Hema.V vs State Of Kerala
2021 Latest Caselaw 11364 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.9151 OF 2021(T)

PETITIONER:
               HEMA.V
               AGED 38 YEARS
               W/O. VISHNU A.M., LOWER PRIMARY SCHOOL ASSISTANT
               (L.P.S.A), AIDED UPPER PRIMARY SCHOOL, NJANGATTUR ,
               NJANGATTIRI P.O.,
               PALAKKAD 679 903, RESIDING AT ANDALADI MANA,
               MARATHOOR P.O. PATTAMBI 679 306.

               BY ADV. SHRI.U.BALAGANGADHARAN

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY SECRETARY, GENERAL EDUCATION
               DEPARTMENT, GOVERNMENT SECRETARIAT, (ANNEX),
               THIRUVANANTHAPURAM 695 001.

      2        THE DIRECTOR OF GENERAL EDUCATION,
               JAGATHY, THIRUVANANTHAPURAM 695 001.

      3        THE DEPUTY DIRECTOR OF EDUCATION,
               (D.D.E), CIVIL STATION, PALAKKAD 678 013.

      4        THE ASSISTANT EDUCATIONAL OFFICER,
               (A.E.O), PATTAMBI, PALAKKAD 679 306.

      5        THE MANAGER,
               ST. JOSEPH'S ST. CYRILS HIGHER SECONDARY SCHOOL, WEST
               MANGAD, TRICHUR 680 542.

      6        THE HEADMISTRESS,
               AIDED LOWER PRIMARY SCHOOL, NJANGATTUR, NJANGATTIRI
               P.O. PALAKKAD 679 903.


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.9151 OF 2021(T)

                                  2

                            JUDGMENT

Dated this the 8th 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 as illegal arbitrary and cannot sustain in the eye of law.

(ii) Writ in the nature of mandamus commanding the 4 th respondent to approve the appointment of the petitioner as L.P.S.A in the 5th respondent with all consequential benefits.

(iii) Declare that the appointment of the petitioner as L.P.S.A in 5th respondent School is liable to be approved with effect from 07.06.2006 with all consequential benefits."

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 had been appointed as LPSA in

the 5th respondent's school on 01.06.2016. The appointment

was rejected on the ground that the petitioner did not have

KTET qualification and that there were two Rule 51A

claimants awaiting appointment. It is submitted that, WP(C).No.9151 OF 2021(T)

thereafter, Exts.P5, P6 and P7 would show that the petitioner

has acquired KTET qualification that the Rule 51A claimants

have been appointed and their appointments have been

approved.

4. In the above view of the matter, the petitioner

seeks a consideration of Ext.P9 in the light of Exts.P5, P6

and P7.

5. 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.P9 revision petition

preferred by the petitioner, taking specific note of Exts.P5,

P6 and P7 produced by the petitioner, 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. The petitioner shall

produce a copy of the writ petition along with a copy of this

judgment before the 1st respondent for compliance. In case WP(C).No.9151 OF 2021(T)

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/09.04.2021 WP(C).No.9151 OF 2021(T)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF APPOINTMENT ORDER DATED 7.6.2006 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P2 A TRUE COPY OF APPOINTMENT ORDER DATED 1.6.2015 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P3 A TRUE COPY OF APPOINTMENT ORDER DATED 1.6.2016 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P4 A TRUE COPY OF ORDER OF 4TH RESPONDENT DATED 1.9.2016.

EXHIBIT P5 A TRUE COPY OF ORDER OF THE 4TH RESPONDENT DATED 20.1.2020 IN RESPECT OF SMT. JUVERIA.

EXHIBIT P6 A TRUE COPY OF THE 4TH RESPONDENT DATED 20.1.2020 IN RESPECT OF SMT. SMITHA.

EXHIBIT P7 A TRUE COPY OF KTET CERTIFICATE DATED 5.3.2018 ISSUED BY THE BOARD OF EXAMINATIONS.

EXHIBIT P8 A TRUE COPY OF GOVT. ORDER DATED 12.2.2021 ALONG WITH TYPED COPY.

EXHIBIT P9 A TRUE COPY REVISION PETITION SUBMITTED BY THE PETITIONER DATED 25.3.2021 BEFORE THE FIRST RESPONDENT.