Raseena A vs State Of Kerala
2021 Latest Caselaw 5754 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.3774 OF 2021(V)


PETITIONER/S:

      1         RASEENA   A.
                AGED 28   YEARS
                U.P.S.T   NADVATHUL ISLAM UPPER PRIMARY SCHOOL, P.O
                NADVATH   NAGAR, ALAPPUZHA DISTRICT 688 526

      2         ANEESHA E. BAVA,
                U.P.S.T NADVATHUL ISLAM UPPER PRIMARY SCHOOL, P.O
                NADVATH NAGAR, ALAPPUZHA DISTRICT 688 526

                BY ADV. SRI.P.M.PAREETH

RESPONDENT/S:

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

      2         DIRECTOR OF PUBLIC INSTRUCTION,
                JAGATHY, THIRUVANANTHAPURAM 695 014

      3         DISTRICT EDUCATIONAL OFFICER,
                CHERTHALA, ALAPPUZHA DISTRICT 688 524

      4         ASSISTANT EDUCATIONAL OFFICER,
                THURAVOOR, ALAPPUZHA DISTRICT 688 532

      5         MANAGER,
                NADVATHUL ISLAM UPPER PRIMARY SCHOOL, P.O NADVATH
                NAGAR, ALAPPUZHA DISTRICT 688 526


                T RAJASEKHARAN NAIR SR GP

     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.3774 OF 2021

                                       2




                                JUDGMENT

Dated this the 17th day of February 2021

This writ petition is filed seeking the following reliefs:-

(i) A writ of certiorari or other appropriate writ, direction or order calling for the records leading to exhibit-P2 and P2(a) and P5 and quash the same.

(ii) A writ of mandamus or other appropriate writ, direction or order commanding the respondents to approve the appointment of the petitioners as U.P.S.Ts as per Exhibit P1 and P1(a) appointment orders issued by the 5th respondent within a time frame.

(iii) A direction to the 1 st respondent to consider and pass orders on Exhibit-P6 and P7 revision petitions submitted by the petitioners within a time frame after hearing the petitioners.

(iv) To grant cost.

2. Heard the learned counsel for the petitioner and the

learned Government Pleader.

3. It is submitted by the learned counsel for the

petitioners that the petitioners were appointed as U.P.S.T. in the

5th respondent's school in additional division vacancies. It is

submitted that the approval for the appointment stands rejected WP(C).No.3774 OF 2021

and the appeal petitions preferred by the 5 th respondent also

have been rejected. It is stated that petitioners have preferred

Exts. P6 and P7 revision petitions before the Government seeking

approval of their appointments.

4. Having heard the learned Government Pleader also, I

am of the opinion that Exts. P6 and P7 revision petitions are

liable to be considered and disposed of in accordance with law, by

the 1st respondent, after hearing the petitioners as well as the 5 th

respondent. There will, accordingly, be a direction to the 1 st

respondent to take up, consider and pass orders in Ext.P6 and P7

with notice to the petitioners 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.

Sd/-

ANU SIVARAMAN

JUDGE

ssa WP(C).No.3774 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE PHOTOCOPY OF THE APPOINTMENT ORDER DATED 01-06-2017 IN RESPECT OF 1ST PETITIONER AS UPST ISSUED BY THE 5TH RESPONDENT

EXHIBIT P1 A A TRUE PHOTO COPY OF THE APPOINTMENT ORDER DATED 01-06-2017 IN RESPECT OF THE SECONMD PETITIONER AS UPST ISSUED BY THE 5TH RESPONDENT

EXHIBIT P2 A TRUE PHOTOC COPY OF THE ORDER DATED 22-

08-2017 ISSUED BY THE 4TH RESPONDENT OF THE FIRST PETITIONER.

EXHIBIT P2 A A TRUE PHOTO COPY OF THE ORDER DATED 22-08-

2017 ISSUED BY THE 4TH RESPONDENT IN RESPECT OF THE SECOND PETITIONER.

EXHIBIT P3 A TRUE PHOTO COPY OF THE APPEAL DATED 09-

10-2017 IN RESEPECT OF THE 1ST PETITIONER SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 3RD RESPONDENT

EXHIBIT P3 A A TRUE PHOTOCOPY OF THE APPEAL DATED 09-10-

2017 IN RESPECT OF THE SECOND PETITIONER SUBMITTED BY THE 5TH RESPONDENT BEFORE THE 3RD RESPONDENT.

EXHIBIT P4 A TRUE PHOTO COPY OF THE JUDGMENT DATED 04-

07-2019 IN W.P(C) NO. 18225/2019

EXHIBIT P5 A TRUE PHOTOCOPY OF THE ORDER NO.

B1/3927/2019 DATED 07-09-2019 ISSUED BY THE 3RD RESPONDENT

EXHIBIT P6 A TRUE PHOTO COPY OF THE REVISION PETITION DATED 29-01-2021 SUBMITTED BY THE FIRST PETITIONER.

EXHIBIT P7 A TRUE PHOTOCOPY OF THE REVISION PETITION DATED 29-01-2021 SUBMITTED BY THE SECOND PETITIONER.