Full Judgment
WP(C) NO. 6950 OF 2023 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 1ST DAY OF MARCH 2023 / 10TH PHALGUNA, 1944 WP(C) NO. 6950 OF 2023 PETITIONER/S: LILLI P.J. AGED 53 YEARS W/O RAPHAEL T.J, LPST, CPN UPS VATTAKKULAM, P.O. VATTAKKULAM, MALAPPURAM - 679 578 HAVING PERMANENT RESIDENCE AT THATTIL HOUSE, NEAR ST. ANTONY'S CHURCH, ARIMPUR P.O, VELUTHUR, THRISSUR- 680 012 AND NOW RESIDING AT ST. JOSEPH'S CONVENT, PALLIPPADI, KUTTIPPURAM P.O., MALAPPURAM, PIN - 679571
BY ADV J.G.SYAMNATH RESPONDENT/S: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE DEPUTY DIRECTOR OF EDUCATION DOWNHILL P.O, MALAPPURAM, PIN - 676519 3 THE ASSISTANT EDUCATIONAL OFFICER OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KUTTIPURAM, MALAPPURAM, PIN - 679571 4 THE DIRECTOR OF GENERAL EDUCATION DIRECTORATE OF GENERAL EDUCATION, JAGATHY P.O. THIRUVANANTHAPURAM, PIN - 695014 5 THE DISTRICT EDUCATIONAL OFFICER TIRUR CIVIL STATION, TIRUR P.O, MALAPPURAM DISTRICT, PIN - WP(C) NO. 6950 OF 2023 2 6 THE ASSISTANT EDUCATIONAL OFFICER OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, EDAPPAL, MALAPPURAM, PIN - 679576
7 THE HEADMISTRESS CPN UPS VATTAKKULAM, P.O. VATTAKKULAM, MALAPPURAM, PIN - 679578 OTHER PRESENT: SMT. SURYA BINOY SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 6950 OF 2023 3 P.V.KUNHIKRISHNAN, J --------------------------------------- W.P.(C) No.6950 of 2023 -------------------------------------- Dated this the 1st day of March, 2023
JUDGMENT
The above writ petition is filed with following prayers : “i) To call for the records leading to Exhibit P8 and P13 orders and quash the P8 order and the portion of Exhibit-P13
order whereby non-sanctioning of the salary arrears from 01-09-
2022 to 11-12-2022 and the orders issued directing to re- arrange the period from 01-09-2022 to 11- 12-2022 as non-duty by the issuance of a Writ of Certiorari ii) To issue a Writ of Mandamus directing respondents to disburse the arrears of salary from the month of September, 2022 to the petitioner forthwith and to not declare the period of service from 01- 09-2022 to 11-12-2022 as non-duty. iii) To issue a Writ of Mandamus directing the 1" respondent to consider and pass orders in Exhibit- P16 revision petition submitted by the petitioner, within a time limit to be specified by this Hon'ble Court. iv) To direct to dispense with the production of the English translation of documents in vernacular languages. v) To grant such other relief as this Hon'ble Court deems fit and proper to grant.” [SIC]
WP(C) NO. 6950 OF 2023 4
2. The petitioner was working as Headmistress in
charge in the cadre of Lower Primary School Teacher (LPST). It is the case of the petitioner that although there has been repeated directions from the educational authorities directing the Manager to promote the petitioner as Headmistress no proposal to that effect has been submitted by the Manager and nor has any orders of promotion issued till date, is the submission. For the academic year 2022-23, no fitness certificate was issued to the school and therefore, all the students in the school including existing students were transferred to other schools is the further contention. Although the petitioner had submitted representation to the 2nd respondent seeking to be included in the list of protected teachers eligible for deployment, she has not been included in the same but her junior in the cadre of LPST has been included. The petitioner approached this Court earlier and following the directions issued by this Court, the 2 nd respondent has issued orders deploying the petitioner and the petitioner has also joined duty in the place of deployment. WP(C) NO. 6950 OF 2023 5 However, salary arrears due to the petitioner from 01.09.2022 till 12.12.2022 has been withheld and had not been ordered to be issued to the petitioner. Aggrieved by the same, the petitioner submitted Ext.P16 revision before the 1 st respondent. The grievance of the petitioner is that the same is not considered.
3. Heard the learned counsel for the petitioner and the learned Government Pleader. No notice is necessary to 7 th respondent at this stage.
4. Since the limited prayer of the petitioner is only for a
consideration of Ext.P16 revision, I think the same can be allowed. Therefore, this writ petition is allowed in the following manner : 1) The 1st respondent is directed to consider and pass appropriate orders in Ext.P16 as expeditiously as possible, at any rate, within four months from the date of receipt of a copy of this judgment with notice to the petitioner. 2) The petitioner will produce a certified copy of this WP(C) NO. 6950 OF 2023 6
judgment along with a copy of the writ petition before the
1st respondent for compliance. Sd/- P.V.KUNHIKRISHNAN JUDGE SKS WP(C) NO. 6950 OF 2023 7 APPENDIX OF WP(C) 6950/2023 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE ORDER DATED 26-05-2022 OF THE 2ND RESPONDENT Exhibit-P2 A TRUE COPY OF THE CERTIFICATE ISSUED BY THE ASSISTANT ENGINEER, LSGD KUTTIPPURAM Exhibit-P3 A TRUE COPY OF THE SAID REPRESENTATION DATED 12.07.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit-P4 A TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 27.08.2022 Exhibit-P5 A TRUE COPY OF THE REPRESENTATION DATED 12.10.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit-P6 A TRUE COPY OF THE ORDER DATED 28.06.2022 ISSUED BY THE AEO, CHAVAKKAD Exhibit-P7 A TRUE COPY OF THE ORDER DATED 30-04-2022 OF THE 3RD RESPONDENT Exhibit-P8 A TRUE COPY OF THE ORDER DATED 01.11.2022 ISSUED BY THE 3RD RESPONDENT Exhibit-P9 A TRUE COPY OF THE REPRESENTATION DATED 11-11-2022 SUBMITTED BEFORE THE 2ND RESPONDENT THOROUGH THE 3RD RESPONDENT Exhibit-P10 A TRUE COPY OF THE REPRESENTATION DATED 11-11-2022 SUBMITTED BEFORE THE 3RD RESPONDENT Exhibit-P11 A TRUE COPY OF THE JUDGMENT IN W.P(C) Exhibit-P12 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND WP(C) NO. 6950 OF 2023 8 RESPONDENT DATED 06-01-2023 Exhibit-P13 A TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT VIDE NO. B3/3/2023 DATED 12-02- Exhibit-P14 A TRUE COPY OF THE ORDER DATED 24-11-2022 ISSUED BY THE 4TH RESPONDENT Exhibit-P15 A TRUE COPY OF THE ATTENDANCE REGISTER OF THE PETITIONER FROM SEPTEMBER, 2022 TO FEBRUARY, 2023 Exhibit-P16 A TRUE COPY OF THE REVISION PETITION FILED BY THE PETITIONER DATED 22-02-2023 BEFORE THE 1ST RESPONDENT