Abani Raghavan. M vs The State Of Kerala

Citation : 2024 Latest Caselaw 10455 Ker
Judgement Date : 11 April, 2024

Kerala High Court

Abani Raghavan. M vs The State Of Kerala on 11 April, 2024

WPC.No.15101/24                      1


               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
            THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
   THURSDAY, THE 11TH DAY OF APRIL 2024 / 22ND CHAITHRA, 1946
                       WP(C) NO. 15101 OF 2024
PETITIONER:

            ABANI RAGHAVAN.M.,
            AGED 36 YEARS,
            W/O.SANIL O.S., LPST, KANHIRODE SANKARA VILASAM U.P.
            SCHOOL, P.O. KANHIRODE, KANNUR DISTRICT-670 592,
            RESIDING AT "ARPITHAM", CHALA, PADINHARAKKARA,
            P.O.THOTTADA,                 KANNUR DISTRICT, PIN -
            670 007.

            BY ADV.DINESH KUMAR K.



RESPONDENTS:

     1      THE STATE OF KERALA,
            REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
            EDUCATION DEPARTMENT, SECRETARIAT ANNEX-II,
            THIRUVANANTHAPURAM, PIN - 695 001.

     2      THE DIRECTOR OF GENERAL EDUCATION,
            JAGATHY, THIRUVANANTHAPURAM, PIN - 695 014.

     3      THE DEPUTY DIRECTOR OF EDUCATION,
            OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
            PUZHATHI HOUSING COLONY, KANNUR P.O.,
            KANNUR DISTRICT, PIN - 678 001.

     4      THE DISTRICT EDUCATIONAL OFFICER,
            CIVIL STATION, KANNUR, KANNUR DISTRICT, PIN - 678
            001.
 WPC.No.15101/24                   2




     5      ASSISTANT EDUCATIONAL OFFICER,
            KANNUR NORTH, NEAR SCIENCE PARK, KANNUR,
            KANNUR DISTRICT, PIN - 678 001.

     6      THE MANAGER,
            KANHIRODE SANKARA VILASAM U.P. SCHOOL, P.O.
            KANHIRODE, KANNUR DISTRICT, PIN - 670 592.

     7      THE HEADMISTRESS,
            KANHIRODE SANKARA VILASAM U.P. SCHOOL, P.O.
            KANHIRODE, KANNUR DISTRICT, PIN - 670 592.


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WPC.No.15101/24                     3


                            JUDGMENT

The petitioner who is working as LPST in Kanhirode Sankara Vilasam U.P.School, has approached this Court being aggrieved by the approval of her appointment only with effect from 15.07.2021, whereas the appointment was with effect from 15.07.2019. Further grievance of the petitioner is that, another teacher who was appointed after the date of appointment of the petitioner, was given approval with effect from 06.01.2020 and therefore, the decision taken by the authorities concerned, adversely affected the seniority of the petitioner as well. Being aggrieved by the same, the petitioner submitted Ext.P10 revision petition before the 1 st respondent, which is now pending consideration. Limited prayer sought by the petitioner is for a direction to the 1 st respondent to take up Ext.P10 within a time frame and pass appropriate orders thereon.

After hearing the learned counsel for the petitioner and the learned Government Pleader, I am inclined to dispose of this writ petition. Accordingly, this writ petition is disposed of directing that the 1st respondent shall take up Ext.P10 and pass appropriate orders thereon in accordance with law after hearing the petitioner, 6 th WPC.No.15101/24 4 respondent and any other persons affected. Orders thereon shall be passed within a period of four months from the date of receipt of a copy of this judgment.

Sd/-

ZIYAD RAHMAN A.A. JUDGE DG/11.4.24 WPC.No.15101/24 5 APPENDIX OF WP(C) 15101/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.

12410/2021 DATED 08/07/2021 OF THIS HONOURABLE COURT Exhibit P2 TRUE COPY OF THE ORDER AS G.O. (RT) NO.

4849/2021/G. EDN. DATED 29/10/2021 Exhibit P3 TRUE COPY OF THE ORDER NO. 01/2021 DATED 29/10/2021 BY RESCHEDULING THE APPOINTMENTS OF THE PETITIONER Exhibit P4 TRUE COPY OF THE APPOINTMENT ORDER DATED 01/06/2018 Exhibit P5 TRUE COPY OF THE APPOINTMENT ORDER DATED 01/06/2018 Exhibit P6 TRUE COPY OF THE APPROVAL ORDER OF THE PETITIONER BEARING NO. B/42654/2023/K. DIS DATED 03/05/2023 ISSUED BY THE 5TH RESPONDENT Exhibit P7 TRUE COPY OF THE APPROVAL ORDER OF SMT.

SREYA RAMESHAN N.V. BEARING NO.

B/42656/2023/K.DIS DATED 03/05/2023 ISSUED BY THE 5TH RESPONDENT Exhibit P8 TRUE COPY OF THE REVISION APPEAL DATED 09/08/2023 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P9 TRUE COPY OF THE ORDER NO.DGE/21255/2023/G4 DATED 10/03/2024 ISSUED BY THE 2ND RESPONDENT Exhibit P10 TRUE COPY OF THE REVISION PETITION DATED WPC.No.15101/24 6 10/03/2024 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT