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2026 Supreme(Online)(Ker) 7413

IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V. MENON, J
P.JAYA – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.V.A.MUHAMMED, SHRI.PRESAD V.G.
For the Respondents: SRI SUNIL NATH, GP

Table of Content
1. petitioner exited service due to retrenchment. (Para 1)
2. petitioner's claims compared against similar cases. (Para 2 , 3)
3. court observes inconsistency in reviewing equal cases. (Para 4 , 5)
4. court orders reassessment of petitioner's claims. (Para 6)
5. court mandates release of gratuity. (Para 7 , 8)

J U D G M E N T

The petitioner, who joined the service of the school managed by the 5th respondent herein as UPSA on 19.10.1990, has admittedly retired from the service on 31.05.2023. During the year 2019-20, on the basis of the results pursuant to the visit by a Super Check Cell, one UPSA division was found to be in excess, since there were certain bogus admissions to the school concerned. Therefore, the petitioner was retrenched from service. The petitioner, however, contended that she ought to have been extended the protection and included in the teachers bank, with reference to the various Government Orders. An order of penalty was also imposed on the petitioner during the pendency of an application seeking regularisation of the services of the petitioner without a sanctioned post. The order of penalty at Ext.P5 is challenged before the Director as evidenced by

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