Mary Sarojam C F vs The State Of Kerala
2024 Latest Caselaw 33008 Ker

Kerala High Court

Mary Sarojam C F vs The State Of Kerala on 14 November, 2024

                                              2024:KER:84974

WPC.No.40206/24                1



          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

        THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.

  THURSDAY, THE 14TH DAY OF NOVEMBER 2024 / 23RD KARTHIKA,

                            1946

                  WP(C) NO. 40206 OF 2024

PETITIONER:

         MARY SAROJAM C.F.,
         AGED 64 YEARS,
         WIFE OF JOHN TATTEES, HIGH SCHOOL ASSISTANT (SS)
         (RETIRED) ST. JOSEPH'S HIGH SCHOOL, PADAPPAKKARA,
         KOLLAM DISTRICT, PIN - 691 503.


         BY ADV V.A.MUHAMMED


RESPONDENTS:

    1    THE STATE OF KERALA,
         REPRESENTED BY ITS PRINCIPAL SECRETARY TO
         GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
         SECRETARIAT ANNEXE II THIRUVANANTHAPURAM,
         PIN - 695 001.

    2    THE DIRECTOR OF GENERAL EDUCATION,
         OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
         JAGATHY, THIRUVANANTHAPURAM, PIN - 695 014.

    3    THE DEPUTY DIRECTOR OF EDUCATION,
         OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM
         @ THEVALLY, PIN - 691 009.
                                                          2024:KER:84974

WPC.No.40206/24                       2




     4     THE DISTRICT EDUCATIONAL OFFICER,
           OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, CIVIL
           STATION, KOLLAM DISTRICT, PIN - 691 001.

     5     THE CORPORATE MANAGER,
           CATHOLICS SCHOOLS, BISHOPS HOUSE,
           KOLLAM DISTRICT, PIN - 691 001.

     6     THE ACCOUNTANT GENERAL (A&E) KERALA,
           OFFICE OF THE ACCOUNTANT GENERAL (A&E), KERALA,
           M.G. ROAD, THIRUVANANTHAPURAM, PIN - 695 039.

           SRI.P.K.Babu, Spl.GOVERNMENT PLEADER


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   14.11.2024,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
                                                     2024:KER:84974

WPC.No.40206/24                      3



                           JUDGMENT

The petitioner retired from service on 31.05.2016 as

HST (Social Science) from one of the schools managed by the 5 th

respondent. Case of the petitioner is that, before entering into

regular service she had an approved service of one year 7

months and 23 days. The said broken period was not taken into

account while reckoning the retirement benefits of the

petitioner.

2. In such circumstances, the petitioner submitted

Ext.P5 representation before the 1st respondent and she seeks a

direction to the 1st respondent to take a decision thereon within a

time frame.

3. 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

1st respondent shall take up Ext.P5 and appropriate orders

thereon shall be passed in accordance with law after hearing the 2024:KER:84974

petitioner and the 6th respondent. Decision in this regard shall

be taken within a period of four months from the date of receipt

of a copy of this judgment.

Sd/-

ZIYAD RAHMAN A.A. JUDGE DG/14.11.24 2024:KER:84974

APPENDIX OF WP(C) 40206/2024

PETITIONER EXHIBITS

Exhibit P-1 TRUE COPY OF THE HIGHER GRADE FIXATION STATEMENT AS APPROVED BY THE DISTRICT EDUCATIONAL OFFICER, KOLLAM

Exhibit P-2 TRUE COPY OF THE RELEVANT PAGE 28 OF HER SERVICE BOOK SHOWING THE DETAILS OF HER RETIREMENT DULY ATTESTED BY THE ASSISTANT ACCOUNTS OFFICER

Exhibit P-3 TRUE COPY OF THE G.O. (MS.) NO.

401/2019/FIN DATED 28/10/2019

Exhibit P-4 TRUE COPY OF THE G O (P) NO. 47/2018/FIN DATED 21/03/2018

Exhibit P-5 TRUE COPY OF THE REPRESENTATION DATED 12.09.2024 SUBMITTED BEFORE THE 1ST RESPONDENT