Julia Mary vs State of Kerala

Type Court Judgment Court Kerala Decided Jun 08, 2023

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Citation: sooperkanoon.com/1361173
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: Jun 08, 2023
Case Number: WP(C)/16249/2023

Parties & Advocates

Appellant / Petitioner

Julia Mary

Respondent

State of Kerala

Excerpt

.....in ext.p.4 govt. order.(3) issue writ in the nature of mandamuscommanding the 4th respondent to pay interest for the delay pay and allowances to the petitioner from 1.6.2015 to 31.5.2017 and the same may be directed to be recovered from the pay and allowances of the 4th respondent himself.(4) declare that the appointment of the petitioner from 1.6.2015 to 31.5.2017 is liable to be approved with all consequential benefits.(5) such other reliefs that the hon'ble court deem fit and proper in the facts and circumstances of the case.(6) dispense with the filing of translation of vernacular documents.”[sic]2. the main prayer in this writ petition is toimplement ext.p4 order. today when the matter came up for consideration, the learned government pleader after getting instructions submitted that, necessary steps will be taken based on ext.p4 order, within two weeks. if that be the case, this writ petition itself can be disposed of recording the above submission. therefore, this writ petition is disposed of directing the 3rd respondent to do the needful as directed in ext.p4, within two weeks. sd/- p.v.kunhikrishnan dm judge appendix of wp(c) 16249/2023 petitioner exhibitsexhibit p 1 a true copy of appointment orderissued by the 4th respondent dated 1.6.2015 exhibit p 2 a true copy of the order no.b respondent dated 31.10.2016 exhibit p 3 a true copy of the order issued by the 4th respondent dated 1.6.2017 carrying endorsement of the d.e.o. dated 13.4.2018exhibit p 4 a true copy of the govt. order[ rt ] no. 2713/2021/g.edn.d. dated 3.5.2021 exhibit p 5 a true copy of the letter issued by the 4th respondent to the 3rd respondent dated 7.6.2021 respondents exhibits : nil //true copy// pa to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN THURSDAY, THE 8TH DAY OF JUNE 2023 / 18TH JYAISHTA, 1945 PETITIONER: JULIA MARY AGED 37 YEARS W/O GEORGE STEPHEN, H.S.T. PHYSICAL SCIENCE (TAMIL) ST. PAUL'S HIGH SCHOOL, KOZHINJANPARA, PALAKKAD 678 555 RESIDING AT KOTTIL HOUSE, PARISAKAL, CHITTUR, PALAKKAD, PIN - 678551 BY ADV U.BALAGANGADHARAN RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT (ANNEX) THIRUVANATHAPURAM, PIN - 695 001 2 DIRECTOR OF GENERAL EDUCATION JAGATHY, THIRUVANATHAPURAM, PIN - 695 014 3 DISTRICT EDUCATIONAL OFFICER [ D.E.O. ] PALAKKAD, PIN - 678 001 4 THE MANAGER, ST.PAULS HIGH SCHOOL, KOZHINJANPARA, PALAKKAD, PIN - 680 005 SMT.NISHA BOSE. SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
------------------------------ W.P.(C)No. 16249 of 2023 ---------------------------------------------- Dated this the 08th day of June, 2023

JUDGMENT

The above writ petition is filed with the following prayers: “(1) Issue writ in the nature of mandamus commanding the third respondent to approve the appointment of the petitioner as H.S.A. Physical Science in 4th respondent School from 1.6.2015 to 31.5.2017 with all consequential benefits including arrears of pay and allowances:

(2) Issue writ in the nature of mandamus

commanding the 2nd respondent to initiate appropriate proceedings under KCS (CCA) Rules against 3rd respondent for ignoring and discarding the directions of the Govt. In Ext.P.4 Govt. Order.

(3) Issue writ in the nature of mandamus

commanding the 4th respondent to pay interest for the delay pay and allowances to the petitioner from 1.6.2015 to 31.5.2017 and the same may be directed to be recovered from the pay and allowances of the 4th respondent himself.

(4) Declare that the appointment of the petitioner from 1.6.2015 to 31.5.2017 is liable to be approved with all consequential benefits.

(5) Such other reliefs that the Hon'ble Court deem fit and proper in the facts and circumstances of the case.

(6) Dispense with the filing of translation of vernacular documents.”[SIC]

2. The main prayer in this writ petition is to

implement Ext.P4 order. Today when the matter came up for consideration, the learned Government Pleader after getting instructions submitted that, necessary steps will be taken based on Ext.P4 order, within two weeks. If that be the case, this writ petition itself can be disposed of recording the above submission. Therefore, this writ petition is disposed of directing the 3rd respondent to do the needful as directed in Ext.P4, within two weeks. Sd/- P.V.KUNHIKRISHNAN DM JUDGE APPENDIX OF WP(C) 16249/2023 PETITIONER EXHIBITS

EXHIBIT P 1 A TRUE COPY OF APPOINTMENT ORDER

ISSUED BY THE 4TH RESPONDENT DATED 1.6.2015 EXHIBIT P 2 A TRUE COPY OF THE ORDER NO.B RESPONDENT DATED 31.10.2016 EXHIBIT P 3 A TRUE COPY OF THE ORDER ISSUED BY THE 4TH RESPONDENT DATED 1.6.2017 CARRYING ENDORSEMENT OF THE D.E.O. DATED 13.4.2018

EXHIBIT P 4 A TRUE COPY OF THE GOVT. ORDER

[ RT ] NO. 2713/2021/G.EDN.D. DATED 3.5.2021 EXHIBIT P 5 A TRUE COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT TO THE 3RD RESPONDENT DATED 7.6.2021 RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE

Same Court & Year Kerala · 2023 Same Parties Julia Mary vs State of Kerala Same Judge Honourable Mr. Justice P.V.Kunhikrishnan