WP(C) NO. 19272 OF 2022 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
WP(C) NO. 19272 OF 2022
PETITIONER:
VINITHA KUMARI S.,
W/O. SADANANDAN K. G., S.A. SADANAM,
KOCHUPUTHENPURAYIL, PAVUKKARA PO, MANNAR,
ALAPPUZHA-689 622. (LABORATORY ASSISTANT DEVASWOM
BOARD HIGHER SECONDARY SCHOOL, PARUMALA)
BY ADVS.
S.SUBHASH CHAND
ASWATHY JINADEVAN
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
THIRUVANANTHAPURAM-695 001.
3 THE REGIONAL DEPUTY DIRECTOR,
HIGHER SECONDARY EDUCATION, OFFICE OF THE REGIONAL
DEPUTY DIRECTOR, CHENGANNUR - 689121.
4 THE PRINCIPAL,
DEVASWOM BOARD HIGHER SECONDARY SCHOOL, PARUMALA
PO, PATHANAMTHITTA-689626.
5 THE CORPORATE MANAGER/SECRETARY,
TRAVANCORE DEVASWOM BOARD SCHOOLS, DEVASWOM
BUILDINGS, NANTHANCODE PO,
THIRUVANANTHAPURAM-695 033.
WP(C) NO. 19272 OF 2022 2
SMT NISHA BOSE, SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 19272 OF 2022 3
JUDGMENT
The petitioner contends that she entered service as a Laboratory Assistant in the Devaswom Board Higher Secondary School, Parumala, an aided school managed by the 5th respondent with effect from 5.6.2002. According to the petitioner, approval was granted only with effect from 28.3.2003. Later, when the Government granted permission to approve the post with effect from the date of appointment, Ext.P1 order was issued by the 3rd respondent granting approval from the initial date of appointment. In the said circumstances, the petitioner claimed higher grade benefits, but the same was rejected by Ext.P3 order. According to the petitioner, persons similarly placed as the petitioner were granted the benefits as is evident from Exts.P4 and P5. Highlighting her grievance, the petitioner is stated to have preferred Ext.P7 representation before the 1st respondent. It is in the above backdrop that the petitioner is before this Court seeking issuance of directions to the 1st respondent to consider and pass orders on Ext.P7 adverting to Exts.P4 to P6.
2. I have heard Sri. Subhash Chand S, the learned counsel appearing for the petitioner and Smt.Nisha Bose, the learned Senior Government Pleader. In the nature of the order that I propose to pass, notice to the respondents 4 and 5 is dispensed with. WP(C) NO. 19272 OF 2022 4
3. After having carefully evaluated the contentions raised in this writ petition, the submissions made across the Bar, and the facts and circumstances, I am of the view that this writ petition can be disposed of at the admission stage itself by issuing the following directions:
a) There will be a direction to the 1st respondent to take up, consider and pass appropriate orders on Ext.P7, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or her authorised representative and the respondents 4 and 5.
b) Orders, as directed above, shall be passed expeditiously, in any event, within a period of two months from the date of production of a copy of this judgment.
c) It would be open to the petitioner to produce a copy of the writ petition along with the judgment before the concerned respondent to ensure compliance.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V JUDGE IAP WP(C) NO. 19272 OF 2022 5 APPENDIX OF WP(C) 19272/2022 PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE ORDER BEARING NO.3178/C7/ 2019/RDD/CNGR DATED 30.04.2019 THUS ISSUED BY RESPONDENT NO.3 Exhibit P2 TRUE COPY OF THE COVERING LETTER OF RESPONDENT NO.4 TO RESPONDENT NO.3 BEARING NO.139/21-22 DATED 31.03.2022.
Exhibit P3 TRUE COPY OF THE ENDORSED ORDER OF RESPONDENT NO.3 ON THE BACKSIDE OF EXT.P2 COVERING LETTER.
Exhibit P4 TRUE COPY OF THE PAY FIXATION STATEMENT OF ONE SRI.MADHUSOODANAN PILLAI, LAB ASSISTANT, DEVASWOM BOARD HIGHER SECONDARY SCHOOL, PARUMALA.
Exhibit P5 TRUE COPY OF THE GOVERNMENT ORDER OF RESPONDENT NO.1 BEARING NO.A3/212/2020/ G.EDN. DATED 12.10.2021.
Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 26.11.2021 IN WP(C).NO.25286/2021.
Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 06.05.2022 THUS SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.1.
RESPONDENTS' EXHIBITS:
NIL