Preethy P.F vs State Of Kerala
2021 Latest Caselaw 17575 Ker

WP(C) NO. 16262 OF 2021        1

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
   THURSDAY, THE 26TH DAY OF AUGUST 2021 / 4TH BHADRA, 1943
                      WP(C) NO. 16262 OF 2021
PETITIONER:

          PREETHY P.F.,
          HIGH SCHOOL TEACHER (ENGLISH), CHRIST RAJ HIGH SCHOOL
          KUTTIPUZHA, ERNAKULAM DISTRICT-683 524

          BY ADVS.
          P.M.PAREETH
          M.K.MEHRUNISHA BASIMA



RESPONDENTS:

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

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

    3     DISTRICT EDUCATIONAL OFFICER,
          ALUVA, P.O.ALUVA, ERNAKULAM DISTRICT-683 101

    4     MANAGER,
          CHRIST RAJ HIGH SCHOOL KUTTIPUZHA, ERNAKULAM
          DISTRICT-683 524




          SMT NISHA BOSE SR GOVERNMENT PLEADER




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
26.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16262 OF 2021                2

                                     JUDGMENT

The petitioner states that she is a High School Assistant (English)

working in the Christ Raj High School, Kuttipuzha, which is an aided school

managed by the 4th respondent. She was appointed as per Ext.P1 order with

effect from 1.6.2010 in the additional division vacancy. Initially, her

appointment was not approved due to a ban. Later, the ban was lifted. The

grievance of the petitioner is that her appointment for the period from

1.6.2010 to 31.5.2011 was not approved while passing Ext.P3 order passed by

the 3rd respondent. The petitioner contends that in view of the law laid down

by this Court in various judgments, there was no justification in denying the

approval for the aforesaid period. Raising all tenable contentions, the petitioner

is stated to have preferred Ext.P4 representation before the 1st respondent. It

is in the afore circumstances that this writ petition is filed seeking to quash

Ext.P1 and for incidental reliefs.

2. I have heard Sri. P.M.Pareeth, the learned counsel appearing for

the petitioner and the learned Government pleader.

3. It is submitted by Sri. P.M.Pareeth that since Ext.P4 is pending

consideration of the 1st respondent, necessary directions be issued to the said

respondent to consider the same and take a decision within a time frame.

4. It is submitted by the learned Government Pleader that Ext.P3 is

dated 23.02.2011 and no explanation was offered for the long delay in

submitting Ext.P4. However, it is submitted that all these aspects can be

considered by the 1st respondent at the time of considering Ext.P4.

5. After having carefully evaluated the contentions raised in this writ

petition, the submissions made across the Bar and the facts and circumstances,

I am of the view that this writ petition can be disposed of by issuing the

following directions:

a) Without expressing any opinion on the merits of the assertions

made in Ext.P4 representation, there will be a direction to

the 1st respondent to take up, consider and pass

appropriate orders on Ext.P4, after affording an opportunity

of being heard, either physically or virtually, to the petitioner

herein or her authorised representative.

b) Orders, as directed above, shall be passed expeditiously, in

any event, within a period of three months from the date of

production of a copy of this judgment.

c) It would be open to the petitioner to produce a copy of the

writ petition along with the judgment before the concerned

respondent for further action.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE IAP

APPENDIX OF WP(C) 16262/2021

PETITIONER'S EXHIBITS:

Exhibit P1 A TRUE PHOTO COPY OF THE APPOINTMENT ORDER DATED 01.06.2010 IN RESPECT OF THE PETITIONER WITH ENDORSEMENT OF APPROVAL DATED 20.01.2012 LIMITING IT FROM 01.06.2011 ONWARDS

Exhibit P2 A TRUE PHOTO COPY OF THE STAFF FIXATION ORDER DATED 12.01.2011 FOR 2010 -11 IN RESPECT OF CHRIST RAJ HIGH SCHOOL, KUTTIPUZHA

Exhibit P3 A TRUE PHOTOCOPY OF THE ORDER NO.B2-

3558/10/LDIS DATED 23.02.2011

Exhibit P4 A TRUE PHOTOCOPY OF THE REPRESENTATION DATED 30.07.2021 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT

RESPONDENTS' EXHIBITS:

NIL