN 1982 KHC 297 (ALEYAMMA V. DY. DIRECTOR, EDUCATION) DATED 15.06.1982

 
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