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P.PADMAJA DEVI v. THE STATE OF KERALA

Court: High Court of Kerala

Bench: HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

Judgment date:

Case summary

High Court of Kerala judgment dated 2020-12-21. P.PADMAJA DEVI v. THE STATE OF KERALA. Read the judgment and case details on LawSphereX.

Judgment text

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN MONDAY, THE 21ST DAY OF DECEMBER 2020 / 30TH AGRAHAYANA, 1942 WP(C). No. 28497 OF 2020(J) PETITIONER: P. PADMAJA DEVI AGED 49 YEARS WIFE OF T. P. RAJENDRAN, UPPER PRIMARY SCHOOL TEACHER, SREE NARAYANA MEMORIAL VOCATIONAL HIGHER SECONDARY SCHOOL, VANNAPURAM, VIA THODUPUZHA, IDUKKI DISTRICT. BY ADVS. SRI. V. A. MUHAMMED SRI. M. SAJJAD RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM-695 001 2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM-695 014. 3 THE DEPUTY DIRECTOR OF EDUCATION IDUKKI AT THODUPUZHA-685 584. 4 THE DISTRICT EDUCATIONAL OFFICER, THODUPUZHA-685 584, IDUKKI DISTRICT. 5 THE MANAGER, SREE NARAYANA MEMORIAL VOCATIONAL HIGHER SECONDARY SCHOOL, VANNAPPURAM, (VIA) THODUPUZHA, IDUKKI DISTRICT-685 582.

6 THE PRINCIPAL SREE NARAYANA MEMORIAL VOCATIONAL HIGHER SECONDARY SCHOOL, VANNAPPURAM , (VIA) THODUPUZHA, IDUKKI DISTRICT-685 582 7 SMT. K. BINDU, UPPER PRIMARY SCHOOL TEACHER, SREE NARAYANA MEMORIAL VOCATIONAL HIGHER SECONDARY WP(C). No. 28497 OF 2020 SCHOOL, VANNAPPURAM, (VIA), THODUPUZHA, IDUKKI DISTRICT-685 582 8 SMT. A. SANGEETHA, UPPER PRIMARY SCHOOL TEACHER, SREE NARAYANA MEMORIAL VOCATIONAL HIGHER SECONDARY SCHOOL, VANNAPPURAM, (VIA), THODUPUZHA, IDUKKI DISTRICT -685 582 9 SMT. BINDU PAUL, UPPER PRIMARY SCHOOL TEACHER, SREE NARAYANA MEMORIAL VOCATIONAL HIGHER SECONDARY SCHOOL, VANNAPPURAM, (VIA), THODUPUZHA, IDUKKI DISTRICT-685 582. BY ADV. SMT. NISHA BOSE - SR. GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 21. 12. 2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C). No.

28497 OF 2020 JUDGMENT The petitioner has approached this Court stating that she is working as an Upper Primary School Teacher in the Sree Narayana Memorial Vocational Higher Secondary School, Vannappuram, Idukki - of which the th 5 respondent is the Manager - seeking that she be included in the ‘Teachers Package’, leading to the disbursement of her salary from 15. 07. 2008, because respondents 7 to 9, who are her juniors, have been granted this benefit long ago. 2. The petitioner says that, in fact, her afore th claim is now pending before the 4 respondent – District Educational officer (DEO), who has now addressed the Government through Ext. P13 seeking certain clarifications. The petitioner, therefore, prays that before the Government takes a decision on Ext. P13, she also be given an opportunity of being heard. 3. In response to the submissions of Shri. M. Sajjad - the learned counsel for the petitioner as afore, the learned Senior Government Pleader - Smt.

Nisha Bose, submitted that there is no legal impediment in the petitioner also being heard when a WP(C). No. 28497 OF 2020 decision is taken by the Government on Ext. P13 clarifications sought by the DEO. She, however, prayed that this Court may not make any affirmative declarations in favour of the petitioner and allow the Government to take a decision thereon, as per law. Taking note of the afore submissions, I order this writ petition and direct the Government to hear the petitioner – either physically or through video conferencing - before a final decision is taken on Ext. P13. The afore exercise shall be completed by the Government, as expeditiously as is possible, but not later than two months from the date of receipt of a copy of this judgment. Sd/- DEVAN RAMACHANDRAN JUDGE VPK APPENDIX PETITIONER'S/S EXHIBITS: TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 05. 06. 2006. TRUE COPY OF THE G. O(RT) NO. 3147/12/G. EDN. DATED 04. 07. 2012 OF THE GOVERNMENT.

TRUE COPY OF THE G. O(RT) NO. 5597/2015/G. EDN. DATED 26. 11. 2015 OF THE GOVERNMENT. TRUE COPY OF THE JUDGMENT IN W. P. C NO. 36799/2015 DATED 12. 12. 2018. TRUE COPY OF THE INTERIM ORDER IN W. P. C NO. 36799/2015 DATED 21. 11. 2018. TRUE COPY OF THE G. O(RT) NO. 1750/2019/G. EDN. DATED 17. 06. 2019 OF THE GOVERNMENT. TRUE COPY OF THE ORDER NO. B2/1121/2019(2)/K. DIS DATED 06. 06. 2019 OF THE DEO. TRUE COPY OF THE INTERIM ORDER IN W. PC NO. 22844/2009-A DATED 11. 08. 2009. TRUE COPY OF THE INTERM ORDER IN I. A NO. 17589/2015 IN W. P. C NO. 36799/2015 DATED 04. 12. 2015. TRUE COPY OF THE PETITION MOVED BEFORE THE DEO DATED 22. 07. 2019. TRUE COPY OF THE PETITION MOVED BEFORE THE DDE DATED 22. 07. 2019. TRUE COPY OF THE PETITION MOVED BEFORE THE 2ND RESPONDENT DATED 22. 07. 2019. TRUE COPY OF THE PETITION MOVED BEFORE THE GOVERNMENT DATED 22. 07. 2019. TRUE COPY OF THE APPOINTMENT ORDER OF SMT. BINDU K DATED 05. 06. 2006. EXHIBIT P8A TRUE COPY OF THE APPOINTMENT ORDER OF SMT.

SANGEETHA A DATED 05. 06. 2006. TRUE COPY OF THE APPOINTMENT ORDER OF SMT. BINDU PAUL DATED 04. 06. 2007. TRUE COPY OF THE STAFF LIST OF THE SCHOOL AS ON 2006 - 2007. TRUE COPY OF THE JUDGMENT IN W. P. C NO. 22292/2019-J DATED 16. 08. 2019. TRUE COPY OF THE G. O(RT) NO. 2389/2020/G. EDN. DATED 05. 08. 2020 OF THE GOVERNMENT. TRUE COPY OF THE JUDGMENT IN W. P. C NO. 18814/2020-B DATED 25. 09. 2020. TRUE COPY OF THE HEARING NOTE SUBMITTED BY THE PETITIONER DATED 22. 10. 2020. TRUE COPY OF THE LETTER NO. B2/4721/2019 OF THE DEO DATED 15. 07. 2020. TRUE COPY OF THE LETTER NO. H/36986/2018/DPI DATED 08. 08. 2016 OF THE 2ND RESPONDENT.

Source: High Court of Kerala. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.