Kerala High Court
Soumya Kachappilly vs State Of Kerala on 1 October, 2020
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 01ST DAY OF OCTOBER 2020 / 9TH ASWINA, 1942
WP(C).No.18845 OF 2020(E)
PETITIONER:
SOUMYA KACHAPPILLY
AGED 35 YEARS
W/O. JINU JOSEPH, PAYAPPILLY HOUSE, KATHIKUDAM P. O.,
KORATTY, THRISSUR DT. - 680 308.
BY ADVS.
SRI.LINDONS C.DAVIS
SMT.E.U.DHANYA
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, FINANCE
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 DISTRICT EDUCATIONAL OFFICER
MINI CIVIL STATION COMPLEX, IRINJALAKUDA, THRISSUR DISTRICT -
680 121.
3 REGIONAL DEPUTY DIRECTOR
HIGHER SECONDARY EDUCATION, SRV SCHOOL CAMPUS, ERNAKULAM,
KOCHI - 682 0165.
4 SPARK PROJECT MANAGEMENT UNIT
REPRESENTED BY ITS CHIEF PROJECT MANAGER, D.P.C. BUILDING,
1ST FLOOR, KERALA UNIVERSITY SENATE CAMPUS, PALAYAM,
THIRUVANANTHAPURAM - 695 034.
5 DISTRICT TREASURY OFFICER
AYYANTHOLE, THRISSUR - 680 003.
6 SUB TREASURY OFFICER
SUB TREASURY, CHALAKUDY - 680 307.
7 HEADMISTRESS
M.A.M.H.S.S., KORATTY, THRISSUR DISTRICT - 680 308.
8 PRINCIPAL
L.F.C.H.S.S., KORATTY, THRISSUR DISTRICT - 680 308.
OTHER PRESENT:
SRI.UNNIKRISHNA KAIMAL - GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.10.2020,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.18845 OF 2020(E)
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JUDGMENT
The petitioner has approached this Court seeking that her Service Book be directed to be corrected by the official respondents, to the extent to which the date of termination from the post of High School Assistant, MAMHSS, Koratty - of which the 7th respondent is the Headmistress - is shown as 28.10.2019 instead of 15.01.2019, as has also been directed in Ext.P1 order. The petitioner says that she has preferred Ext.P3 representation before the 5th respondent for this purpose and prays that the same be directed to be taken up and disposed of at the earliest.
2. The learned Government Pleader - Sri.Unnikrishna Kaimal, in response to the afore submissions made on behalf of the petitioner by Sri.Lindons C. Davis, submits that there does not appear to be any legal impediment in the correction as sought for by the petitioner, provided the process is implicitly followed by the 7th respondent - Headmistress. He says that the said respondent must now correct the service book of the petitioner and resubmit it before the District Treasury Office, Thrissur, so that the necessary corrections can be incorporated WP(C).No.18845 OF 2020(E) 3 under the process of the Service and Payroll Administrative Repository of Kerala (SPARK). He added to this by saying that once this is done, the 8th respondent - Principal can resubmit the salary slip of the petitioner, so that the same can be disbursed to her without any further delay.
3. When I consider the afore submissions, it is obvious that it may not be necessary for this Court to now direct the 5 th respondent to consider Ext.P3 representation since, if, as stated by the learned Government Pleader afore, the petitioner's Service Book is corrected by the 7 th respondent and re-presented before the Treasury Officer, her grievance would be fully allayed.
4. I therefore, order this writ petition and permit the petitioner to approach the 7th respondent - Headmistress of the school with an appropriate request, based on the submissions of the learned Government Pleader as afore, so as to enable the said respondent to correct the Service Book and to re-present the same before the District Treasury Officer, Thrissur. Once the Service Book is so re-presented, the District Treasury Officer will make necessary corrections in the SPARK without any avoidable delay.
WP(C).No.18845 OF 2020(E) 4 Needless to say, once the corrections are thus done, the petitioner will also be at liberty to approach the 8 th respondent to re-submit her salary bill, who shall do so expeditiously, so as to enable the 5th respondent to sanction the same and disburse the eligible amounts to her.
This writ petition is thus ordered.
Sd/-
DEVAN RAMACHANDRAN
rp JUDGE
WP(C).No.18845 OF 2020(E)
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER DATED 05.09.2018.
EXHIBIT P2 A COPY OF THE APPROVAL ORDER
NO.B2/8610/RDDE/HSE/EKM/19 DATED 10.03.2020 ISSUED BY THE 3RD RESPONDENT BY APPROVING THE APPOINTMENT OF THE PETITIONER AS HSST (SOCIOLOGY) FOR THE PERIOD FROM 08.07.2019 TO 28.02.2020 AT LFS HSS, KORATTY.
EXHIBIT P3 A COPY OF THE COMMUNICATION DATED 18.08.2020 TO THE SPARK.
EXHIBIT P4 A COPY OF THE EMAIL DATED 16.08.2020. EXHIBIT P5 A COPY OF THE REPRESENTATION OF THE PETITIONER DATED 24.08.2020.