Remya R.C vs State Of Kerala
2021 Latest Caselaw 17155 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. 16876 OF 2021


PETITIONER:

          REMYA R. C.,
          AGED 37 YEARS
          W/O. ADV. P.V. VAMADEVAN,
          UPSA, VAZHUNNAVAR'S UPPER PRIMARY SCHOOL,
          KEEZHUR,
          IRITTI P. O.,
          KANNUR DISTRICT.

          BY ADV DR. GEORGE ABRAHAM



RESPONDENTS:



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

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

    3     THE DEPUTY DIRECTOR OF EDUCATION,
          PUZHATHI HOUSING COLONY,
          KANNUR,
          KERALA - 670 002.

    4     DISTRICT EDUCATIONAL OFFICER,
          THALASSERY,
          KANNUR DISTRICT - 670 101.

    5     ASSISTANT EDUCATIONAL OFFICER,
          IRITTI,
          KANNUR DISTRICT - 670 703.
 WP(C) NO.16876 OF 2021

                                  2

      6      MANAGER,
             VAZHUNNAVAR'S UPPER PRIMARY SCHOOL,
             KEEZHUR, IRITTI P. O.,
             KANNUR DISTRICT - 670 703.

             SMT. PARVATHY KOTTOL - 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.16876 OF 2021

                                          3




                                  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.P4 and P5 orders issued by the respondents 4 and 5.

(ii) To issue a writ of mandamus; or any other appropriate writ, order or direction, directing respondents 1 to 5 to approve the appointment of the petitioner as UPSA with effect from 06.06.2019 and release salary and other monetary benefits to her.

(iii) To issue a writ of mandamus; or any other appropriate writ, order or direction, directing the Assistant Educational Officer to pass orders on Ext.P10 petition in the light of Ext.P9 circular issued by the 2nd respondent without any further delay."

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

Government Pleader.

3. It is submitted that the petitioner has appointed as UPSA in

an additional division vacancy in the 6 th respondent school. The

approval was rejected and the appeal preferred by the petitioner also

stood rejected. While so, it is submitted that by Ext.P8 Government

Order and Ext.P9 circular, the issue of approval of appointments from WP(C) NO.16876 OF 2021

2016-2017 onwards has been directed to be re-considered in the light of

the directions given there.

4. The learned counsel for the petitioner submits that Ext.P10

representation has therefore been submitted by the petitioner before the

5th respondent. It is submitted that the proposals for approval have also

been re-submitted by the Manager.

5. Since the petitioner has approached the 5th respondent with

Ext.P10 representation, I am of the opinion that, it is for the 5 th

respondent to take an appropriate decision in the matter, in the light of

Exts.P8 and P9. There will, accordingly, be a direction to the 5 th

respondent to take up, consider and pass orders on Ext.P10, 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

one month from the date of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SPR WP(C) NO.16876 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 06.06.2019.

EXHIBIT P2 TRUE COPY OF THE CERTIFICATE OF THE PETITIONER CERTIFYING THAT SHE HAD PASSED K.TET EXAMINATION FOR CATEGORY 3 DATED 24.06.2019.

EXHIBIT P3 TRUE COPY OF THE STAFF FIXATION ORDER FOR THE ACADEMIC YEAR 2019-20.

EXHIBIT P4 TRUE COPY OF THE ORDER PASSED BY THE ASSISTANT EDUCATIONAL OFFICER, IRITTI DATED 12.12.2019.

EXHIBIT P5 TRUE COPY OF THE ORDER PASSED BY THE DISTRICT EDUCATIONAL OFFICER, THALASSERY DATED 03.10.2020.

EXHIBIT P6 TRUE COPY OF THE GOVERNMENT CIRCULAR DATED 09.10.2020.

EXHIBIT P7 TRUE COPY OF THE AFFIDAVIT SUBMITTED BY THE MANAGER IN TUNE WITH EXT.P6 ORDER.

EXHIBIT P8 TRUE COPY OF THE GOVERNMENT ORDER NAMELY GO(P) NO.4/2021/G.EDN. DATED 06.02.2021.

EXHIBIT P9 TRUE COPY OF THE CIRCULAR DATED 26.02.2021.

EXHIBIT P10 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE ASSISTANT EDUCATIONAL OFFICER, IRITTI DATED 12.07.2021.

     RESPONDENTS EXHIBITS:     NIL.