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*Margret S*Corrected vs State of Kerala

*Margret S*Corrected vs State of Kerala

Type Court Judgment Court Kerala Decided Feb 14, 2024
~3 min read
https://sooperkanoon.com/case/1312369

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Citation
Court
Kerala High Court
Judge
Decided On
Case Number
WP(C)/38299/2023

Parties & Advocates

Appellant / Petitioner

*Margret S*Corrected

Respondent

State of Kerala

Excerpt

.....of her appointment with effect from 1.6.2007 instead of 1.6.2008. learned counsel submits that no orders have been passed on the same so far and seeks a direction to the first respondent to dispose of the same. the petitioner also submits that the issue is covered in her favour by the judgment of this court in wp(c)no.15998/2015.2. accordingly, there will be a direction to the first respondent to take upext.p7 and pass orders in accordance with law, with notice to the petitioner and other affected parties, if any, within an outer time limit of four months from the date of receipt of a copy of this judgment. it will be open to the petitioner to produce such materials to substantiate her contentions, which will be considered by the first respondent while considering the revision. it will also be deemed that the manager has executed a bond in terms of g.o.(p) no.10/10/g.edn. dated 12.01.2010. the writ petition is disposed of as above. sd/- mohammed nias c.p., judge dlk/14.2.2024 -4- appendix of wp(c) 38299/2023 petitioner exhibits exhibit p1 a true copy of the order no. 8505/2003/ednissued by the respondent no.5 dated 01.06.2007 appointing the petitioner as hsa (ss)(additional vacanacy) exhibit p2 a true copy of the order issued by the respondent no.5 dated 01.06.2008 appointing the petitioner as hsa (ss) (regular vacancy) and proceedings no. b3-4394/08 dated 07.11.2008 issued by the respondent no.4exhibit p3 a true copy of the proceedings no. b3- respondent no.4 exhibit p4 a true copy of the order g.o.(p) no.10/10/g. edn. dated 12.1.2010, exhibit p5 a true copy of the revised pension calculation statement of the petitioner exhibit p6 a true copy of the order no. g.o.(p) nos.199/2011/g.edn. dated 01.10.2011 issued by the respondent no.1 exhibit p7 a true copy of the request made by the petitioner dated 21/10/2023 to respondent no.1 exhibit p8 a true copy of the judgement in wp(c) 15998 of 2015 dated 28.07.2015 of this hon'ble court

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. WEDNESDAY, THE 14TH DAY OF FEBRUARY 2024 / 25TH MAGHA, 1945 WP(C) NO. 38299 OF 2023 PETITIONER: MARGRET S, AGED 61 YEARS (*CORRECTED) W/O ANTONY .J, RESIDING AT JOSEPH VILLA, TANGY NAGAR-23 TANGASSERI, KOLLAM, PIN - 691007 (*THE NAME OF THE PETITIONER IS CORRECTED AS 'MARGARET' AS PER ORDER IN IA NO.2/2024 DATED 14.2.2024) JOHNSON GOMEZ SANJAY JOHNSON JOHN GOMEZ SANJITH JOHNSON ARUN JOHNY DEEBU R. ABIN JACOB MATHEW ANN MARIA SEBASTIAN K.P.SUFIYAN RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 DIRECTOR GENERAL OF EDUCATION OFFICE OF THE DIRECTOR GENERAL OF EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN - 695014

3 THE DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM, PIN - 691001 4 THE DISTRICT EDUCATIONAL OFFICER OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, KOLLAM, PIN - 691013 5 THE CORPORATE MANAGER OF CATHOLIC SCHOOLS -2- CORPORATE MANAGEMENT, KOLLAM, DIOCESE OF QUILON,BISHOP'S HOUSE, THANGASSERY (PO), KOLLAM, PIN - 691007 S. BIJU AFRAD IBRAHIM(K/4055/2023) BY SMT.NISHA BOSE, SR. GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -3-

MOHAMMED NIAS C.P., J.

--------------------- WP(C)No.38299 of 2023 --------------------------- Dated this the 14th day of February, 2024

JUDGMENT

The petitioner has preferred Ext.P7 revision before the first respondent seeking approval of her appointment with effect from 1.6.2007 instead of 1.6.2008. Learned counsel submits that no orders have been passed on the same so far and seeks a direction to the first respondent to dispose of the same. The petitioner also submits that the issue is covered in her favour by the judgment of this Court in WP(C)No.15998/2015.

2. Accordingly, there will be a direction to the first respondent to take up

Ext.P7 and pass orders in accordance with law, with notice to the petitioner and other affected parties, if any, within an outer time limit of four months from the date of receipt of a copy of this judgment. It will be open to the petitioner to produce such materials to substantiate her contentions, which will be considered by the first respondent while considering the revision. It will also be deemed that the manager has executed a bond in terms of G.O.(P) No.10/10/G.Edn. dated 12.01.2010. The writ petition is disposed of as above. Sd/- MOHAMMED NIAS C.P., JUDGE dlk/14.2.2024 -4- APPENDIX OF WP(C) 38299/2023 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE ORDER NO. 8505/2003/EDN

ISSUED BY THE RESPONDENT NO.5 DATED 01.06.2007 APPOINTING THE PETITIONER AS HSA (SS)(ADDITIONAL VACANACY) Exhibit P2 A TRUE COPY OF THE ORDER ISSUED BY THE RESPONDENT NO.5 DATED 01.06.2008 APPOINTING THE PETITIONER AS HSA (SS) (REGULAR VACANCY) AND PROCEEDINGS NO. B3-4394/08 DATED 07.11.2008 ISSUED BY THE RESPONDENT NO.4

Exhibit P3 A TRUE COPY OF THE PROCEEDINGS NO. B3- RESPONDENT NO.4 Exhibit P4 A TRUE COPY OF THE ORDER G.O.(P) NO.10/10/G. EDN. DATED 12.1.2010, Exhibit P5 A TRUE COPY OF THE REVISED PENSION CALCULATION STATEMENT OF THE PETITIONER Exhibit P6 A TRUE COPY OF THE ORDER NO. G.O.(P) NOS.199/2011/G.EDN. DATED 01.10.2011 ISSUED BY THE RESPONDENT NO.1 Exhibit P7 A TRUE COPY OF THE REQUEST MADE BY THE PETITIONER DATED 21/10/2023 TO RESPONDENT NO.1 Exhibit P8 A TRUE COPY OF THE JUDGEMENT IN WP(C) 15998 OF 2015 DATED 28.07.2015 OF THIS HON'BLE COURT

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