P.C.Jini vs The State Of Kerala
2021 Latest Caselaw 5735 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    WEDNESDAY, THE 17TH DAY OF FEBRUARY 2021 / 28TH MAGHA,1942

                       WP(C).No.4131 OF 2021(N)


PETITIONER:

               P.C.JINI
               AGED 36 YEARS
               WIFE OF E.S. SURAJ,
               RESIDING AT PADINJAROOT HOUSE, KOMBARA WEST,
               IRINJALAKUDA, THRISSUR DISTRICT-680 121,
               (FORMER UPPER PRIMARY SCHOOL ASSISTANT,
               SNGSSUP SCHOOL, EDAKULAM, IRINJALAKUDA).

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

RESPONDENTS:

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

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

      3        THE DISTRICT EDUCATIONAL OFFICER,
               IRINJALAKUDA, THRISSUR DISTRICT-680 121

      4        THE ASSISTANT EDUCATIONAL OFFICER,
               IRINJALAKUDA, THRISSUR DISTRICT-680 121

      5        THE MANAGER,
               SNGSSUP SCHOOL, EDAKULAM, IRINJALAKUDA,
               THRISSUR DISTRICT-680 121

               SR GP, NISHA BOSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
17.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4131 OF 2021

                                           2


                                  JUDGMENT

Dated this the 17th day of February 2021

This writ petition is filed seeking the following reliefs :-

"i) call for the records relating to Exhibits P-3, P-4, P-5 and P- 10 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 4th Respondent to approve the appointment of the Petitioner vide Exhibit P-2 forthwith.

iii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 1 st Respondent to effectively consider and pass appropriate orders upon Exhibit P-6, P-7 and P-8 afresh 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.

3. It is submitted by the learned counsel for the petitioner that a

statutory revision petition preferred by the petitioner with regard to

approval of appointment has been rejected by Ext.P10 which is not a

Government Order and is only a communication which does not

answer the requirements of Article 166(2) of the Constitution of India.

It is further submitted that a Full Bench of this Court in [2009 (4) KLT

29] has also considered the issue and held that statutory appeals and WP(C).No.4131 OF 2021

revisions cannot be disposed of by letters in the nature of Ext.P10 and

that orders have to be passed as executive orders as provided in

Article 166(2) of the Constitution of India.

4. The learned Government Pleader would submit that the question

with regard to approval would be liable to be reconsidered in terms of

G.O.(P). No.4/2021/G.Edn. Dated 06.02.2021.

5. In the above view of the matter, this writ petition is disposed of

directing the educational authorities to reconsider the proposal for

the approval of the petitioner's appointment with effect from

30.07.2010 in the light of the Government Order referred to above,

untrammeled by Ext.P10. Orders shall be passed reconsidering the

issue of approval of the petitioner's appointment by Ext.P2 within a

period of two months from the date of receipt of a copy of this

judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.4131 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE G.O (RT.) NO. 1861/2010/GE DATED 03.05.2010 OF THE GOVT.

EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 30.07.2010

EXHIBIT P3 TRUE COPY OF THE ORDER NO. B1-721/2012/K.DIS DATED 07.09.2012 OF THE DEO.

EXHIBIT P4 TRUE COPY OF THE ORDER NO. F2/18840/2013/ DPI/K.DIS DATED 18.06.2014 OF THE 2ND RESPONDENT OFFICE.

EXHIBIT P5 TRUE COPY OF THE ORDER NO. C/860/2016/K.DIS DATED 03.07.2017 OF THE AEO.

EXHIBIT P6 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVT. BY THE MANAGER DATED 11.09.2017.

EXHIBIT P7 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVT. BY THE PETITIONER DATED 05.07.2018.

EXHIBIT P8 TRUE COPY OF THE REMINDER OF THE PETITIONER DATED 09.04.2019.

EXHIBIT P9 TRUE COPY OF THE LETTER NO.H2/11606/2019/DPI DATED 26-03-2019

EXHIBIT P10 TRUE COPY OF THE LETTER NO.B2/363/2018/G.EDN DATED 08-10-2020 OF THE GOVT.

EXHIBIT P11 TRUE COPY OF THE DECISION REPORTED IN 2009(4)KLT 29(FB) DECIDED ON 09-09-2009

EXHIBIT P12 TRUE COPY OF THE LETTER NO.60930/J2/11/G.EDN DATED 25.10.2011 OF THE GOVT.

RESPONDENT'S/S EXHIBITS: NIL