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.66 OF 2021(G)
PETITIONER:
RAKHI U.K.,
AGED 36 YEARS
WIFE OF GANESH MOULY,
UPPER PRIMARY SCHOOL ASSISTANT,
NETAJI HIGHER SECONDARY SCHOOL, PRAMADOM,
PATHANAMTHITTA DISTRICT-689646.
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 ANNEXE II, THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
PATHANAMTHITTA AT THIRUVALLA-689101.
4 THE DISTRICT EDUCATIONAL OFFICER,
PATHANAMTHITTA-689001.
5 THE MANAGER,
NETAJI HIGHER SECONDARY SCHOOL, PRAMADOM,
PATHANAMTHITTA DISTRICT-689646.
6 THE PRINCIPAL,
NETAJI HIGHER SECONDARY SCHOOL, PRAMADOM,
PATHANAMTHITTA DISTRICT-689646.
R1 TO R4 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.66 OF 2021(G) 2
JUDGMENT
Dated this the 5th day of January 2021 This writ petition is filed seeking the following reliefs:
(i) call for the records relating to Exhibits P-2 and P-3 and set aside the originals of the same by the issue of a writ of certiorari or other appropriate writ or order.
(ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 4 th Respondent to approve the appointment of the Petitioner since 01.06.2018 and disburse the attendant benefits forthwith.
(iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 1 st Respondent to consider and pass appropriate orders upon Exhibit P-4 after affording an opportunity of being heard to the Petitioner within a time limit.
(iv) pass such other order or direction which this Hon'ble Court may deem fit and proper to grant in the circumstances of the case.
2. Heard the learned Counsel for the petitioner and the learned Government Pleader.
3. The learned Counsel for the petitioner submits that seeking approval of appointment, the petitioner has approached the 1 st respondent WP(C).No.66 OF 2021(G) 3 preferring Ext.P4 Revision Petition which is still pending.
4. Having heard the learned Government Pleader also, there will be a direction to the 1st respondent to take up, consider and pass orders on Ext.P4 Revision Petition preferred by the petitioner, with notice to the petitioner as well as the Manager, within a period of three months from the date of receipt of a copy of this judgment. The contentions raised by the petitioner including in terms of Ext.P6 Government Order shall be considered by the respondents. The benefits if any found due to the petitioner shall also be released within a period of three months thereafter.
The writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE Bb/5/1/2021 WP(C).No.66 OF 2021(G) 4 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 1.6.2018.
EXHIBIT P2 TRUE COPY OF THE LETTER NO.B5/4716/2018/K.DIS. DATED 11.1.2019 OF THE DEO, PATHANAMTHITTA APPOINTMENT ORDER OF THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE ORDER NO.B4/1847/2019/K.DIS. DATED 5.4.2019 OF THE DDE, PATHANAMTHITTA.
EXHIBIT P4 TRUE COPY OF THE REVISION PETITION MOVED BEFORE THE GOVERNMENT BY THE PETITIONER DATED 9.12.2020.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN WP(C) NO.19592/2011 DATED 5.10.2017.
EXHIBIT P6 TRUE COPY OF THE G.O.
(RT)NO.5533/2019/G.EDN. DATED 18.12.2019 OF THE GOVERNMENT.
RESPONDENTS' EXHIBITS: NIL [True copy] P.A to Judge Bb