Nisha Beevi S vs State Of Kerala
2021 Latest Caselaw 17147 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
     FRIDAY, THE 13TH DAY OF AUGUST 2021 / 22ND SRAVANA, 1943
                        WP(C) NO. 14057 OF 2021
PETITIONER:
           NISHA BEEVI S
           AGED 40 YEARS
           WIFE IF SHIBU K. SHAMSUDEEN, LOWER PRIMARY SCHOOL
           ASSISTANT (UNAPPROVED) H H Y S M U P SCHOOL,
           KUTTITHERUVU, KAYAMKULAM, ALAPPUZHA DISTRICT-690 502.

          BY ADVS.
          V.A.MUHAMMED
          M.SAJJAD
RESPONDENTS:

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

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

    3     THE ASSISTANT EDUCATIONAL OFFICER
          KAYAMKULAM, ALAPPUZHA DISTRICT-690 502.

    4     THE MANAGER,
          H H Y S M U P SCHOOL, KUTTITHERUVU, KAYAMKULAM,
          ALAPPUZHA DISTRICT-690 502.

    5     THE HEADMASTER,
          H H Y S M U P SCHOOL, KUTTITHERUVU, KAYAMKULAM,
          ALAPPUZHA DISTRICT-690 502.

    *6    ADDL.R6. H.AMINA
          UPSA, HHYSMUP SCHOOL,
          KUTTITHERUVU, KAYAMKULAM, ALAPPUZHA DISTRICT - 690 502

          * ADDL. R6 IS IMPLEADED AS PER ORDER DATED 13.08.2021
          IN IA NO.1/2021 IN WP(C) NO.14057/2021

          BY ADV.
          SRI.BIJOY CHANDRAN, GP
     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 14057 OF 2021

                                        2


                                      JUDGMENT

This writ petition is filed seeking the following directions:-

(i) call for the records relating to Exhibits P1(a) and P3 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 grant approval to the appointment of the Petitioner as UPSA, shifting the lien adjustment of the Petitioner and forthwith.

(iii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 1st Respondent to consider and pass appropriate orders upon Exhibit P7 after affording an opportunity of being heard to the Petitioner within a time limit.

2. Heard the learned counsel for the petitioner and the

learned Government Pleader. Notice to respondents 4 to 6 is

dispensed with, in view of the directions being issued.

3. The learned counsel for the petitioner submits that the

petitioner was appointed as LPSA in the 4 th respondent school from

30.07.2007. The appointment was not approved. Thereafter, she has

again appointed as LPSA on 01.06.2010. Approval was again declined.

However, it is submitted that another person, that is the 6 th WP(C) NO. 14057 OF 2021

respondent has been appointment in a retirement vacancy, which

arose on 31.03.2021. The petitioner has approached the Government

with Ext.P7 revision petition and seeks a consideration thereof with

regard to the approval of the petitioner's appointment.

Since the petitioner has approached the 1st respondent, I am of

the opinion that the petitioner's claim for approval of appointment

is to be considered with notice to all concerned. There will,

accordingly, be a direction to the 1st respondent to take up, consider

and pass orders on Ext.P7 revision petition with notice to the

petitioner and respondents 4 and 6 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. 14057 OF 2021

APPENDIX OF WP(C) 14057/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 30.7.2007

Exhibit P1(A) TRUE COPY OF THE LETTER NO C-

428/07/K.DIS DATED 11.12.2007 OF THE AEO

Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 1.6.2010

Exhibit P3 TRUE COPY OF THE REJECTION ORDER NO CC-

1034/2010/R.DIS DATED 24.1.2011 OF THE 3RD RESPONDENT

Exhibit P4 TRUE COPY OF THE ORDER EMI/9869/2008/DPI/K.DIS DATED 22.4.2008 OF THE DIRECTOR

Exhibit P5 TRUE COPY OF THE JUDGMENT IN WPC NO 35993/2008 DATED 21.12.2009

Exhibit P6 TRUE COPY OF THE GO(RT) NO 616/2019/G.EDN DATED 16.2.2019 OF THE GOVERNMENT

Exhibit P7 TRUE COPY OF THE REVISION PETITION SUBMITTED BEFORE THE GOVERNMENT DATED 29.6.2021 (WIHOUT EXHIBITS)

Exhibit P8 TRUE COPY OF THE GO(RT) NO 2613/2018/GEDN DATED 12.7.2018 OF THE GOVT

Exhibit P9 TRUE COPY OF THE GO(RT) NO 5731/2019/G.EDN DATED 28.12.2019 OF THE GOVT