Kerala High Court
C.T.Maggy vs The State Of Kerala on 24 February, 2025
2025:KER:15604
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE HARISANKAR V. MENON
MONDAY, THE 24TH DAY OF FEBRUARY 2025 / 5TH PHALGUNA, 1946
WP(C) NO. 12176 OF 2019
PETITIONER:
C.T.MAGGY, AGED 56 YEARS,
WIFE OF K.K.THOMAS,
FORMER HIGHER SECONDARY SCHOOLTEACHER(MATHS),
VRAMM HIGHER SECONDARY
SCHOOOL,THAIKKAD,GURUVAYUR,THRISSUR DISTRICT-
680104.(RESIDING AT KOOTHUR HOUSE,BRAHMAKULAM,
THRISSUR DISTRICT-680104).
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,SECRETARIAT,
ANNEXE-II, THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF HIGHER SECONDARY EDUCATION,
HOUSING BOARD BUILDINGS,SANTHI NAGAR,
THIRUVANANTHAPURAM-695001.
3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION, ERNAKULAM AT EDAPALLY-682024.
4 THE PRINCIPAL,
VRAMM HIGHER SECONDARY SCHOOL,
THAIKKAD,GURUVAYUR,THRISSUR DISTRICT-680104.
W.P.(C)No.12176 of 2019 2 2025:KER:15604
5 THE ACCOUNTANT GENERAL(A AND E)KERALA,
THIRUVANANTHAPURAM-680104.
OTHER PRESENT:
SRI.DHEERAJ A.S., GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
24.02.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.(C)No.12176 of 2019 3 2025:KER:15604
JUDGMENT
The petitioner who was originally appointed as an HSA (Mathematics) and later promoted as the Headmistress w.e.f. 01.06.1998 and subsequently posted as the H.S.S.T (Mathematics) w.e.f. 01.06.2016 has filed the captioned writ petition seeking directions to the respondents to grant pay fixation for the period from 01.06.2016 along with the increments available to the petitioner.
2. On 21.08.2023, this Court had taken note of the retirement of the petitioner from service on 30.06.2018, as also the fact that the petitioner's retirement benefits were being withheld and directed the respondents to take appropriate steps to see that the regular pension, DCRG, commuted value of pension etc., are sanctioned, admitted and disbursed within a time frame.
3. The learned Government Pleader would submit with reference to a communication dated 20.04.2024 of the Sub-Treasury Office, Chavakkad, to the effect that upon retirement of the petitioner, the retiral benefits as W.P.(C)No.12176 of 2019 4 2025:KER:15604 above, have been disbursed and credited to the Bank account of the petitioner.
4. The learned counsel for the petitioner however, would point out that the afore fixation and disbursement is only with respect to the employment/posting of the petitioner in the cadre of Headmistress and fixation and disbursement as regards the posting in the cadre of HSST ( Mathematics) has not been carried out and disbursed.
5. I notice that the communication dated 20.04.2024 relied on the learned Government Pleader does not consider the afore aspect.
In the result, this writ petition would stand disposed of as under:-
i. The petitioner to make an appropriate representation to the 1st respondent herein pointing out the facts and figures and seeking fixation /disbursement of pay and retiral benefits with respect to the post of HSST (Mathematics), within a period of four weeks from today.
W.P.(C)No.12176 of 2019 5 2025:KER:15604 ii. If such an application is being filed by the petitioner, the 1st respondent to consider the same and pass appropriate orders as expeditiously as possible, at any rate, within a period of four weeks thereafter.
Sd/-
HARISANKAR V. MENON JUDGE ANA W.P.(C)No.12176 of 2019 6 2025:KER:15604 APPENDIX OF WP(C) 12176/2019 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER NO.A5/5518/RD/HSE/EKM/2018 DATED 24.09.2018 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE PROPOSAL VIDE LETTER NO.C-853/18-19 DATED 15.11.2018 EXHIBIT P3 TRUE COPY OF THE LETTER NO.C.862/2018 DATED 27.12.2018 ADDRESSED TO THE 3RD RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE COMMUNICATION VIDE LETTER NO.C-861/2018-19 DATED 30.12.2018.
EXHIBIT P5 TRUE COPY OF THE ORDER NO.A5/627/RDD/19 DATED 11.02.2019.
EXHIBIT P6 TRUE COPY OF THE LETTER NO. /2019 DATED 02.2019 OF THE PRINCIPAL ADDRESSING THE 3RD RESPONDENT.