Sheeba A vs The State Of Kerala
2021 Latest Caselaw 5737 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.4053 OF 2021(F)


PETITIONER:

                SHEEBA A.
                AGED 43 YEARS
                WIFE OF BHASKARAN, SEWING TEACHER, K H M HIGHER
                SECONDARY SCHOOL, P.O.ALATHIYUR, TIRUR, MALAPPURAM
                DISTRICT-676 102, (RESIDING AT KUTTIYIL HOUSE,
                P.O.ALATHIYUR, TIRUR, MALAPPURAM DISTRICT-676 102.

                BY ADV. SRI.V.A.MUHAMMED

RESPONDENT/S:

      1         THE STATE OF KERALA
                REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
                EDUCATION DEPARTMENT, SECRETARIAT ANNEXE 11,
                THIRUVANANTHAPURAM-695 001.

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

      3         THE DEPUTY DIRECTOR OF EDUCATION,
                DOWN HILL, MALAPPURAM-676 519.

      4         THE DISTRICT EDUCATIONAL OFFICER,
                TIRUR-676 102, MALAPPURAM DISTRICT.

      5         THE MANAGER,
                KHM HIGHER SECONDARY SCHOOL, P.O.ALATHIYUR, TIRUR,
                MALAPPURAM DISTRICT-676 102.


                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.4053 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 Exhibit P-7 and set aside the original of the same to the extent it deny retrospectivity to Exhibit P-6 order by issue of a writ of certiorari of other appropriate writ or order.

(ii) declare that the Petitioner is entitled for approval of her appointment as Sewing Teacher from 09.12.2014 onwards.

(iii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 4th Respondent DEO to grant approval to the Exhibit P- 1 appointment of the Petitioner as Sewing Teacher from 09.12.2014 onwards.

(iv) issue a writ of mandamus other appropriate writ, order or direction commanding the 1st Respondent to consider and pass appropriate orders on Exhibit P-10 Revision Petition after having given an opportunity of being heard to the Petitioner with in a time frame.

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 the petitioner's appointment as Sewing Teacher has been WP(C).No.4053 OF 2021

approved only with effect from 05.08.2019, though the

petitioner had been appointed as Sewing Teacher from

09.12.2014.

4. It is submitted that the staff fixation for the academic

years 2014-15 onwards would show that there was a post

available in the school for accommodating the petitioner. The

petitioner has preferred Ext.P10 revision petition before the

Government seeking approval of appointment from the initial

date of appointment and seeks a consideration of the same.

5. The learned Government Pleader would submit that

Ext.P7 letter had been issued by the Government to the DEO

based on which the appointment of the petitioner was approved

with effect from the academic year 2019.

6. I am of the opinion that Ext.P7 cannot be a reply to the

revision petition preferred by the petitioner. Ext. P10 revision

petition has been submitted by the petitioner on 01.02.2021,

seeking approval for her appointment from 09.12.2014 onwards.

Since Ext.P10 is a statutory revision petition, it is liable to be

considered in accordance with law. There will, accordingly, be a WP(C).No.4053 OF 2021

direction to the 1st respondent to take up, consider and pass

orders in Ext.P10 revision petition preferred by the petitioner

untrammelled by Ext.P7, with notice to the petitioner as well as

the Manager and after hearing them through any appropriate

means including by 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

ssa WP(C).No.4053 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 9.12.2014

EXHIBIT P2 TRUE COPY OF THE ORDER NO B2/9721/2104/K.DIS DATED 9.9.2015 OF THE DEO

EXHIBIT P3 TRUE COPY OF THE LETTER NO B4/31339/2016/K.DIS DATED 15.2.2016 OF THE DDE

EXHIBIT P4 TRUE COPY OF THE ORDER NO K.DIS B2/1414/016/2015 DATED 10.11.2016 OF THE DEO

EXHIBIT P5 TRUE COPY OF THE ORDER NO EM(2) 45851/17/DPI/K.DIS DATED 5.10.2017 OF THE 2ND RESPONDENTS OFFICE

EXHIBIT P6 TRUE COPY OF THE GO (MS) NO 114/2019/G.EDN DATED 6.8.2019 OF THE GOVT

EXHIBIT P7 TRUE COPY OF THE LETTER NO K2/229/2017/K.DIS DATED 3.9.2019 OF THE GOVT.

EXHIBIT P8 TRUE COPY OF THE ORDER NO B2/15486/2019 DATED 4.10.2020 OF THE DEO

EXHIBIT P9 TRUE COPY OF THE LETTER NO 11087/E2/2005/G.EDN DATED 30.4.2005 OF THE GOVT

EXHIBIT P10 TRUE COPY OF THE REVISION PETITION MOVED BEFORE THE GOVERNMENT DATED 1.2.2021

EXHIBIT P11 TRUE COPY OF THE STAFF FIXATION ORDER 2014-

2015 DATED 12.4.2016

EXHIBIT P12 TRUE COPY OF THE STAFF FIXATION ORDER 2015-

16 DATED 12.4.2016

EXHIBIT P12 (A) TRUE COPY OF THE STAFF FIXATION ORDER 2016-

17 DATED 19.12.2017 WP(C).No.4053 OF 2021

EXHIBIT P12 (B) TRUE COPY OF THE STAFF FIXATION ORDER 2017-

2018 DATED 19.12.2017

EXHIBIT P12 (C) TRUE COPY OF THE STAFF FIXATION ORDER 2018-

2019 DATED 9.7.2018