Sreekutty.S vs The State Of Kerala
2021 Latest Caselaw 4640 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

            THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     TUESDAY, THE 09TH DAY OF FEBRUARY 2021 / 20TH MAGHA,1942

                        WP(C).No.3262 OF 2021(G)



PETITIONER/S:

                SREEKUTTY.S
                AGED 33 YEARS
                WIFE OF MR. CHELLESH, HIGHER SECONDARY SCHOOL TEACHER
                (JUNIOR) (MATHEMATICS), V I M HIGHER SECONDARY
                SCHOOL, PALLASSANA, PALAKKAD DISTRICT-678505.

                BY ADVS.
                SRI.V.A.MUHAMMED
                SRI.M.SAJJAD

RESPONDENT/S:

      1         THE STATE OF KERALA
                REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
                EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
                THIRUVANANTHAPURAM-695001.

      2         THE DIRECTOR OF GENERAL EDUCATION,
                (HIGHER SECONDARY WING), HOUSING BOARD BUILDINGS,
                SANTHI NAGAR, THIRUVANANTHAPURAM-695001.

      3         THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
                EDUCATION,
                B2 BLOCK, UP HILL, CIVIL STATION ROAD, MALAPPURAM-
                676505.

      4         THE MANAGER,
                V I M HIGHER SECONDARY SCHOOL, PALLASSANA, PALAKKAD
                DISTRICT-678505.

      5         THE PRINCIPAL,
                V I M HIGHER SECONDARY SCHOOL, PALLASSANA, PALAKKAD
                DISTRICT-678505.


                T RAJASEKHARAN SR GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.3262 OF 2021
                                   2




                             JUDGMENT

Dated this the 9th day of February 2021

This writ petition is filed seeking the following reliefs :-

(i) call for the records relating to Exhibit P-11 and set aside the original 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 3rd Respondent to approve Exhibit P-1 appointment of the Petitioner as HSST (Junior) (Mathematics) and disburse the attendant benefits 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 P-12 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. In view of the directions being

issued in this writ petition, notice to respondents 4 and 5 as

dispensed with.

3. Learned counsel for the petitioner submits that as WP(C).No.3262 OF 2021

against the refusal to approve the appointment of the petitioner

as HSST (Junior) in Mathematics by direct recruitment, the

petitioner has preferred Ext.P12 revision petition, which is

pending before the 1st respondent. It is submitted that the said

revision petition is liable to be considered expeditiously.

4. Having heard the learned Government Pleader also,

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

and pass orders in Ext.P12 revision petition with notice to the

petitioner as well as respondents 4 and 5 within a period of three

months from the date of receipt of a copy of this judgment.

Hearing can be conducted through any appropriate means,

including video conferencing. In case the petitioner is found

eligible for approval of appointment, the resultant benefits shall

also be released within a period of three months thereafter.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

ssa WP(C).No.3262 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 22.11.2019.

EXHIBIT P2 TRUE COPY OF THE JOINING REPORT DATED 22.11.2019 SIDED BY THE MANAGER AND THE PRINCIPAL.

EXHIBIT P3 TRUE COPY OF THE G.O.(RT)NO.4889/G.EDN.

DATED 16.11.2019 OF THE GOVERNMENT.

EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS OF THE SELECTION COMMITTEE.

EXHIBIT P5 TRUE COPY OF THE MINUTES OF THE STAFF SELECTION COMMITTEE.

EXHIBIT P6 TRUE COPY OF THE CONSOLIDATED MARK SHEET.

EXHIBIT P7 TRUE COPY OF THE G.O.(MS)NO.125/2019/GEDN DATED 20.8.2019 OF THE GOVERNMENT.

EXHIBIT P8 TRUE COPY OF THE ORDER NO.H/13234/2019/RDD/HSE/MLPM DATED 22.1.2020 OF THE 3RD RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE COVERING LETTER OF THE MANAGER DATED 22.11.2019.

EXHIBIT P10 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.23577/2020-V DATED 17.12.2020.

EXHIBIT P11 TRUE COPY OF THE ORDER NO.H/14348/19/RDD/HSE/MLPM DATED 7.1.2021 OF THE 3RD RESPONDENT.

EXHIBIT P12 TRUE COPY OF THE REVISION PETITION MOVED BEFORE THE GOVERNMENT DATED 1.2.2021.

EXHIBIT P13 TRUE COPY OF THE ORDER NO.H/1484/20/RDD/HSE DATED 29.1.2021 OF THE 3RD RESPONDENT.