Sheeba Bai C vs State Of Kerala
2021 Latest Caselaw 16337 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    WEDNESDAY, THE 4TH DAY OF AUGUST 2021 / 13TH SRAVANA, 1943
                        WP(C) NO. 15554 OF 2021
PETITIONER:

          SHEEBA BAI C.
          AGED 45 YEARS
          L.P.S.A., AJB AIDED LOWER PRIMARY SCHOOL, LAKKIDI P.O.,
          OTTAPPALAM VIA, PALAKKAD DISTRICT.

          BY ADV GEORGE ABRAHAM


RESPONDENTS:

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

    2     DIRECTOR OF GENERAL EDUCATION,
          JAGATHY, THIRUVANANTHAPURAM-14.

    3     DISTRICT EDUCATIONAL OFFICER,
          OTTAPALAM, PALAKKAD DISTRICT-679101.

    4     ASSISTANT EDUCATIONAL OFFICER,
          OTTAPALAM, PALAKKAD DISTRICT-679101.

    5     MANAGER,
          AJB AIDED LOWER PRIMARY SCHOOL, LAKKIDI P.O.,
          OTTAPALAM VIA, PALAKKAD DISTRICT-679301.

          SMT. PARVATHY KOTTOL-G.P.


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15554 OF 2021

                                          2




                                  JUDGMENT

This writ petition is filed seeking the following prayers:

"(i) To issue a writ of certiorari or any other appropriate writ, direction or order to quash Ext.P5 and P8 orders issued by the respondents.

(ii) To issue a writ of mandamus; or any other appropriate writ, order or direction, directing the respondents to approve the appointment of the petitioner as LPSA with effect from 06.06.2019 onwards at AJB School, Lakkidi and grant all service benefits.

(iii) To issue a writ of mandamus; or any other appropriate writ, order or direction, directing the 1st respondent to consider Ext.P11 revision filed by the petitioner."

2. Heard the learned counsel for the petitioner and the learned

Government Pleader.

3. The petitioner was appointed as LPSA in the 5th respondent's school

on 06.06.2019. Approval was rejected stating that the petitioner was

over-aged. Though an appeal had been taken, the appeal was also

rejected by Ext.P8. The learned counsel for the petitioner submits that

the rejection by Ext.P8 is bad in view of Ext.P9 Government Order. The

petitioner has also approached the Government with Ext.P11 revision

petition and seeks a consideration thereof. WP(C) NO. 15554 OF 2021

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.P11 revision petition preferred by the petitioner, with notice to the

petitioner as well as the 5th respondent 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.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C) NO. 15554 OF 2021

APPENDIX OF WP(C) 15554/2021

PETITIONER'S/S EXHIBITS:

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 2.6.1997.

Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER SHOWING THE APPROVAL OF THE PETITIONER.

Exhibit P3 TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE MANAGER KAYARAT A.L.P. SCHOOL, PALAMANNA.

Exhibit P4 TRUE COPY OF THE ORDER PASSED BY THE ASSISTANT EDUCATIONAL OFFICER, OTTAPALAM DATED 26.9.2017.

Exhibit P5 TRUE COPY OF THE REJECTION ORDER DATED 25.9.2019 ISSUED BY THE CONTROLLING OFFICER.

Exhibit P6 TRUE COPY OF THE FIRST PAGE OF THE SSLC BOOK OF THE PETITIONER.

Exhibit P7 TRUE COPY OF THE APPEAL FILED BEFORE THE DISTRICT EDUCATIONAL OFFICER DATED 13.12.2019.

Exhibit P8 TRUE COPY OF THE ORDER PASSED BY THE DISTRICT EDUCATIONAL OFFICER, OTTAPALAM DATED 29.1.2020.

Exhibit P9 TRUE COPY OF THE GOVERNMENT ORDER, GO(P)NO.4/2021/G.EDN. DATED 6.2.2021.

Exhibit P10 TRUE COPY OF THE GOVERNMENT ORDER NAMELY GO(RT) NO.486/2020/G.EDN. DATED 24.1.2020.

Exhibit P11 TRUE COPY OF THE REVISION SUBMITTED BY THE PETITIONER DATED 25.7.2021.

RESPONDENT'S/S EXHIBITS: NIL