Mini Samson vs State of Kerala - Court Judgment

SooperKanoon Citationsooperkanoon.com/1671510
CourtKerala Orders High Court
Decided OnFeb-22-2021
Case NumberWP(C)/18753/2019
JudgeHonourable Mr. Justice Devan Ramachandran
AppellantMini Samson
RespondentState of Kerala
Excerpt:
in the high court of kerala at ernakulampresent the honourable mr. justice devan ramachandran monday, the 22nd day of february 2021 / 3rd phalguna, 1942 wp(c).no.18753 of 2019(t) petitioner: mini samson aged 59 years retired headmistress, s.s.m. u.p school., poozhanad, thiruvananthapuram district, residing at t.c 26/2012, allieds, tra, a-21, tutors lane, statue road, by advs. sri.s.p.aravindakshan pillay smt.n.santha sri.v.varghese sri.peter jose christo sri.s.a.anand smt.k.n.remya smt.l.annapoorna shri.vishnu v.k. kum.abhirami k. uday respondents: 1 state of kerala represented by the secretary to government, general education department, secretariat, thiruvananthapuram pin 695 0012 deputy director of education, thiruvananthapuram, pin 695 002 3 district educational officer, neyyattinkara, thiruvananthapuram district, pin 695 121 4 the assistant educational officer, kattakkada, pin 695 572 5 accountant general (a & e), kerala *6 addl.r6. principal secretary to government, finance department, government secretariat, wp(c).no.18753 of 2019 2 thiruvananthapuram - 695 001. *addl.r6 impleaded as per order dated 08.08.19 in i.a.no.1/19 in wp(c)18753/19. r1-6 by government pleader sr.gp-sri.p.m.manoj this writ petition (civil) having been finally heard on 22.02.2021, the court on the same day delivered the following: wp(c).no.18753 of 2019 3judgmentafter arguing this matter for some time, the learned counsel for the petitioner sought permission to withdraw this writ petition to file a fresh one, since it is evident that even at the time when this writ petition was filed, the statutory rule had been amended, but had not been noticed by the petitioner. in the afore circumstances, this writ petition is dismissed as having been withdrawn, with the afore requested liberty being reserved to the petitioner. sd/- devan ramachandran judge mc/23.2.2021 wp(c).no.18753 of 2019 4 appendix petitioner's/s exhibits: exhibit p1 true copy of the order no. b6/4820/2012 dated 16-11-2015 of the district educational officer, neyyattinkara exhibit p2 true copy of the common judgment dated 06- 02-2015 in w.p(c) no. 34984/2011 and w.p(c) no. 33219 of 2014 of this hon'ble court. exhibit p3 true copy of the order no. g(4) / respondent. exhibit p4 true copy of the verification report no.p.r 2101669569/p-7/1017367359 dated 21-09- 2017 of the senior accounts officer in the office of the 5th respondent.exhibit p5 true copy of the representation dated 27- 01-2018 filed by the petitioner before government. exhibit p6 true copy of the letter no. p7/2101669569/5/681 dated 11-10-2017 of the 5th respondent to the 4th respondent exhibit p7 true copy of the g.o(p)45/2016/fin dated 02-04-2016 exhibit p8 true copy of the relevant extract of g.o(p) no. 9/2016/fin dated 20-01-2016. exhibit p9 true copy of the g.o(p) no. 56/2018/fin dated 03-04-2018. exhibit p10 true copy of the government letter no. h1/22/2018/gedn dated 11-03-2019.
Judgment:

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA, 1942 WP(C).No.18753 OF 2019(T) PETITIONER: MINI SAMSON AGED 59 YEARS RETIRED HEADMISTRESS, S.S.M. U.P SCHOOL., POOZHANAD, THIRUVANANTHAPURAM DISTRICT, RESIDING AT T.C 26/2012, ALLIEDS, TRA, A-21, TUTORS LANE, STATUE ROAD, BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.V.VARGHESE SRI.PETER JOSE CHRISTO SRI.S.A.ANAND SMT.K.N.REMYA SMT.L.ANNAPOORNA SHRI.VISHNU V.K. KUM.ABHIRAMI K. UDAY RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM PIN 695 001

2 DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM, PIN 695 002 3 DISTRICT EDUCATIONAL OFFICER, NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT, PIN 695 121 4 THE ASSISTANT EDUCATIONAL OFFICER, KATTAKKADA, PIN 695 572 5 ACCOUNTANT GENERAL (A & E), KERALA *6 ADDL.R6. PRINCIPAL SECRETARY TO GOVERNMENT, FINANCE DEPARTMENT, GOVERNMENT SECRETARIAT, WP(C).No.18753 OF 2019 2 THIRUVANANTHAPURAM - 695 001. *ADDL.R6 IMPLEADED AS PER ORDER DATED 08.08.19 IN I.A.NO.1/19 IN WP(C)18753/19. R1-6 BY GOVERNMENT PLEADER SR.GP-SRI.P.M.MANOJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.18753 OF 2019 3

JUDGMENT

After arguing this matter for some time, the learned counsel for the petitioner sought permission to withdraw this writ petition to file a fresh one, since it is evident that even at the time when this writ petition was filed, the statutory Rule had been amended, but had not been noticed by the petitioner. In the afore circumstances, this writ petition is dismissed as having been withdrawn, with the afore requested liberty being reserved to the petitioner. Sd/- DEVAN RAMACHANDRAN JUDGE MC/23.2.2021 WP(C).No.18753 OF 2019 4 APPENDIX PETITIONER'S/S EXHIBITS: EXHIBIT P1 TRUE COPY OF THE ORDER NO. B6/4820/2012 DATED 16-11-2015 OF THE DISTRICT EDUCATIONAL OFFICER, NEYYATTINKARA EXHIBIT P2 TRUE COPY OF THE COMMON JUDGMENT DATED 06- 02-2015 IN W.P(C) NO. 34984/2011 AND W.P(C) NO. 33219 OF 2014 OF THIS HON'BLE COURT. EXHIBIT P3 TRUE COPY OF THE ORDER NO. G(4) / RESPONDENT. EXHIBIT P4 TRUE COPY OF THE VERIFICATION REPORT NO.

P.R 2101669569/P-7/1017367359 DATED 21-09- 2017 OF THE SENIOR ACCOUNTS OFFICER IN THE OFFICE OF THE 5TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 27- 01-2018 FILED BY THE PETITIONER BEFORE GOVERNMENT. EXHIBIT P6 TRUE COPY OF THE LETTER NO. P7/2101669569/5/681 DATED 11-10-2017 OF THE 5TH RESPONDENT TO THE 4TH RESPONDENT EXHIBIT P7 TRUE COPY OF THE G.O(P)45/2016/FIN DATED 02-04-2016 EXHIBIT P8 TRUE COPY OF THE RELEVANT EXTRACT OF G.O(P) NO. 9/2016/FIN DATED 20-01-2016. EXHIBIT P9 TRUE COPY OF THE G.O(P) NO. 56/2018/FIN DATED 03-04-2018. EXHIBIT P10 TRUE COPY OF THE GOVERNMENT LETTER NO. H1/22/2018/GEDN DATED 11-03-2019.