Kerala High Court
Parvathy Anand vs The State Of Kerala on 24 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 24TH DAY OF FEBRUARY 2021 / 5TH PHALGUNA, 1942
WP(C).No.4820 OF 2021(B)
PETITIONERS:
1 PARVATHY ANAND
AGED 37 YEARS
W/O. ADARSH, HIGH SCHOOL ASSISTANT (ENGLISH), SREE
VITOBA HIGH SCHOOL, P. O. KAYAMKULAM, ALAPPUZHA
DISTRICT - 690502. (RESIDING AT LEKSHMI BHAVANAM,
KEERICKAD SOUTH, P. O. KAYAMKULAM, ALAPPUZHA DISTRICT
- 690502.) (M - 8078906016)
2 SREEDEVI T. PAI
AGED 42 YEARS
W/O. MAHESH M., HIGH SCHOOL ASSISTANT (PHYSICAL
SCIENCE), SREE VITOBA HIGH SCHOOL, P. O. KAYAMKULAM,
ALAPPUZHA DISTRICT - 690502. (RESIDING AT MURALI
NIVAS, P. O. ERUVA, KAYAMKULAM, ALAPPUZHA DISTRICT -
690572.) (M - 9496725703)
3 SMITHA S.
AGED 42 YEARS
W/O. R. SUMITHRAN, UPPER PRIMARY SCHOOL ASSISTANT,
SREE VITOBA HIGH SCHOOL, P. O. KAYAMKULAM, ALAPPUZHA
DISTRICT - 690502. (RESIDING AT THEKKENEZHATHU HOUSE,
P. O. ERUVA, KAYAMKULAM, ALAPPUZHA DISTRICT -
690572.) (M - 9496332411)
BY ADVS.
SRI.V.A.MUHAMMED
SRI.V.RAJASEKHARAN NAIR
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 DEPUTY DIRECTOR OF EDUCATION
CIVIL STATION, ALAPPUZHA - 688 001.
WP(C).No.4820 OF 2021(B)
2
4 THE DISTRICT EDUCATIONAL OFFICER
MAVELIKKARA, ALAPPUZHA DISTRICT - 690101.
5 THE MANAGER
SREE VITOBA HIGH SCHOOL, P. O. KAYAMKULAM,
ALAPPUZHA DISTRICT - 690502.
OTHER PRESENT:
T RAJASEKHKARAN NAIR SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 24.02.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C).No.4820 OF 2021(B)
3
JUDGMENT
Dated this the 24th day of February 2021
The petitioners have approached this Court seeking
the following prayers:-
"(i) call for the records relating to Exhibits P2, P4
and P7 and set aside the originals of the same to the
extent it denies the approval from 01.06.2010 to
31.05.2011 by the issue of a writ of certiorari or
other appropriate writ or order.
(ii) declare that Exhibits P1, P3 and P6 appointments
of the petitioners from 01.06.2010 are legally valid
and sustainable.
(iii) issue a writ of mandamus or other appropriate
writ order or direction commanding the respondents
to approve the appointment of the 1st petitioner as
H.S.A (English) from 01.06.2010 to 31.05.2011 and
2nd and 3rd petitioners as UPSA from 01.06.2010 to
31.05.2011 as if the Manager has furnished the bond
and disburse the attendant benefits forthwith.
(iv) 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 P11 revision petition
WP(C).No.4820 OF 2021(B)
deeming that the Manager has executed the bond
within a time frame after affording an opportunity of
being heard to the petitioners."
2. Heard the learned counsel for the petitioners and
the learned Government Pleader.
3. It is submitted by the learned counsel for the
petitioners that aggrieved by the non approval of their
appointment from 01.06.2010 to 31.05.2011, the petitioners
have preferred Ext.P11 revision petition before the
Government and seek a consideration of the same. It is
submitted that the appointments made after the ban period
are liable to be reconsidered in the light of Ext.P12
Government Order also.
4. Having heard the learned Government Pleader
also, there will be a direction to the 1 st respondent to take
up, consider and pass orders on Ext.P11 revision petition
preferred by the petitioners with notice to the petitioners as
well as the 5th respondent and after hearing them through
any appropriate means including video conferencing within a
period of three months from the date of receipt of a copy of
WP(C).No.4820 OF 2021(B)
this judgment. If the petitioners' appointments are approved
with effect from earlier dates, the attendant benefits shall
also be released to the petitioners within a period of three
months thereafter.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
Bng/24.02.2021
WP(C).No.4820 OF 2021(B)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF
THE 1ST PETITIONER DATED 01.06.2010.
EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER OF
THE 1ST PETITIONER DATED 01.06.2010 AND
APPROVAL RECORDED THEREON BY THE DEO.
EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER OF
THE 2ND PETITIONER DATED 01.06.2010.
EXHIBIT P4 TRUE COPY OF THE APPOINTMENT ORDER OF
THE 2ND PETITIONER DATED 01.06.2010 AND
APPROVAL RECORDED THEREON.
EXHIBIT P5 TRUE COPY OF THE APPOINTMENT ORDER OF
THE 2ND PETITIONER BY PROMOTION DATED
04.06.2012.
EXHIBIT P6 TRUE COPY OF THE APPOINTMENT ORDER OF
THE 3RD PETITIONER DATED 01.06.2010.
EXHIBIT P7 TRUE COPY OF THE APPOINTMENT ORDER OF
THE 3RD PETITIONER DATED 01.06.2010 AND
APPROVAL RECORDED THEREON.
EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN
W.A.NO.2290/2015 DATED 25.07.2017.
EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN
W.A.NO.2091/2018 DATED 28.06.2019.
EXHIBIT P10 TRUE COPY OF THE LETTER
NO.60930/J2/11/G.EDN. DATED 25.10.2011
OF THE GOVT.
EXHIBIT P11 TRUE COPY OF THE REVISION PETITION
FILED BEFORE THE GOVERNMENT DATED
01.02.2021.
WP(C).No.4820 OF 2021(B)
EXHIBIT P12 TRUE COPY OF THE G.O.(P)
NO.4/2021/G.EDN. DATED 06.02.2021 OF
THE GOVERNMENT.
EXHIBIT P13 TRUE COPY OF THE ORDER
NO.B2/4195/2017/D.DIS. DATED 23.03.2019
OF THE DEO, MAVELIKKARA.
EXHIBIT P14 TRUE COPY OF THE STAFF FIXATION ORDER
2010-2011 DATED 31.05.2012.
