Praveena K.P vs The State Of Kerala
2021 Latest Caselaw 16857 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
    THURSDAY, THE 12TH DAY OF AUGUST 2021 / 21ST SRAVANA, 1943
                        WP(C) NO. 11543 OF 2021
PETITIONERS:

    1     PRAVEENA K.P.,
          AGED 35 YEARS
          WIFE OF VINU.J., UPPER PRIMARY SCHOOL ASSISTANT, TRKUP
          SCHOOL, VALANCHERY, P.O.VALANCHERY,
          MALAPPURAM DISTRICT-676 552.

    2     SHIFANATH.P.
          UPPER PRIMARY SCHOOL ASSISTANT, TRKUP SCHOOL,
          VALANCHERY, VALANCHERY, MALAPPURAM DISTRICT-676 552.

    3     YADHUKRISHNAN.P.
          UPPER PRIMARY SCHOOL ASSISTANT, TRKUP SCHOOL,
          VALANCHERY, VALANCHERY, MALAPPURAM DISTRICT-676 552.

          BY ADVS.
          V.A.MUHAMMED
          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,
          DOWN HILL, MALAPPURAM-676 519.

    4     THE DISTRICT EDUCATIONAL OFFICER,
          TIRUR,MALAPPURAM DISTRICT-676 101.

    5     THE ASSISTANT EDUCATIONAL OFFICER,
          KUTTIPPURAM, MALAPPURAM DISTRICT-679 571.

    6     THE MANAGER,
          T.R.K.U.P. SCHOOL, VALANCHERY, VALANCHERY, MALAPPURAM
 WP(C) NO. 11543 OF 2021

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            DISTRICT-676 552.

     7      THE HEADMASTER,
            T.R.K.U.P. SCHOOL, VALANCHERY, VALANCHERY,
            MALAPPURAM DISTRICT-676 552.



            SRI. BIJOY CHANDRAN-SR. G.P.




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 11543 OF 2021

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                                     JUDGMENT

This writ petition is filed seeking the following reliefs:

"(i) call for the records relating to Exhibits P-2, P-3, P-5, P-6, P- 8 and P-9 and set aside the originals of the same by the issue of a writ of certiorari or other appropriate writ or order.

(ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the Respondents to approve the appointments of the Petitioners covered by Exhibits P-1, P-4 and P-7.

(iii) call for the records relating to Exhibit P-10 and set aside the original of same to the extent it restricts appointments during 2020-2021 by the issue of a writ of certiorari or other appropriate writ or order.

(iv) issue a writ of mandamus or other appropriate writ, order or direction commanding the 1st Respondent to consider and pass appropriate orders upon Exhibit P-15, with notice to the Petitioners and within a time bound manner."

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

Government Pleader. In view of the directions being issued, notice to

respondents 6 and 7 is dispensed with.

3. The petitioners were appointed as UPSA in the 6 th respondent's

school in the academic year 2020-21. Approval was rejected on the

ground that the appointments were made for the period when the

schools had not reopened. It is submitted that the petitioners are WP(C) NO. 11543 OF 2021

appointed against sanctioned posts available in the academic year 2019-

20 and since the staff fixation for the said year is permitted to be

continued, the petitioners' appointments made in the academic year

2020-21 are liable to be approved. Petitioners have moved the

Government with Ext.P15 revision petition and seek a consideration

thereof.

Having heard the learned Government Pleader as well, there will

be a direction to the 1st respondent to take up, consider and pass orders

on Ext.P15, with notice to the petitioners as well as the 6 th 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 SVP WP(C) NO. 11543 OF 2021

APPENDIX OF WP(C) 11543/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE 1ST PETITIONER DATED 01.06.2020.

Exhibit P2 TRUE COPY OF THE ORDER NO.C/3797/2020 DATED 26.09.2020 OF THE AEO, KUTTIPPURAM.

Exhibit P3 TRUE COPY OF THE ORDER NO.B4/193037/2020 DATED 27.01.2021 OF THE DEO, TIRUR.

Exhibit P4 TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER DATED 01.06.2020.

Exhibit P5 TRUE COPY OF THE ORDER NO.C/3796/2020 DATED 26.-09.2020 OF THE ADO, KUTTIPPURAM.

Exhibit P6 TRUE COPY OF THE ORDER NO.B4/193035/2020 DATED 27.01.2021 OF THE DEO, TIRUR.

Exhibit P7 TRUE COPY OF THE APPOINTMENT ORDER OF THE 3RD PETITIONER DATED 01.06.2020.

Exhibit P8 TRUE COPY OF THE ORDER NO.C/3887/2020 DATED 26.09.2020 OF THE ADO, KUTTIPPURAM.

Exhibit P9 TRUE COPY OF THE ORDER NO.B4/193036/2020 DATED 27.01.2021 OF THE DEO, TIRUR.

Exhibit P10 TRUE COPY OF THE GO(MS) NO.28/2021/G.EDN DATED 22.01.2021 OF THE GOVT.

Exhibit P11 TRUE COPY OF THE LETTER NO.J2/12/2021/G.EDN. DATED 17.02.2021 OF THE GOVERNMENT.

Exhibit P12 TRUE COPY OF THE CIRCULAR NO.QIP(1)/9141/2020/DGE DATED 15.12.2020 OF THE DIRECTOR.

Exhibit P13 TRUE COPY OF THE LETTER NO.H3/30197/2016/DGE DATED 27.01.2021 OF WP(C) NO. 11543 OF 2021

THE DIRECTOR.

Exhibit P14 TRUE COPY OF THE GO(MS) NO.58/2021/G.EDN DATED 12.02.2021 OF THE GOVERNMENT.

Exhibit P15 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONERS BEFORE THE GOVERNMENT DATED 24.03.2021(WITHOUT EXHIBITS).

Exhibit P16 TRUE COPY OF THE ORDER NO.C/2164/2020 DATED 09.10.2020 OF THE AEO, KUTTIPPURAM.

Exhibit P17 TRUE COPY OF THE ORDER NO.C/2462/2020 DATED 08.10.2020 OF THE AEO, KUTTIPPURAM.

Exhibit P18 TRUE COPY OF THE ORDER NO.C/2161/2020 DATED 09.10.2020 OF THE ADO, KUTTIPPURAM.