Kerala High Court
Divya S.N 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.4858 OF 2021(F)
PETITIONER:
DIVYA S.N.
AGED 37 YEARS
W/O.RAJESH.M.S., HIGHER SECONDARY SCHOOL TEACHER
(JR.), CHEMISTRY, KOTTOPADAM P.O., PALAKKAD DISTRICT,
RESIDING AT RAJESH BHAVAN, KOTTOPADAM P.O.,
MANNARGHAT, PALAKKAD DISTRICT, PIN-678 583.
BY ADV. SRI.U.BALAGANGADHARAN
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY SECRETARY, GENERAL EDUCATION
DEPARTMENT, GOVERNMENT SECRETARIAT (ANNEX),
THIRUVANANTHAPURAM-695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION (DDE),
CIVIL STATION, PALAKKAD-678 001.
4 THE DISTRICT EDUCATIONAL OFFICER (DEO),
MANNARGHAT, PALAKKAD-678 582.
5 THE MANAGER, K.A.H. HIGHER SECONDARY SCHOOL,
KOTTOPADAM, PALAKKAD DISTRICT-678 583.
6 THE HEADMISTRESS,
K.A.H. HIGHER SECONDARY SCHOOL, KOTTOPADAM, PALAKKAD
DISTRICT-678 583.
OTHER PRESENT:
T RAJASEKHARAN 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.4858 OF 2021(F)
2
JUDGMENT
Dated this the 24th day of February 2021
This writ petition is filed seeking the following reliefs:-
"(i) Call for the records leading to Exhibit P5 and set
aside the same by issuing writ in the nature of
certiorari.
(ii) Writ in the nature of mandamus commanding the
4th respondent to approve the appointment for the
period from 01.04.2011 to 31.05.2011 on scale of
pay of the post.
(iii) Declare that the service of the petitioner from
01.04.2011 to 31.05.2011 is liable to approved in
the scale of pay of the post with all consequential
benefits."
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 refusal to approve the
appointment of the petitioner for the period from 01.04.2011
to 31.05.2011, the petitioner has preferred Ext.P8 revision
petition before the Government and seeks a consideration of
the same. It is submitted by the learned counsel for the
petitioner that since the petitioner had been appointed
WP(C).No.4858 OF 2021(F)
against a continuing vacancy, the refusal to approve the
appointment from 01.04.2011 to 31.05.2011 is completely
untenable.
4. Having heard the learned Government Pleader
also, I am of the opinion that it is for the Government to take
an appropriate decision on Ext.P8 revision petition.
5. There will, accordingly, be a direction to the 1 st
respondent to take up, consider and pass orders on Ext.P8
revision petition preferred by the petitioner with notice to
the petitioner as well as the Manager and after hearing them
through any appropriate means including video
conferencing. Orders shall be passed 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
Bng/24.02.2021
WP(C).No.4858 OF 2021(F)
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 A TRUE COPY OF THE GOVERNMENT ORDER
GO(RT) 262/12/G.EDN DATED 16.01.2012.
EXHIBIT P2 A TRUE COPY OF APPOINTMENT ORDER DATED
01.06.2009 ISSUED TO THE PETITIONER
WITH ENDORSEMENT OF THE DEO.
EXHIBIT P3 A TRUE COPY OF THE APPOINTMENT ORDER
DATED 01.06.2011 ISSUED TO THE
PETITIONER WITH ENDORSEMENT OF THE DEO.
EXHIBIT P4 A TRUE COPY OF ORDER DATED 29.07.2013
ISSUED BY THE DEE, PALAKKAD.
EXHIBIT P5 A TRUE COPY OF THE ORDER DATED
27.01.2020 OF THE ADDITIONAL DIRECTOR
OF GENERAL EDUCATION.
EXHIBIT P6 A TRUE COPY OF THE LETTER OF THE GOVT.
TO THE SECOND RESPONDENT DATED
14.10.2015.
EXHIBIT P7 A TRUE COPY OF THE LETTER OF THE FIRST
RESPONDENT TO THE SECOND RESPONDENT
DATED 05.03.2018.
EXHIBIT P8 A TRUE COPY OF REVISION PETITION DATED
18.02.2021 SUBMITTED BY THE PETITIONER
TO THE GOVT.
