IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942
WP(C).No.29105 OF 2020(K)
PETITIONER:
KAMARUNNISA J
AGED 42 YEARS
WIFE OF J.NASARUDHIN, FORMERLY HIGH SCHOOL ASSISTANT
(NATURAL SCIENCE), IQBAL HIGHER SECONDARY SCHOOL,
PERINGAMALA, THIRUVANANTHAPURAM-695563 (RESIDING AT
NOORULHUDA, KOCHUKARIKKAKAM, P.O.DAIVAPURA,
PERINGAMALA-695563, THIRUVANANTHAPURAM).
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 DISTRICT EDUCATIONAL OFFICER,
ATTINGAL, THIRUVANANTHAPURAM-695101.
4 THE MANAGER,
IQBAL HIGHER SECONDARY SCHOOL, PERINGAMALA,
THIRUVANANTHAPURAM-695563.
5 THE PRINCIPAL,
IQBAL HIGHER SECONDARY SCHOOL, PERINGAMALA,
THIRUVANANTHAPURAM-695563.
GP- SMT. NISHA BOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.29105 OF 2020
2
JUDGMENT
This writ petition is filed seeking the following prayers:
"(i) issue a writ of mandamus or other appropriate writ order or direction commanding 3 rd respondent to grant approval to the petitioner as HSA (NS) in Iqbal Higher Secondary School, Peringamala in scale of pay from 16.11.2014 to 31.5.2016, 03.07.2017 to 31.03.2018, 12.09.2018 to 31.3.2019 and from 06.06.2019 to 16.7.2020 and disburse the attendant benefits expeditiously.
(ii) issue a writ of mandamus or other appropriate writ order or direction commanding the 1st respondent to consider and pass appropriate orders upon Exhibit P-9 after affording an opportunity of being heard to the Petitioner within a time limit and duly taking note of Exhibit P-10."
2. Heard the learned counsel for the petitioner and the learned Government Pleader.
3. It is submitted that seeking approval of appointment as HSA (Natural Science) in the 4th respondent's school, the petitioner has preferred Ext.P9 revision petition which is pending before the 1 st respondent.
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.P9 revision petition submitted by the petitioner after notice to WP(C).No.29105 OF 2020 3 the petitioner as well as the 4th respondent. Appropriate orders shall be passed after hearing the parties, through any appropriate means including 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 NP WP(C).No.29105 OF 2020 4 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE G.O.
(RT.)NO.4509/2017/GEDN. DATED 22.11.2017 OF THE GOVERNMENT.
EXHIBIT P2 TRUE COPY OF THE ORDER NO.B3/3531/2017/D.DIS. DATED 09.04.2018 OF THE DEO, ATTINGAL.
EXHIBIT P3 TRUE COPY OF THE ORDER NO.B3/1591/2018/D.DIS. DATED 31.05.2018 OF THE DEO, ATTINGAL.
EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS OF THE MANAGER DATED 04.07.2017.
EXHIBIT P5 TRUE COPY OF THE ORDER NO.NEP(3)/37494/2018/DPI DATED 01.06.2018 OF THE 2ND RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE PROCEEDINGS OF THE MANAGER DATED 12.09.2018.
EXHIBIT P7 TRUE COPY OF THE PROCEEDINGS OF THE MANAGER DATED 01.06.2019.
EXHIBIT P8 TRUE COPY OF THE PROCEEDINGS OF THE MANAGER DATED 12.09.2019.
EXHIBIT P9 TRUE COPY OF THE REVISION PETITION SUBMITTED BEFORE THE GOVERNMENT DATED 04.12.2020.
EXHIBIT P10 TRUE COPY OF THE G.O(P)NO.31/2006/GE DATED 19.1.2006 OF THE GOVERNMENT. RESPONDENT'S/S EXHIBITS: NIL