IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942
WP(C).No.64 OF 2021(G)
PETITIONER:
S.SOUMYA
AGED 35 YEARS
D/O. K.S.SUSEELAN, LILLY BHAVAN, PARIPPALLY P.O.,
KOLLAM-691574.
BY ADVS.
SRI.R.KRISHNAKUMAR (CHERTHALA)
SMT.TINY THOMAS
RESPONDENTS:
1 STATE OF KERALA
REP. BY ITS SECRETARY TO THE GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE DEPUTY DIRECTOR OF EDUCATION,
KOLLAM, GOVERNMENT BHSS CAMPUS, THEVALLY P.O.,
KOLLAM-691009.
3 THE DISTRICT EDUCATIONAL OFFICER,
KOLLAM, CIVIL STATION, KOLLAM-691013.
4 THE MANAGER,
CHEMPAKASSERY HIGH SCHOOL, TTI AND UPS,
CHEMPAKASSERY EDUCATIONAL AGENCY, BHOOTHAKULAM P.O.,
KOLLAM-691302.
R1 TO R3 BY SRI.UNNIKRISHNA KAIMAL, GOVERNMENT
PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.64 OF 2021(G) 2
JUDGMENT
Dated this the 5th day of January 2021 This writ petition is filed seeking the following reliefs:
a) Issue a writ of mandamus or any other appropriate writ, order or direction directing the respondents no.1 to 3 to approve the appointment of the petitioner as H.S.A.[Eng] in the 4th respondent school as per Ext.P1 order from 03-06- 2013 to 30-06-2017 and sanction and disburse all service benefits to her without any further delay.
b) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to consider and pass orders on Ext.P7 revision petition within a time frame fixed by this Hon'ble Court after affording an opportunity of hearing to the petitioner.
c) Issue such other appropriate writs, orders or directions as this Hon'ble Court deems fit and proper in the facts and circumstances of the case.
2. Heard the learned Counsel for the petitioner and the learned Government Pleader.
3. It is submitted by the learned Counsel for the petitioner that WP(C).No.64 OF 2021(G) 3 seeking approval of appointment, the petitioner has submitted Ext.P7 Revision Petition before the 1st respondent.
4. There will accordingly be a direction to the 1 st respondent to take up, consider and pass orders on Ext.P7 Revision Petition, within a period of three months from the date of receipt of a copy of this judgment, after hearing the petitioner as well as the Manager, by any appropriate means including through video conferencing. The benefits if any found due to the petitioner shall be disbursed within a period of three months thereafter.
The writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE Bb/5/1/2021 WP(C).No.64 OF 2021(G) 4 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE APPOINTMENT ORDER NO.JM/KV-3/2013 DATED 1.6.2013 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER. EXHIBIT P2 A TRUE COPY OF THE STAFF FIXATION ORDER FOR THE ACADEMIC YEAR 2013-14 OF THE 4TH RESPONDENT'S SCHOOL AS PER ORDER NO.D.DIS/B4/10465/2013 DATED 13.5.2014 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P3 A TRUE COPY OF THE STAFF FIXATION ORDERS FOR THE ACADEMIC YEAR 2014-15 OF THE 4TH RESPONDENT'S SCHOOL AS PER ORDER NO.D.DIS/B4/5039/2014 DATED 15.7.2014 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P4 A TRUE COPY OF THE ORDER NO.B3/5746/2014/K.DIS. DATED 19.7.2014 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P5 A TRUE COPY OF THE CERTIFICATE ISSUED BY HEADMISTRESS, CHEMPAKASSERY HIGHER SECONDARY SCHOOL, BHOOTHAKULAM TO THE PETITIONER DATED 9.10.2020.
EXHIBIT P6 A TRUE COPY OF THE APPOINTMENT ORDER ISSUED TO INDULEKHA DATED 4.7.2011 AND THE ENDORSEMENT MADE BY 3RD RESPONDENT REGARDING APPROVAL GRANTED TO HER IN THE BOTTOM OF APPOINTMENT ORDER.
EXHIBIT P7 A TRUE COPY OF THE REVISION PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 14.12.2020.
RESPONDENTS' EXHIBITS:NIL [True copy] P.A to Judge Bb