O. Smitha vs The State Of Kerala
2021 Latest Caselaw 11000 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                       WP(C).No.8827 OF 2021(C)

PETITIONERS:
               O. SMITHA,
               AGED 43 YEARS
               WIFE OF P.P.PRAVEEN, UPSA, SREE SARADA GIRLS HIGHER
               SECONDARY SCHOOL, PURANATTUKARA, THRISSUR DISTRICT-
               680 551.
               BY ADVS.
               SRI.V.A.MUHAMMED
               SRI.M.SAJJAD

RESPONDENTS:
       1     THE STATE OF KERALA
             REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
             EDUCATION DEPARTMENTY, SECRETARIAT ANNEXE II,
             THIRUVANANTHAPURAM-695 001.

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

      3        THE DEPUTY DIRECTOR OF EDUCATION,
               THRISSUR AT AYYANTHOLE-680 003.

      4        THE DISTRICT EDUCATIONAL OFFICER,
               THRISSUR DISTRICT-680 021.

      5        THE MANAGER, SREE SARADA GIRLS HIGHER SECONDARY
               SCHOOL,
               PURANATTUKARA, THRISSUR DISTRICT-680 551.

      6        THE HEADMASTER, SREE SARADA GIRLS HIGHER SECONDARY
               SCHOOL,
               PURANATTUKARA, THRISSUR DISTRICT-680 551.

      7        SMT.ATHIRA SURENDRAN,
               BLOCK RESOURCE CENTRE (EDUCATION), CHOWANNUR VIA
               KUNNAMKULAM, THRISSUR DISTFICT-680 551.

OTHER PRESENT:
             SMT.NISHA BOSE-GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8827 OF 2021(C)

                                   2

                           JUDGMENT

Dated this the 7th day of April, 2021

This writ petition is filed seeking the following prayers:-

"(i) call for the records relating to Exhibit P-4 and set aside the original of the same by the issue of a writ of certiorari or other appropriate writ or order.

(ii) issue a writ of mandamus or other appropriate writ order or direction commanding the respondents to grant approval to the appointment of the petitioner as Junior Language Hindi Teacher w.e.f. 02.06.2008 onwards, if necessary by re-arranging the vacancy position.

(iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 1 st respondent to take a decision on Exhibit P-7 with notice to the petitioner and in a time bound manner, keeping in abeyance Exhibit P-4 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 the petitioner was initially appointed as Junior

Language Teacher in Hindi from 02.06.2008. However, her WP(C).No.8827 OF 2021(C)

appointment was approved only w.e.f 01.06.2009. The

representations submitted by the petitioner seeking

approval from the initial date of appointment have not been

considered in so far. In the meanwhile, it is submitted that

Ext.P4 order has been issued deploying the petitioner to the

Thrissur S.S.A and accommodating the 7 th respondent in the

school. It is submitted by the learned counsel for the

petitioner that as against Ext.P4, the petitioner has moved

the Government with Ext.P7 representation and seeks an

expeditious consideration of the same.

4. Having heard the learned Government Pleader

also, I am of the opinion that Ext.P7 is liable to be

considered in accordance with law.

5. There will, accordingly, be a direction to the 1 st

respondent to take up, consider and pass orders on Ext.P7

representation preferred by the petitioner with notice to the

petitioner, the 5th respondent as well as the 7th respondent

and to pass orders thereon, after hearing them through any WP(C).No.8827 OF 2021(C)

appropriate means including video conferencing, within a

period of two months from the date of receipt of a copy of

this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Bng/08.04.2021 WP(C).No.8827 OF 2021(C)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 02.06.2008 ALONG WITH APPROVAL RECORDED THEREON.

EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.2009 ALONG WITH APPROVAL RECORDED THEREON.

EXHIBIT P3 TRUE COPY OF THE ORDER NO.K.DIS/EC4/66914/2010/DPI DATED 25.01.2012.

EXHIBIT P4 TRUE COPY OF THE ORDER NO.B5/12610/2021 DATED 19.03.2021 OF THE DDE, THRISSUR.

EXHIBIT P5 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 17.10.2005.

EXHIBIT P5 A TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 04.06.2007.

EXHIBIT P5 B TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 04.09.2007.

EXHIBIT P5 C TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 10.10.2007.

EXHIBIT P6 TRUE COPY OF THE PETITION DATED 13.09.2018 FILED BY THE PETITIONER BEFORE THE DEO, THRISSUR.

EXHIBIT P6 A TRUE COPY OF THE PETITION DATED 14.09.2020 FILED BY THE PETITIONER BEFORE THE DEO, THRISSUR.

EXHIBIT P7 TRUE COPY OF THE REVISION PETITION DATED 25.03.2021 FILED BY THE PETITIONER BEFORE THE GOVERNMENT (WITHOUT EXHIBITS).