Kerala High Court
Bindhu.K vs State Of Kerala on 22 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
MONDAY, THE 22ND DAY OF FEBRUARY 2021 / 3RD PHALGUNA, 1942
WP(C).No.2458 OF 2021(F)
PETITIONER:
BINDHU.K
AGED 47 YEARS
HSST, RAMANATTUKKARA HIGHER SECONDARY SCHOOL,
RAMANATTUKKARA, VAIDIARANGADI, MALAPPURAM-673 633.
BY ADVS.
SRI.AUGUSTINE JOSEPH
SRI.K.S.ROCKEY
SRI.TONY AUGUSTINE
SRI.GEORGE RENOY
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
2 DIRECTOR OF GENERAL EDUCATION (HIGHER SECONDARY),
HOUSING BOARD BUILDINGS, SANTHI NAGAR,
THIRUVANANTHAPURAM-695 001.
3 REGIONAL DEPUTY DIRECTOR,
HIGHER SECONDARY EDUCATION, MALAPPURAM-676 519.
4 DISTRICT EDUCATIONAL OFFICER,
MALAPPURAM-676 519.
5 MANAGER, RAMANATTUKKARA HIGHER SECONDARY SCHOOL,
RAMANATTUKARA, VAIDIARANGADI, MALAPPURAM-673 633.
T RAJASEKHARAN NAIR SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.2458 OF 2021
2
JUDGMENT
Dated this the 22nd day of February 2021
This writ petition is filed seeking the following reliefs:-
(i) issue a writ of mandamus or any other writ,
order or direction to the 1 st respondent to consider
and pass orders on Ext.P8 within a time limit and
after hearing the petitioner.
(ii) call for the records relating to Ext.P5 and P7
and issue a writ of certiorari to quash them.
(iii) issue a writ of mandamus or any other writ,
order or direction to the respondents 3 and 4 to
pay salary attached to the HST with effect from
28.01.2019 immediately to the petitioner.
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 against the rejection of approval for appointment by transfer
to the post of HSST (Hindi), the petitioner has preferred Ext.P8
representation before the 1st respondent and seeks a
consideration of the same.
4. Having heard the learned Government Pleader also, I
am of the opinion that the said representation is liable to be
WP(C).No.2458 OF 2021
considered in accordance with law, without delay. There will,
accordingly, be a direction to the 1 st respondent to take up,
consider and pass orders on Ext.P8 within a period of three
months from the date of receipt of a copy of this judgment.
Since the petitioner has approved service as HSA, the claim for
payment of salary in the said post will be considered by the
Government within a period of three weeks 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.2458 OF 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER DATED 01.06.2011 AS HSA.
EXHIBIT P2 TRUE COPY OF THE ORDER DATED 31.10.2012 OF
THE DIRECTOR OF PUBLIC INSTRUCTIONS.
EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER DATED
28.01.2019 AS HSST.
EXHIBIT P4 TRUE COPY OF THE PROCEEDINGS OF THE 5TH
RESPONDENT DATED 28.01.2019 APPOINTING THE
PETITIONER.
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 29.01.2020 OF
THE 3RD RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 12.06.2020
IN WPC NO.2515/2020.
EXHIBIT P7 TRUE COPY OF THE ORDER DATED 23.12.2020 OF
THE 2ND RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE REVISION PETITION DATED
16.01.2021.
EXHIBIT P9 TRUE COPY OF THE GOVERNMENT CIRCULAR DATED
06.11.1989.
EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 24.07.2013
IN WPC NO.14836/2013.
