High Court of KeralaWA/1348/2015dismissed

State Of Kerala v. Sadiya M.T.

2015-10-19Honourable Smt. Justice P.V.Asha,Honourable Mr.Justice Antony Dominic3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE SMT. JUSTICE P.V.ASHA MONDAY, THE 19TH DAY OF OCTOBER 2015/27TH ASWINA, 1937 WA.No. 1348 of 2015 () IN WP(C).3255/2014 ------------------------------------------- AGAINST THE JUDGMENT IN WP(C) 3255/2014 of HIGH COURT OF KERALA DATED 13-08-2014 APPELLANTS/RESPONDENTS 1 TO 4:

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1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM-695001.

2. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, THIRUVANANTHAPURAM-695014.

3. THE DEPUTY DIRECTOR OF EDUCATION KOZHIKODE-673001.

4. THE DISTRICT EDUCATIONAL OFFICER THAMARASSERI, KOZHIKODE.

SRI.M.A.FAYAZ, GOVERNMENT PLEADER RESPONDENTS/PETITIONER & 5TH RESPONDENT:

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1. SADIYA M.T.

HIGH SCHOOL ASSISTANT (MALAYALAM), PTM HIGH SCHOOL KODIYATHUR P.O., MUKKAM - 673602, KOZHIKODE DISTRICT.

2. THE MANAGER PTM HIGH SCHOOL, KODIYATHUR P.O., MUKKAM - 673 602 KOZHIKODE DISTRICT.

R1 BY ADV. SRI.BRIJESH MOHAN R1 BY ADV. SRI.SAJU J.VALLYARA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 19-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WA.No. 1348 of 2015 APPENDIX 1ST RESPONDENT'S ANNEXURES:

R1(A): PHOTOCOPY OF G.O.(RT) NO.3445/2014/G.EDN DT.27.8.14 R1(B): PHOTOCOPY OF G.O.(RT) NO.4965/2014/G.EDN DT.13.11.14 RKC TRUE COPY PA TO JUDGE

ANTONY DOMINIC & P.V.ASHA, JJ.

W.A.No.1348 of 2015 Dated this the 19th day of October, 2015

JUDGMENT

Antony Dominic, J.

This appeal is filed by respondents 1 to 4 in W.P.(C) No.3255 of 2014, challenging the judgment dated 13.8.2014 of the learned single Judge. Having heard the learned Government Pleader and also the learned counsel appearing for the respondents, we find that the issues raised in this appeal are fully covered against the appellants by virtue of the judgments of this Court in Moosakutty Vs. District Educational Officer, Wandoor (2009 (3) KLT 863) and Nadheera Vs. State of Kerala (2011 (3) KLT 790). Further Exts.R1(a) and R1 (b) produced along with counter to C.M.Appn.No.714 of 2015 shows that similar benefit has already been extended by the Government to similarly situated persons.

For all these reasons there is no merit in this appeal. The writ appeal is dismissed.

Sd/- ANTONY DOMINIC, JUDGE.

Sd/- P.V.ASHA, JUDGE.

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