Shaly T vs State Of Kerala
2021 Latest Caselaw 11349 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    THURSDAY, THE 08TH DAY OF APRIL 2021 / 18TH CHAITHRA, 1943

                       WP(C).No.9259 OF 2021(F)

PETITIONER:
               SHALY T.
               AGED 40 YEARS
               W/O. CALVIN KISTO D.N.,VIMALDA,
               ANCHALIKONAM, AYIRA P.O., PARASSALA,
               THIRUVANANTHAPURAM DISTRICT-695502.

               BY ADVS.
               SRI.JOSEPH GEORGE
               SRI.KULATHUR S.V. PREMAKUMARAN NAIR
               SRI.JIBU P THOMAS
RESPONDENTS:

      1        STATE OF KERALA,
               REPRESENTED BY SECRETARY TO GOVERNMENT,
               DEPARTMENT OF GENERAL EDUCATION,
               GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695001.

      2        THE DIRECTOR OF HIGHER SECONDARY EDUCATION,
               DIRECTORATE OF HIGHER SECONDARY EDUCATION,
               HOUSING BOARD BUILDING, SANTHI NAGAR,
               THIRUVANANTHAPURAM-695001.

      3        THE DEPUTY DIRECTOR OF EDUCATION,
               OFFICE OF DEPUTY DIRECTOR OF EDUCATION,
               CORPORATION BUILDING,
               THIRUVANANTHAPURAM-695033.

      4        THE DISTRICT EDUCATIONAL OFFICER,
               OFFICE OF DISTRICT EDUCATIONAL OFFICER,
               NEYYATTINKARA,
               THIRUVANANTHAPURAM DISTRICT-695121.

      5        THE CORPORATE MANAGER,
               LMS SCHOOLS OF CSI SOUTH KERALA DIOCESE,
               LMS COMPOUND, PALAYAM,
               THIRUVANANTHAPURAM-695033.

OTHER PRESENT:
             SMT.NISHA BOSE, GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
08.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.9259 OF 2021(F)

                                        2



                                  JUDGMENT

Dated this the 8th day of April 2021

This writ petition is filed seeking the following reliefs:

i) call for the records leading to the original of Exhibit P8 and set aside the same by issuance of writ of certiorari or other appropriate writ, order or direction.

ii) Issue a writ of mandamus or other appropriate writ, order or direction commanding the 1st respondent to consider and pass a speaking order on Exhibit P10 by affording an opportunity of hearing to the petitioner and other affected parties, within a time frame fixed by this Hon'ble Court.

iii) declare that the 5th respondent is liable to pay salary to the petitioner.

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

as against Ext.P8 order of the Corporate Manager withdrawing the

proposal for approval of appointment of the petitioner, the petitioner

has approached the 2nd respondent with Ext.P11 representation and

seeks a consideration of the same.

Having heard the learned Government Pleader also, I am of the

opinion that Ext.P11 representation preferred by the petitioner is

liable to be considered in accordance with law. There will,

accordingly, be a direction to the 2 nd respondent to take up, consider WP(C).No.9259 OF 2021(F)

and pass orders on Ext.P11 representation preferred by the

petitioner with notice to the petitioner as well as the 5 th respondent

and the teacher, who has been shifted to the post held by the

petitioner and after hearing them through any appropriate means,

including video conferencing, within a period of two months from

the date of receipt of a copy of this judgment. Till orders are passed,

the petitioner shall not be sent out of service pursuant to Ext.P8.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C).No.9259 OF 2021(F)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE PHOTOCOPY OF ORDER NO. B/581/19/CM DATED 31/05/2019 OF THE CORPORATE MANAGER OF LMS SCHOOLS, THIRUVANANTHAPURAM.

EXHIBIT P2 TRUE PHOTOCOPY OF LETTER NO. B/581/19/CM DATED 11/06/2019 OF THE CORPORATE MANAGER OF LMS SCHOOLS, THIRUVANANTHAPURAM.

EXHIBIT P3 TRUE PHOTOCOPY OF ORDER NO. B1-

10732/2019 DATED 27/12/2019 OF THE DISTRICT EDUCATIONAL OFFICER, NEYYATTINKARA.

EXHIBIT P4 TRUE PHOTOCOPY OF APPEAL DATED 09/01/2020 SUBMITTED BEFORE THE DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM.

EXHIBIT P5 TRUE PHOTOCOPY OF ORDER NO. B-

5/210608/2020 DATED 09/09/2020 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P6 TRUE PHOTOCOPY OF ORDER NO.

ET(4)/9391/2019/K.DIS. DATED 06/07/2020 ISSUED BY THE ADDITIONAL DIRECTOR OF GENERAL EDUCATION.

EXHIBIT P7 TRUE PHOTOCOPY OF THE JUDGMENT DATED 10/07/2020 IN WPC NO.11469/2020 OF THIS HON'BLE COURT.

EXHIBIT P8 TRUE PHOTOCOPY OF THE ORDER NO. B-

361/2021/CM DATED 15/03/2021 OF THE 5TH RESPONDENT.

EXHIBIT P9 TRUE PHOTOCOPY OF THE ORDER NO.

B(5)/8869/2019/DDE/K.DIS DATED 04/07/2019 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P10 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 24/03/2021 SUBMITTED BEFORE THE 1ST RESPONDENT BY THE PETITIONER. WP(C).No.9259 OF 2021(F)

EXHIBIT P11 TRUE PHOTOCOPY OF THE REPRESENTATION DATED 24/03/2021 SUBMITTED BEFORE THE 2ND RESPONDENT BY THE PETITIONER.