IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942
WP(C).No.251 OF 2021(F)
PETITIONER:
HANAN K.P.
AGED 40 YEARS
WIFE OF FAIZAL IBRAHIM,
UPPER PRIMARY SCHOOL TEACHER,
AMUP SCHOOL,
PALLIKKAL, KONDOTTY,
MALAPPURAM DISTRICT-673634.
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 ANNEXURE II,
THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY, THIRUVANANTHAPURAM-695001.
3 THE DEPUTY DIRECTOR OF EDUCATION
DOWN HILL,
MALAPPURAM DISTRICT-676519.
4 THE DISTRICT EDUCATIONAL OFFICER
MALAPPURAM DISTRICT-676519.
5 THE ASSISTANT EDUCATIONAL OFFICER
KONDOTTY,
MALAPPURAM DISTRICT-673638.
6 THE MANAGER
AMUP SCHOOL,
PALLIKKAL, KONDOTTY,
MALAPPURAM DISTRICT-673634.
7 THE HEADMISTRESS
AMUP SCHOOL,
PALLIKKAL ,
WP(C).No.251 OF 2021(F)
2
KONDOTTY,
MALAPPURAM DISTRICT-673634.
GP-SMT.NISHA BOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.251 OF 2021(F)
3
JUDGMENT
Dated this the 6th day of January 2021 This writ petition is filed seeking the following reliefs:
"i) call for the records relating to Exhibit P8 and set aside the original of the same by the issue of a writ of certiorari or other appropriate writ or order.
ii) declare that the petitioner is entitled to get his probation declared with effect from 16.08.2019 on completion of 8 years of service in the category of UPSA.
iii) Issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents to uphold the statement of fixation of the petitioner as such.
iv) Issue a writ of mandamus or other appropriate writ, order or direction commanding the 1st respondent to consider and pass appropriate orders upon Exhibit P10 after affording an opportunity of being heard to the petitioner within a time limit, keeping in abeyance any coercive steps in the while."
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 seeking declaration of probation taking note of the earlier WP(C).No.251 OF 2021(F) 4 service in the leave vacancy as well, the petitioner has preferred Ext.P10 revision petition before the Government.
In the above view of the matter, there will be a direction to the 1st respondent to take up, consider and pass orders on Ext.P10 revision petition preferred by the petitioner, after hearing the petitioner also, by any appropriate means including through video conferencing within a period of three months from the date of receipt of a copy of this judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN JUDGE SVP WP(C).No.251 OF 2021(F) 5 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPROVED APPOINTMENT ORDER OF THE PETITIONER DATED 16/07/2011.
EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 04.06.2012 AND APPROVAL THEREON.
EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 30.11.2012 AND APPROVAL THEREON.
EXHIBIT P4 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 03.06.2013 AND APPROVAL THEREON.
EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS ORDER NO 4/2016/L.Dis DATED 28/06/2016 OF THE MANAGER.
EXHIBIT P6 TRUE COPY OF THE PROCEEDINGS ORDER NO 18/2016/L.DIS DATED 30.08.2016 OF THE HEADMISTRESS.
EXHIBIT P7 TRUE COPY OF THE STATEMENT OF FIXATION OF PAY OF THE PETITIONER AND APPROVED BY THE SENIOR SUPERINTENDENT, O/o THE AEO, EXHIBIT P8 TRUE COPY OF THE LETTER NO.
F2/29707/19 DATED 31.09.2019 OF THE DDE ALONG WITH RELEVANT PAGE OF THE AUDIT OBJECTION PROCEEDINGS. EXHIBIT P9 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT DATED 06.07.2020.
EXHIBIT P10 TRUE COPY OF THE REVISION PETITION SUBMITTED BEFORE THE GOVERNMENT DATED 18/12/2020.