Kerala High Court
Rehna.U vs State Of Kerala on 7 April, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943
WP(C).No.40186 OF 2016(W)
PETITIONERS:
1 REHNA.U
AGED 37 YEARS, D/O.U.HASSAIN,H.S.A (NATURAL
SCIENCE), MMET HS,MELMURI, MELMURI P.O., MALAPPURAM
DISTRICT - 676 517.
2 RASHEED MOLLAPPALLI
AGED 41 YEARS, S/O. ALAYI HAJI,HSA(MALAYALAM),
MMETHS, MELMURI,MELMURI P.O., MALAPPURAM DISTRICT -
676 517.
3 NAZEERA K
AGED 37 YEARS, D/O. K.MUHAMMEDKUTTY,HSA(MALAYALAM),
MMETHS, MELMURI,MELMURI P.O., MALAPPURAM DISTRICT -
676 517.
4 RAIHANATH M
AGED 35 YEARS, D/O. M.ABDU RAHIMAN,HSA(ARABIC),
MMETHS, MELMURI,MELMURI P.O., MALAPPURAM DISTRICT -
676 517.
BY ADVS.
SRI.T.T.MUHAMOOD
SRI.V.E.ABDUL GAFOOR
SRI.A.MOHAMMED SAVAD
SRI.C.Y.VINOD KUMAR
RESPONDENTS:
1 STATE OF KERALA
REP. BY THE SECRETARY TO GOVERNMENT,GENRAL
EDUCATION DEPARTMENT,GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM - 695 001.
2 DIRECTOR OF PUBLIC INSTRUCTION
OFFICE OF DPI, JAGATHY,THIRUVANANTHAPURAM - 695
014.
3 THE DEPUTY DIRECTOR OF EDUCATION
MALAPPURAM - 673 635.
4 THE DISTRICT EDUCATION OFFICER
MALAPPURAM - 686 506.
5 THE MANAGER
MMET HS MELMURI, MELMURI P.O.,MALAPPURAM DSITRICT -
676 517.
R5 BY ADV. SRI.JAYENDRAN KOCHOTH
SRI.P.M.MANOJ-SR.GP.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 7th day of April, 2021
When this matter was called today, the learned Counsel
for the petitioners and the learned Senior Government
Pleader were ad idem that the issues impelled in this writ
petition are covered by a judgment of this Court in W.P.(C)
No.27503 of 2014 - a copy of which is on record as Ext.P8.
It is also admitted that the writ petition, which culminated in
Ext.P8, relates to the teachers of the same School, in which
the petitioners herein are working and that this judgment has
been confirmed in Appeal by a learned Division Bench.
2. Taking note of the afore submissions, I am certain
that the petitioners are also entitled to the same benefits, as
have been granted to the petitioners in Ext.P8 judgment.
In the afore circumstances, I order this writ petition and
quash Ext.P6; consequentially, directing the 4 th respondent to
issue appropriate orders approving the appointment of the
first petitioner as a High School Teacher with effect from
05.06.2006, while that of the second petitioner with effect
from 13.12.2006, within a period of two months from the
date of receipt of a copy of this judgment; and to further
ensure that their pay and allowances are sanctioned and
disbursed to them within a further period of one month
thereafter.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
AJ/07.04.2021
APPENDIX
PETITIONER'S/S EXHIBITS:
P1 TRUE COPY OF THE APPOINTMENT ORDER DATED
14.12.2006 ISSUED BY THE MANAGER PROMOTING
THE 2ND PETITONERS HSA (MALAYALAM).
P2 TRUE COPY OF THE APPOINTMENT ORDER DATED
05.6.2006 ISSUED BY THE MANAGER PROMOTING
THE 4TH PETITIONER AS HSA(ARABIC).
P3 TRUE COPY OF THE ORDER NO.
EM4/76341/07/DPI/KDIS DATED 25.1.2008
ISSUED BY THE DPI.
P4 TRUE COPY OF THE GO(P) NO. 10/10/G.EDN
DATED 12.1.2010.
P5 TRUE COPY OF THE GOVERNMENT LETTER NO.
22443/A2/2013/G.EDN DATED 18.12.2013.
P6 TRUE COPY OF THE ORDER NO. B2-12806/2013
DATED 07.10.2013 ISSUED BY DDE MALAPPURAM
REJECTING THE REQUEST OF SMT.NAZEERA FOR
THE APPROVAL OF PERIOD PERIOR TO 01.6.2011.
P7 TRUE COPY OF THE ORDER NO. B2/10366/2013
DATED 04.10.2013.
P8 TRUE COPY OF THE JUDGMENT DATED 15.7.2015
IN WPC NO. 27503/2014.
EXHIBIT P9 TRUE COPY OF JUDGMENT DATED 14/6/2018 IN WA
NO.343 /2016 PASSED BY THIS HON'BLE COURT
EXHIBIT P10 TRUE COPY OF GO(RT) NO.2698/2019/G.EDN
DATED 4/7/2019
EXHIBIT P11 TRUE COPY OF ORDER NO.B4/4196/2019 DATED
29/11/2019 ISSUED BY THE DISTRICT
EDUCATIONAL OFFICER, MALAPPURAM
EXHIBIT P12 TRUE COPY OF JUDGMENT DATED 24/2/2021 IN
WPC 37171/2017
