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High Court of KeralaWP(C)/7957/2015disposed of

Simy Sabu v. State Of Kerala

2015-04-07Honourable Mr. Justice A.Muhamed Mustaque11 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE TUESDAY, THE 7TH DAY OF APRIL 2015/17TH CHAITHRA, 1937 WP(C).No. 7957 of 2015 (T) --------------------------- PETITIONER(S):

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1. SIMY SABU, AGED 24 YEARS, D/O.SABU KP, RESIDING AT KUZHIMATTATHIL, PULIYANNOOR PO, KOTTAYAM DISTRICT

2. SHEEJA.T.G,AGED 34 YEARS, D/O.GOPI, RESIDING AT THALAMADAYIL, PADINJATTINKARA PO KOTTAYAM DISTRICT BY ADV. SRI.A.SHAFEEK (KAYAMKULAM) RESPONDENT(S):

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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 INSTRUCTIONS, THIRUVANANTHAPURAM 695014

3. THE DEPUTY DIRECTOR OF EDUCATION KOTTAYAM

4. THE DISTRICT EDUCATION OFFICER PALA 686575

5. THE ASSISTANT EDUCATIONAL OFFICER PALA 686575

6. ASHRAMAM GOVERNMENT LOWER PRIMARY SCHOOL PULIYANNOOR , REPRESENTED BY ITS HEADMISTRESS R BY GOVERNMENT PLEADER SRI.M.A.FAYAZ (SR.) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 7957 of 2015 (T) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------- P1:TRUE COPY OF THE PRE PRIMARY TEACHERS TRAINING CERTIFICATE ISSUED TO THE 1ST PETTIIONER BY THE GOVERNMENT OF KERALA P2:TRUE COPY OF THE RELEVANT PAGE OF THE SSLC BOOK OF THE 2ND PETITIONER P3:TRUE COPY OF THE SANCTIONING PRE PRIMARY SCHOOL AT THE 6TH RESPONDENT SCHOOL ISSUED BY THE 3RD RESPONDENT P4:TRUE COPY OF THE ACQUITTANCE REGISTER OF PRE PRIMARY TEACHER AND AYAH KEPT AT THE OFICE OF THE 6TH RESPONDENT P5:TRUE COPY OF THE GO(RT)NO.465/88/G.EDN. DATED 06.02.1988 P6:TRUE COPY OF THE GO(RT)NO.2453/88G.EDN. DATED 05.07.1998 P7:TRUE COPY OF THE GO(MS)NO. 385/2012/G.EDN DATED 7.12.2012 P8:TRUE COPY OF THE GO(MS)NO.146/2013/G.EDN. DATED 25.04.2013 P9:TRUE COPY OF THE ORDER APPOINTING THE 1ST PETITIONERR ON 15.10.

2012 BY THE 6TH RESPONDENT P10:TRUE COPY OF THE ORDER APPOINTING OF2ND PETITIONER ON 19.11.2012 BY THE 6TH RESPONDENT P11:TRUE COPY OF THE CIRCULAR NO.NS 4/44009/14/DPI DATED 28.06.2014 P12:TRUE COPY OF THE JUDGMENT DATED 05.01.2015 OF THIS HONOURBLE COURT IN WPC. NO.31828/2014 RESPONDENT(S)' EXHIBITS -------------------------: NIL /TRUE COPY/ P.S. TO JUDGE.

A.MUHAMED MUSTAQUE, J.

- - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 7957 OF 2015 - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of April , 2015

JUDGMENT

The first petitioner has been working as pre-primary school teacher and the 2nd petitioner has been working as Ayah attached to Ashraman Government Lower Primary School, Pulliyannoor. The first petitioner joined the service on 15/10/2012 and the second petitioner joined the service as Ayah on 19/11/2012. They claim that they are entitled for the honorarium in the light of Government Order dated 7/12/2012, which is produced as Ext.P7. Ext.P7 order was passed in compliance with the direction of the Division Bench of this Court in W.A. No.205/2011, in which the Court directed the Government to pay Rs. 5000/- per month to the pre-primary school teachers attached to the Government schools and Rs.3,500/- per month to Ayahs.

2. In the light of the above facts and circumstances, there shall be a direction to the 4th respondent to pay honorarium at the rate of Rs.5,000/- per month including

arrears to the first petitioner and Rs.3,500/- per month with arrears to the 2nd petitioner from April 2014 onwards, within three months from the date of receipt of a copy of this judgment.

The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, Judge.

dpk /true copy/ PS to Judge.