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High Court of KeralaWP(C)/22426/2015disposed of

Smt. Bindu P v. State Of Kerala

2015-07-24Honourable Dr. Justice A.K.Jayasankaran Nambiar5 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR FRIDAY, THE 24TH DAY OF JULY 2015/2ND SRAVANA, 1937 WP(C).NO. 22426 OF 2015 (C) ---------------------------- PETITIONER(S):

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1. SMT. BINDU P JR.HIGHER SECONDARY SCHOOL TEACHER (COMMERCE), S.D.V.H.S.S PERAMANGALAM THRISSUR 2.SMT.SHIBINA JR.HIGHER SECONDARY SCHOOL TEACHER (ENGLISH), S.D.V.H.S.S PERAMANGALAM THRISSUR

3. PRASAD G.PILLA LABORATORY ASSISTANT S.D.V.H.S.S PERAMANGALAM THRISSUR BY ADV. SRI.MVS.NAMBOOTHIRY RESPONDENT(S):

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

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

3. THE REGIONAL DEPUTY DIRECTOR HIGHER SECONDARY EDUCATION, EDAPPALLY, ERNAKULAM-682 024

4. THE MANAGER SREE DURGA VILASAM HIGHER SECONDARY SCHOOL PERAMANGALAM THRISSUR-680 545

5. THE PRINCIPAL SREE DURGA VILASAM HIGHER SECONDARY SCHOOL PERAMANGALAM THRISSUR-680 545 BY GOVERNMENT PLEADER SMT.M.J.RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).NO. 22426 OF 2015 (C) APPENDIX PETITIONER'S EXHIBITS:

EXT.P1:TRUE COPY OF THE APPOINTMENT ORDER DATED 18.03.2013 ISSUED TO THE 1ST PETITIONER EXT.P2:TRUE COPY OF THE JOINING REPORT OF THE 1ST PETITIONER EXT.P3:TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 23.5.2014 EXT.P4:TRUE COPY OF THE APPOINTMENT ORDER DATED 18.03.2013 ISSUED TO THE 2ND PETITIONER EXT.P5:TRUE COPY OF THE JOINING REPORT OF THE 2ND PETITIONER EXT.P6:TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 23.5.2014 EXT.P7:TRUE COPY OF THE APPOINTMENT ORDER DATED 27.03.2013 ISSUED TO THE 3RD PETITIONER EXT.P8:TRUE COPY OF THE JOINING REPORT OF THE 3RD PETITIONER EXT.P9:TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED 8.11.2013 EXT.P10:TRUE COPY OF THE JUDGMENT DATED 22.5.2012 IN W.P.(C).NO.5709/2007 OF THIS HON'BLE COURT EXT.P11:TRUE COPY OF THE JUDGMENT DATED 04.06.2015 IN W.P.(C).NO.16696/20015 OF THIS HON'BLE COURT RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P A TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

............................................................. W.P.(C).No.22426 of 2015 ............................................................. Dated this the 24th day of July, 2015 J U D G M E N T The issue involved in the writ petition is squarely covered in favour of the petitioner By Ext.P11 judgment of this Court. Resultantly, the orders impugned in the wit petition, that approve the appointment of the petitioners as HSST with effect from a date, subsequent to the date of their actual appointment in the School, are quashed and the writ petition allowed by holding that the petitioners are entitled to approval of their appointment with effect from the date of their appointment in the School. As a consequence of the aforesaid direction, I also make it clear that the petitioners would not be required to pay contribution to the Contributory Pension Scheme that was introduced with effect from 01.04.2013. A.K.JAYASANKARAN NAMBIAR JUDGE mns