Kerala High Court
Annamma J vs State Of Kerala on 8 April, 2021
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.9121 OF 2021(M)
PETITIONER:
ANNAMMA J
AGED 42 YEARS
W/O.LIJU PAUL, FULL TIME LANGUAGE TEACHER (HINDI),
GUPS KONGAD, PALAKKAD-678 631, RESIDING AT
CHEERKATHIL HOUSE, PATTACHANKAVU, THENARI
P.O.ELAPPULLY, PALAKKAD-678 622.
BY ADVS.
SRI.KALEESWARAM RAJ
SRI.VARUN C.VIJAY
KUM.A.ARUNA
KUM.THULASI K. RAJ
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION,SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 DIRECTOR OF GENERAL EDUCATION,
DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
THIRUVANANTHAPURAM-695 014.
3 DEPUTY DIRECTOR OF EDUCATION,
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
PALAKKAD-678 014.
4 DISTRICT EDUCATIONAL OFFICER,
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
PALAKKAD-678 014.
5 THE MANAGER,
ST. PAULS HIGH SCHOOL, KOZHINJAMPARA, KOZHINJAMPARA
P.O.PALAKKAD-678 555.
OTHER PRESENT:
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.9121 OF 2021
2
JUDGMENT
Dated this the 8th day of April, 2021
This writ petition is filed seeking the following prayers:-
"i) To declare that the petitioner is entitled to be granted
approval of appointment as L.G (Hindi) Teachr in one of the
2 posts of L.G. (Hindi) to be sanctioned for the academic
year 2018-2019.
ii) To issue a writ of mandamus directing 1 st respondent to
consider Ext.P6 and pass orders approving the appointment
of the petitioner in one of the 2 posts of L.D (Hindi) w.e.f
01.06.2018
iii) To issue a writ of mandamus directing the respondents
disburse arrears of salary to the petitioner in the scale of
pay attached to the post of L.G (Hindi) w.e.f 01.06.2018
with interest at the rate of 12% per annum on the delayed
payment of salary."
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 appointed as Full Time
Language Teacher (Hindi) in the 5 th respondent's school for a
period from 01.06.2017 to 31.03.2019 by Ext.P1 order.
However, the appeal was rejected. The Manager has
WP(C).No.9121 OF 2021
preferred Ext.P6 revision petition before the Government
against the rejection of approval and the same is pending
consideration.
4. Having heard the learned Government Pleader
also, there will be a direction to the 1 st respondent to take
up, consider and pass orders on Ext.P6 revision petition
preferred by the Manager with notice to the petitioner as
well as the Manager and after hearing them through any
appropriate means including video conferencing within a
period of three months from the date of receipt of a copy of
this judgment. In case the petitioner's appointment is found
liable to be approved, the attendant benefits shall also be
released to the petitioner within a period of three months
thereafter.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
Bng/08.04.2021
WP(C).No.9121 OF 2021
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER
DATED 1.6.2017 OF THE PETITIONER
EXHIBIT P2 TRUE COPY OF THE ORDER NO.
B5/3545/2017/K.DIS DATED 28.3.2018
ISSUED BY THE 4TH RESPONDENT
EXHIBIT P3 TRUE COPY OF RELEVANT PAGES OF STAFF
FIXATION ORDER FOR THE POSTS FOR THE
ACADEMIC YEAR 2017-2018 IN THE ST.PAULS
HIGH SCHOOL KOZHINJAMPARA, PALAKKAD
EXHIBIT P4 TRUE COPY OF THE APPEAL DATED 18.4.2018
SUBMITTED BY THE 2ND RESPONDENT
EXHIBIT P5 TRUE COPY OF THE ORDER NO
R.A(1)/40625/2018/DPI/D.DIS DATED
28.1.2019
EXHIBIT P6 TRUE COPY OF THE REVISION PETITION
DATED 27.3.2019 SUBMITTED BY THE
MANAGER BEFORE THE 1ST RESPONDENT
