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High Court of KeralaWP(C)/22147/2015disposed of

Debinamma Mathew v. State Of Kerala

2015-11-16Honourable Mr.Justice K.Vinod Chandran4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 16TH DAY OF NOVEMBER 2015/25TH KARTHIKA, 1937 WP(C).No. 22147 of 2015 (P) ---------------------------- PETITIONERS:

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1. DEBINAMMA MATHEW, AGED 35 YEARS W/O.SANTHOSH JOSEPH, PUTHENKULAM HOUSE, PUTHENCHANDA VAKATHANAM, KOTTAYAM-686 538.

2. SOUMYA.K.S, AGED 28 YEARS W/O.BIJU.T.B, KOLLAMPARAMBIL HOUSE, PUNNAVELI NEDUMKUNNAM-689 589.

BY ADVS.SRI.K.GOPALAKRISHNA KURUP (SR.) SRI.T.B.HOOD SRI.ABHISHEK KURIAN RESPONDENTS:

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1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERALEDUCATION (P) DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM-695 001.

2. THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM-686 002.

3. THE DISTRICT EDUCATIONAL OFFICER, KANJIRAPPILLY, KOTTAYAM-686 540.

4. THE HEADMISTRESS, GOVERNMENT NEW UP SCHOOL, NEDUMKUNNAM PUNNAVELI-689 589.

5. PRESIDENT, PARENT TEACHERS ASSOCIATION GOVERNMENT NEW UP SCHOOL, NEDUMNKUNNAM PUNNAVELI-689 589.

BY ADVS. SRI.N.MANOJ KUMAR SMT.JAYASREE MANOJ BY SRI.K.A.JALEEL, ADDL. ADVOCATE GENERAL BY GOVERNMENT PLEADER SRI. JOSE KALLIYATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 22147 of 2015 (P) APPENDIX PETITIONER'S EXHIBITS:- ----------------------------------- EXT.P1 - COPY OF G.O.(RT)NO.2453/88/G.EDN DATED 05.07.1988 EXT.P2 - COPY OF THE PRE-PRIMARY TEACHERS TRAINING CERTIFICATE OF THE 1ST PETITIONER EXT.P3 - COPY OF THE SECONDARY SCHOOL LEAVING CERTIFICATE OF THE 2ND PETITIONER EXT.P4 - COPY OF THE CERTICICATE DATED 20.11.2014 ISSUED BY THE HEAFSMISTRESS OF THE GOVERNMENT NEW UP SCHOOL, NEDUMKUNNAM.

EXT.P5 - COPY OF THE LETTER SENT BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT EXT.P6 - COPY OF THE LETTER SENT BY THE 4THE RESPONDENT TO THE 5TH RESPONDENT EXT.P7 - COPY OF THE REPLY SENT BY THE 5TH RESPONDENT TO THE 4TH RESPONDENT EXT.P8 - COPY OF THE LETTER SENT BY THE 4TH RESPONDENT TO THE 2ND RESPONDENT EXT.P9 - COPY OF G.O.(MS)NO.385/2012/G.EDN DATED 07.12.2012 EXT.P10 - COPY OF G.O.(MS)NO.146/2013/G.EDN DATED 25.04.2013. EXT.P11 - COPY OF THE REPRESENTATION SUBMITTED BY THE PARENT TEACHERS ASSOCIATION TO THE MINISTER FOR EDUCATION EXT.P12 - COPY OF THE LETTER DATED 21.02.2014 SENT BY THE 2ND RESPONDENT TO THE 1ST PETITIONER.

RESPONDENTS' EXHIBITS:- NIL --------------------------------------- //TRUE COPY// P.A. TO JUDGE sp

K. VINOD CHANDRAN, J.

--------------------------------------- W.P(C). No.22147 of 2015 --------------------------------------- Dated this the 16th day of November, 2015.

JUDGMENT

The grievance of the petitioners is substantially redressed, looking through the Counter Affidavit filed on behalf of the first respondent. Paragraph 3 of which is extracted hereunder: "3. Government have examined the matter in detail and noticed that the Preprimary school in the Government New UPS, Nedumkunnam was started before the ban viz.

07.12.12 and application for approval also was submitted on time. The application has reached the Office of the DDE on 06.12.2012. It was due to administrative delay that the order of approval was not able to be issued before the Government ban on 7.12.2012. Since the teacher and Ayah are qualified they are eligible for the honorarium. The Deputy Director of Education will be directed to take necessary steps for the approval of the Preprimary functioning in Governing new UPS, Nedumkunnam and to sanction honorarium to the Preprimary staff after

W.P(C). No.22147 of 2015 ensuring their eligibility."

2. In such circumstances, Ext.P12 is quashed and the Deputy Director of Education hence is directed to take a decision within three months from the date of receipt of the certified copy of this judgment. It is made clear that the contentions of the petitioners are left open.

The writ petition is disposed of.

Sd/- K. VINOD CHANDRAN, JUDGE.

//True Copy// P.A. to Judge.

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