High Court of KeralaWP(C)/20616/2015disposed of

Usha P.P. v. The State Of Kerala

2015-07-09Honourable Dr. Justice A.K.Jayasankaran Nambiar5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 9TH DAY OF JULY 2015/18TH ASHADHA, 1937 WP(C).NO. 20616 OF 2015 (B) ---------------------------- PETITIONER(S)/PETITIONERS:

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1. USHA P.P. AGED 42 YEARS D/O. M.V.GOVINDAN, HSST (JR), CHAPPARAPPADAVA HSS KANNUR, RESIDING AT EDAT, KANNUR.

2. PRAKASAN P. AGED 36 YEARS S/O. ABRAHAM, HSST (JR), CHAPPARAPPADAVA HSS KANNUR, PRAPPOYIL, KANNUR

3. SATHI M. AGED 38 YEARS D/O. P.DAMODARAN, HSST (JR), CHAPPARAPPADAVA HSS KANNUR, RESIDINGA AT, KOROM PAYYANNUR.

4. ANITHA KOONTHANAM AGED 43 YEARS D/O. JOSEPH K.T., HSST (JR), CHAPPARAPPADAVA HSS KANNUR, RESIDING AT ERUVATTY, KANNUR.

5. MANEESHA N.S. AGED 30 YEARS D/O. C.NARAYANAN, WORKING AS HSST (JR) CHAPPARAPPADAVA HSS, KANNUR, RESIDING AT CHERUPUZHA KANNUR.

6. THOMAS T.J. AGED 37 YEARS S/O. T.A.JOSEPH, WORKING AS HSST(JR) CHAPPARAPPADAVA HSS, KANNUR, RESIDING AT CHERUPUZHA KANNUR.

7. SIJI K. AGED 32 YEARS D/O. KARUNAKARAN, HSST, CHAPPARAPPADAVA HSS KANNUR, RESIDING AT MATHIL, KANNUR.

8. SHIJU P.P. AGED 32 YEARS S/O. JANARDHANAN, HSST, CHAPPARAPPADAVA HSS KANNUR, RESIDING AT SREEKANDAPURAM, KANNUR.

9. DHANYA M.P. AGED 30 YEARS D/O. NARAYANAN, HSST (JR), CHAPPARAPPADAVA HSS KANNUR, RESIDING AT EDAT, KANNUR.

10. ASHA M.D. AGED 36 YEARS W/O. XAVIER TONY, HSST (JR), MOOTHEDATH HSS THALIPPARAMBA, RESIDING AT GLORIA, THRICHAMARAM THALIPPARAMBA.

11. PRAVEEN T. AGED 41 YEARS S/O. A.K.BALAGOPALAN, HSST, MOOTHEDATH HSS THALIPPARAMBA, RESIDING AT SARADA NIVAS, SEVENTH MILE THALIPPARAMBA.

12. JISHA M. AGED 34 YEARS W/O. ANIL KUMAR, WORKING AS HSST, HSST MOOTHEDATH HSS, THALIPPARAMBA, PALODAN VEETTIL CHUZHALI, THALIPPARAMBA.

13. RAJITHA K.P. AGED 33 YEARS W/O. RAMAKRISHNAN, HSST, MOOTHEDATH HSS THALIPPARAMBA, RESIDING AT SREEPADAM, UTHIYOOR MATTANNUR.

14. RIJU K.P. AGED 33 YEARS S/O. T.K.GOVINDAN, HSST, HSST MOOTHEDATH HSS, THALIPPARAMBA, RESIDING AT JOO BHAVAN MALAPPURAM, SREEKANDAPURAM.

15. SUDHA E.P. AGED 39 YEARS W/O. SAJITH KUMAR, HSST (JR), HSST MOOTHEDATH HSS, THALIPPARAMBA, RESIDINT AT SURABHI KIZHAKKENADA, TRICHAMBARAM, THALIPPARAMBA.

16. RASNAMOL P.V. AGED 35 YEARS W/O. VINOD, HSST, HSST MOOTHEDATH HSS, THALIPPARAMBA, RESIDING AT YASHAS CHORUKKARA, KURUMATHUR.

17. SAPNA K. AGED 34 YEARS W/O. P.B.MANOJ, HSST (JR), MOOTHEDATH HSS THALIPPARAMBA, RESIDING AT THAPASIA, THRICHAMARAM THALIPPARAMBA.

BY ADVS.SRI.NIDHI BALACHANDRAN SRI.SABU GEORGE SRI.P.D.PAULY RESPONDENT(S)/RESPONDENTS:

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

2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION SANTHI NAGAR, THIRUVANANTHAPURAM-695001.

3. REGIONAL DEPUTY DIRECTOR OF EDUCATION KOZHIKODE-673101.

4. CHAPPARAPADAVA HIGHER SECONDARY SCHOOL REPRESENTED BY IT'S MANAGER, CHAPPARAPADAVA KANNUR

5. MOOTHEDATH HIGHER SECONDARY SCHOOL REPRESENTED BY IT'S MANAGER, TALIPPARAMBA KANNUR BY GOVERNMENT PLEADER SMT.M.J.RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).NO. 20616 OF 2015 (B) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ EXHIBIT P1- TRUE COPY OF THE ORDER NO. A4/13996/2011 (5) DATED 7-7-12 ISSUED BY THE 3RD RESPONDENT FOR APPROVING THE APPOINTMENT OF THE 1ST PETITIONER.

EXHIBIT P2- TRUE COPY OF THE ORDER NO. A4/13996/2011 (9) DATED 7-7-12 ISSUED BY THE 3RD RESPONDENT FOR APPROVING THE APPOINTMENT OF THE 2ND PETITIONER.

EXHIBIT P3- TRUE COPY OF THE ORDER NO. A4/13996/2011 (6) DATED 7-7-12 ISSUED BY THE 3RD RESPONDENT FOR APPROVING THE APPOINTMENT OF THE 3RD PETITIONER.

EXHIBIT P4- TRUE COPY OF THE ORDER NO. A4/13996/2011 (4) DATED 7-7-12 ISSUED BY THE 3RD RESPONDENT FOR APPROVING THE APPOINTMENT OF THE 4TH PETITIONER.

EXHIBIT P5- TRUE COPY OF THE ORDER NO. A4/13996/2011 (11) DATED 3-10-12 ISSUED BY THE 3RD RESPONDENT FOR APPROVING THE APPOINTMENT OF THE 5TH PETITIONER.

EXHIBIT P6- TRUE COPY OF THE ORDER NO. A4/13996/2011 (6) DATED 7-7-12 ISSUED BY THE 3RD RESPONDENT FOR APPROVING THE APPOINTMENT OF THE 6TH PETITIONER.

EXHIBIT P7- TRUE COPY OF THE ORDER NO. A4/13996/2011 (10) DATED 3-10-12 ISSUED BY THE 3RD RESPONDENT FOR APPROVING THE APPOINTMENT OF THE 7TH PETITIONER.

EXHIBIT P8- TRUE COPY OF THE ORDER NO. A4/13996/2011 (3) DATED 7-7-12 ISSUED BY THE 3RD RESPONDENT FOR APPROVING THE APPOINTMENT OF THE 8TH PETITIONER.

EXHIBIT P9- TRUE COPY OF THE ORDER NO. A4/13996/2011 (8) DATED 7-7-12 ISSUED BY THE 3RD RESPONDENT FOR APPROVING THE APPOINTMENT OF THE 9TH PETITIONER.

EXHIBIT P10- TRUE COPY OF THE ORDER NO. A4/13965/2011 (G) DATED 7-9-12 ISSUED BY THE 3RD RESPONDENT FOR APPROVING THE APPOINTMENT OF THE 10TH PETITIONER.

EXHIBIT P11- TRUE COPY OF THE ORDER NO. A4/13965/2011 (C) DATED 10-9-12 ISSUED BY THE 3RD RESPONDENT FOR APPROVING THE APPOINTMENT OF THE 11TH PETITIONER.

EXHIBIT P12- TRUE COPY OF THE ORDER NO. A4/13965/2011 (H) DATED 11-9-12 ISSUED BY THE 3RD RESPONDENT FOR APPROVING THE APPOINTMENT OF THE 12TH PETITIONER.

EXHIBIT P13- TRUE COPY OF THE ORDER NO. A4/13965/2011 (F) DATED 7-9-12

ISSUED BY THE 3RD RESPONDENT FOR APPROVING THE APPOINTMENT OF THE 13TH PETITIONER.

EXHIBIT P14- TRUE COPY OF THE ORDER NO. A4/13965/2011 (I) DATED 7-9-12 ISSUED BY THE 3RD RESPONDENT FOR APPROVING THE APPOINTMENT OF THE 14TH PETITIONER.

EXHIBIT P15- TRUE COPY OF THE ORDER NO. A4/13965/2011 (A) DATED 7-9-12 ISSUED BY THE 3RD RESPONDENT FOR APPROVING THE APPOINTMENT OF THE 15TH PETITIONER.

EXHIBIT P16- TRUE COPY OF THE ORDER NO. A4/13965/2011 (J) DATED 7-9-12 ISSUED BY THE 3RD RESPONDENT FOR APPROVING THE APPOINTMENT OF THE 16TH PETITIONER.

EXHIBIT P17- TRUE COPY OF THE ORDER NO. A4/13965/2011 (B) DATED 10-9-12 ISSUED BY THE 3RD RESPONDENT FOR APPROVING THE APPOINTMENT OF THE 17TH PETITIONER.

EXHIBIT P18- TRUE COPY OF THE G.O.(MS)NO. 126/1992/G.EDN DATED 17-51992 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P19- TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT DATED 412-2014 IN WPC 11048/2014 AND CONNECTED CASE. RESPONDENT(S)' EXHIBITS:NIL ------------------------- //TRUE COPY// P.A TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

............................................................. W.P.(C).No.20616 of 2015 ............................................................. Dated this the 9th day of July, 2015 J U D G M E N T The issue involved in this writ petition is squarely covered in favour of the petitioners by Ext.P19 judgment of this Court. Accordingly, I quash Exts.P1 to P17 to the extent they impose a condition that the candidate in question is not entitled to vacation salary in the year 2012 in terms of Rule 49 of Chapter XIVA of the KER. The respondents shall take immediate steps to disburse the vacation salary that is due and payable to the petitioners in the writ petition within a period of three months from the date of receipt of copy of this judgment.

A.K.JAYASANKARAN NAMBIAR JUDGE mns