P.V.Shemeema Beegam vs State Of Kerala
2021 Latest Caselaw 17152 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. 16643 OF 2021
PETITIONER:
              P.V.SHEMEEMA BEEGAM
              AGED 47 YEARS
              FULL TIME ARABIC TEACHER, AJB SCHOOL, ERAVAKKAD, 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 - 695014.

     3        DISTRICT EDUCATIONAL OFFICER
              OTTAPALAM, PALAKKAD DISTRICT - 679101.

     4        ASSISTANT EDUCATIONAL OFFICER
              THRITHALA, PALAKKAD DISTRICT - 678001.

     5        C.V. ABDULLAKUTTY
              CHERIYATH VALAPPIL HOUSE, ERAVAKKAD P.O, PALAKKAD
              DISTRICT - 679552.

     6        MANAGER
              AJB SCHOOL, ERAVAKKAD, PALAKKAD DISTRICT - 679552.


OTHER PRESENT:

              SRI. BIJOY CHANDRAN-SR.G.P.


     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. 16643 OF 2021
                                     2

                              JUDGMENT

This writ petition is filed seeking the following reliefs:-

"(i) To issue a writ of certiorari or any other appropriate writ, direction or order to quash Ext.P4, P5 and P6 orders.

(ii) To issue a writ of mandamus or any other appropriate writ, order or direction directing respondents 1 to 4 to approve the appointment of the petitioner as Full Time Arabic Teacher with effect from 25.09.2006 onwards.

(iii) To issue a writ of mandamus or any other appropriate writ, order or direction, directing the 1st respondent to consider Ext.P9 and P10 revision petitions filed by the petitioner as well as the Manager."

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. The petitioner was appointed as a Full Time Arabic

Teacher in the 6th respondent's school on 25.09.2006 in a

retirement vacancy. On the ground that there was a Rule 51A

claimant, the petitioner's appointment was not approved. It is

submitted that the Rule 51A claim raised by one Abdullakutty

was found to be not maintainable by this Court in Ext.P7

judgment and the writ petition was closed. It is submitted that

the petitioner and the Manager approached this Court and by WP(C) NO. 16643 OF 2021

Ext.P8 judgment, this Court directed the petitioner to file a

revision petition and the Government was directed to consider

the same. It is submitted that the Manager has approached the

Government with Ext.P9 revision petition while the petitioner

has forwarded Ext.P10 revision and the same are pending

before the 1st respondent.

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 Exts.P9 and P10 revision petitions

preferred by the Manager and the petitioner respectively, 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.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE Bng/13.08.2021 WP(C) NO. 16643 OF 2021

APPENDIX OF WP(C) 16643/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE RELEVANT PAGE OF SSLC BOOK OF THE PETITIONER.

Exhibit P2 TRUE COPY OF THE CERTIFICATE ISSUED BY THE UNIVERSITY OF CALICUT DATED 19TH SEPTEMBER 2016.

Exhibit P3 TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE MANAGER DATED 25.09.2006.

Exhibit P4 TRUE COPY OF THE ORDER PASSED BY THE ASSISTANT EDUCATIONAL OFFICER, THRITHALA DATED 05.06.2007.

Exhibit P5 TRUE COPY OF THE ORDER PASSED BY THE DISTRICT EDUCATIONAL OFFICER DATED 30.07.2008.

Exhibit P6 TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT DATED 29.01.2009.

Exhibit P7 TRUE COPY OF THE JUDGMENT IN WP(C)NO.31506 OF 2009 DATED 7TH JANUARY 2019.

Exhibit P8 TRUE COPY OF THE JUDGMENT IN WP(C) NO.9251/2009 DATED 18.09.2018.

Exhibit P9 TRUE COPY OF THE REVISION SUBMITTED BY THE MANAGER DATED 31.10.2018.

Exhibit P10 TRUE COPY OF THE REVISION PETITION FILED BY THE PETITIONER DATED 05.08.2021 BEFORE THE 1ST RESPONDENT.