M.V.Shaini v. The State Of Kerala

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN MONDAY, THE 14TH DAY OF SEPTEMBER 2015/23RD BHADRA, 1937 WP(C).No. 27657 of 2015 (F) ---------------------------- PETITIONER:

-------------------------- M.V.SHAINI AGED 43 YEARS W/O. RAGHUNATHAN, UPPER PRIMARY SCHOOL ASSISTANT A M U P SCHOOL, AKALAD, CHAVAKAD THRISSUR DISTRICT.

BY ADVS.SRI.V.A.MUHAMMED SRI.M.SAJJAD RESPONDENTS:

----------------------------

1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM - 695 001.

2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM - 695 014.

3. THE ASSISTANT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR - 680 506.

4. THE HEADMISTRESS, A M U P SCHOOL, AKALAD, CHAVAKAD THRISSUR - 680 518.

5. THE MANAGER, A M U P SCHOOL, AKALAD, CHAVAKKAD THRISSUR - 680 518.

R1-R4 BY GOVERNMENT PLEADER SMT. A LOWSY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 27657 of 2015 (F) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT-P1-TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 23/06/1994 AND APPROVAL THEREON.

EXHIBIT-P2-TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 10/06/1995 AND APPROVAL THEREON.

EXHIBIT-P3-TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 12/02/1997 AND APPROVAL THEREON.

EXHIBIT-P4-TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 19/06/2000 AND APPROVAL THEREON.

EXHIBIT-P5-TRUE COPY OF THE ORDER NO. SC-140/04-05 KKS DATED 06/12/2005 OF THE DIRECTOR.

EXHIBIT-P6-TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 02/06/2008 AND APPROVAL THEREON.

EXHIBIT-P7-TRUE COPY OF THE ORDER NO C/3031/05/K.DIS DATED 12/03/2008 OF THE ASSISTANT EDUCATIONAL OFFICER.

EXHIBIT-P8-TRUE COPY OF THE G.O(RT) 622/2011/G.EDN. DATED 14/02/2011. EXHIBIT-P9-TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 31/07/2015.

EXHIBIT-P10-TRUE COPY OF THE CERTIFICATE ISSUED BY THE HEADMISTRESS OF THE SCHOOL DATED 15/06/2015.

RESPONDENT(S)' EXHIBITS: NIL --------------------------------------- TRUE COPY P.A TO JUDGE jma

K. VINOD CHANDRAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No. 27657 of 2015 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of September, 2015

J U D G M E N T

The petitioner was appointed as UPSA in AMUP School, Akalad, as is evidenced from the appointment orders produced at Exts.P1 to P4, which post was abolished by the Director of Public Instruction with effect from 15.07.2004, by Ext.P5. She was paid salary upto November 2005. It is submitted by the petitioner that notwithstanding Ext.P5 order she had continued in service all long. She was shifted to a retirement vacancy from 2.06.2008. It is submitted that notwithstanding the approval contained in Ext.P6 from 2.6.2008, the petitioner is being only paid from 01.06.2010. The petitioner was denied the salary from 01.06.2007 to 31.05.2010. Aggrieved by the same, the petitioner filed Ext.P9 representation before the Government praying for orders to release her salary from 01.06.2007 to 31.05.2010 and also sought for treating the period from December 2005 to May 2007

WPC.No.27657/2015 : 2 :

as notional service. The petitioner seeks expeditious consideration of Ext.P9 representation.

In such circumstance, Ext.P9 representation if received in original before the 1st respondent, the 1st respondent shall consider and pass orders expeditiously within three months from the date of receipt of certified copy of this judgment. Writ petition is disposed of.

Sd/- (K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge