Salma K.M vs The State Of Kerala
2021 Latest Caselaw 11759 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     FRIDAY, THE 09TH DAY OF APRIL 2021 / 19TH CHAITHRA, 1943

                       WP(C).No.9566 OF 2021(U)


PETITIONER:

               SALMA K.M.
               AGED 46 YEARS
               WIFE OF ABDUL SALAM.P.M., MES(EASTERN) UPS, ELOOR,
               ERNAKULAM DISTRICT-683 501, (RESIDING AT PADATHAN
               HOUSE, VEMBILLY P.O., PALLIKKARA, ERNAKULAM DISTRICT-
               683 565).

               BY ADVS.
               SRI.V.A.MUHAMMED
               SRI.M.SAJJAD

RESPONDENTS:

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

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

      3        THE DEPUTY DIRECTOR OF EDUCATION,
               KAKKANAD, ERNAKULAM-682 030.

      4        THE ASSISTANT EDUCATION OFFICER,
               ALUVA, ERNAKULAM DISTRICT-683 101.

      5        THE MANAGER, MES(EASTERN) UPS, ELOOR,
               ERNAKULAM DISTRICT-683 501.

      6        THE HEAD MASTER, MES(EASTERN) UPS, ELOOR,
               ERNAKULAM DISTRICT-683 501.


OTHER PRESENT:

               SRI. T.RAJASEKHARAN NAIR-GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.9566 OF 2021(U)

                                   2

                           JUDGMENT

Dated this the 9th day of April, 2021

This writ petition is filed seeking the following prayers:-

"i) call for the records relating to Exhibits P-5(a) and set aside the original of the same by the issue of a writ of certiorari or other appropriate writ or order.

ii) call for the records relating to Exhibits P-1 to P-3 and set aside the originals of the same, to the extend it failed to approve the appointment on scale of pay basis from 07.09.2009 to 31.07.2014, by the issue of a writ of certiorari or other appropriate writ or order

iii) declare that petitioner is entitled to get her appointment covered by Exhibits P-1 and P-5 approved on scale of pay basis.

iv) issue a writ of mandamus or other appropriate writ, order or direction commanding the respondents to approve the appointment of the petitioner covered by Exhibit P-1 and P-5 on scale of pay basis.

v) issue a writ of mandamus or other appropriate writ, order or direction commanding the 1 st respondent to take a decision on Exhibit P-16 adverting to Exhibits P-6 to P-15 within a time limit and with notice 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 the petitioner was appointed from 07.07.2009 WP(C).No.9566 OF 2021(U)

to 31.07.2014 as UPST in the 5 th respondent's school. It is

submitted that the appointment was approved only on daily

wage basis. It is submitted that the petitioner's appointment

was approved only from 01.06.2010 to 14.07.2011 on

regular basis. It is submitted that the petitioner was entitled

for approval of appointment for the entire period on a

regular basis. It is submitted that seeking the said benefits,

the petitioner has preferred Ext.P16 representation before

the Government and the same is pending consideration.

4. Having heard the learned Government Pleader

also, there will be a direction to the 1st respondent to take

up, consider and pass orders on Ext.P16 representation

preferred 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 orders produced by the petitioner as

Exts.P6 to P15 shall also be considered by the Government

while passing orders. The petitioner shall produce a copy of WP(C).No.9566 OF 2021(U)

the writ petition along with a copy of this judgment before

the 1st respondent for compliance.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE Bng/09.04.2021 WP(C).No.9566 OF 2021(U)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 07.09.2009.

EXHIBIT P2 TRUE COPY OF THE ORDER NO.F-5-

13879/11/DPI/K.DIS DATED 10.08.2011 OF THE ADDITIONAL DIRECTOR.

EXHIBIT P3 TRUE COPY OF THE APPROVAL ORDER NO.C920/11/K.DIS DATED 28.09.2011 ISSUED BY THE AEO, ALUVA.

EXHIBIT P4 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE MANAGER BEFORE THE DPI DATED 27.12.2011.

EXHIBIT P5 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 18.06.2013.

EXHIBIT P5 A TRUE COPY OF THE ORDER NO.C-

1535/14/K.DIS DATED 10.09.2014 ISSUED BY THE AEO, ALUVA.

EXHIBIT P6 TRUE COPY OF THE GOVERNMENT LETTER NO.44977/J2/2013/G.EDN DATED 14.10.2015.

EXHIBIT P7 TRUE COPY OF THE STAFF FIXATION ORDER NO.C/2087/10 DATED 13.08.2010 FOR THE ACADEMIC YEAR 2010-11 ISSUED BY THE AEO, ALUVA.

EXHIBIT P8 TRUE COPY OF THE GO(P) NO.199/2011/G.EDN DATED 01.10.2011.

EXHIBIT P9 TRUE COPY OF THE CIRCULAR NO.31904/J2/2013/G.EDN DATED 30.07.2012.

EXHIBIT P10 TRUE COPY OF THE CIRCULAR NO.45285/J2/2013/G.EDN DATED 30.07.2013.

WP(C).No.9566 OF 2021(U)

EXHIBIT P11 TRUE COPY OF THE CIRCULAR NO.49982/J2/12/G.EDN DATED 10.09.2012.

EXHIBIT P12 TRUE COPY OF THE JUDGMENT IN WPC NO.38114/2018 DATED 15.01.2021.

EXHIBIT P13 TRUE COPY OF THE ORDER NO.EC(4)/41467/17/DPI/K.DIS DATED 26.07.2017 OF THE DIRECTOR.

EXHIBIT P14 TRUE COPY OF THE GO(RT)NO.1361/2016/G.EDN DATED 08.04.2016.

EXHIBIT P15 TRUE COPY OF THE GO(RT) NO.2684/2017/G.EDN. DATED 09.08.2017.

EXHIBIT P16 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 23.02.2021 (WITHOUT EXHIBITS).