High Court of KeralaWP(C)/23005/2015disposed of

Divya K.M v. State Of Kerala

2015-07-30Honourable Dr. Justice A.K.Jayasankaran Nambiar4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR THURSDAY, THE 30TH DAY OF JULY 2015/8TH SRAVANA, 1937 WP(C).NO. 23005 OF 2015 (A) ---------------------------- PETITIONER(S):

--------------- DIVYA K.M AGED 28 YEARS W/O.SHAJU P.C, HIGHER SECONDARY SCHOOL TEACHER (JUNIOR) IN ENGLISH RAMANATTUKARA HIGHER SECONDARY SCHOOL VAIDYARANGADI P.O, MALAPPURAM DISTRICT BY ADVS.SRI.K.T.SHYAMKUMAR SRI.HARISH R. MENON RESPONDENT(S):

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

2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM PIN 695001

3. THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, MALAPPURM-PIN 676 301 BY GOVERNMENT PLEADER SMT.LOWSY.A THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30-07-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).NO. 23005 OF 2015 (A) APPENDIX PETITIONER'S EXHIBITS:

EXT.P1: TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER EXT.P2: TRUE COPY OF THE ORDER DATED 25.6.2014 ISSUED BY THE 3RD RESPONDENT EXT.P3: TRUE COPY OF THE JUDGMENT DATED 1.6.2015 IN W.P(C). NO.16613/2014 AND CONNECTED CASES RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P A TO JUDGE

A.K.JAYASANKARAN NAMBIAR, J.

............................................................. W.P.(C).No.23005 of 2015 ............................................................. Dated this the 30th 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.P3 judgment of this Court. Resultantly, the order impugned in the wit petition, that approves the appointment of the petitioner as HSST with effect from a date, subsequent to the date of her actual appointment in the School, is quashed and the writ petition allowed by holding that the petitioner is entitled to the approval of her appointment with effect from the date of her appointment in the School. As a consequence of the aforesaid direction, I also make it clear that the petitioner is not required to pay contribution to the Contributory Pension Scheme that was introduced with effect from 01.04.2013.

A.K.JAYASANKARAN NAMBIAR JUDGE mns