Thushara Khanna A vs The State Of Kerala
2021 Latest Caselaw 6743 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   THURSDAY, THE 25TH DAY OF FEBRUARY 2021 / 6TH PHALGUNA, 1942

                       WP(C).No.5014 OF 2021(B)


PETITIONER:

               THUSHARA KHANNA A.
               AGED 41 YEARS
               D/O. EBRAHIM KUTTY A., FORMER H.S.A. (ENGLISH), SIR
               SYED HIGH SCHOOL, THALIPARAMBA, RESIDING AT
               THUSHARAM, EZHOM POST, KANNUR - 670 334.

               BY ADVS.
               SHRI.U.BALAGANGADHARAN
               SRI.G.GIREESH

RESPONDENTS:

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

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

      3        THE DEPUTY DIRECTOR OF EDUCATION (D.D.E.)
               CIVIL STATION, KANNUR - 670 001.

      4        THE DISTRICT EDUCATIONAL OFFICER (D.E.O.)
               KANNUR - 670 101.

      5        THE MANAGER
               SIR SYED HIGH SCHOOL, THALIPARAMBA,
               KANNUR - 670 142.

      6        THE HEADMISTRESS
               SIR SYED HIGH SCHOOL, THALIPARAMBA,
               KANNUR - 670 141.


               T RAJASEKHARAN NAIR SR GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5014 OF 2021(B)

                                         2




                                   JUDGMENT

Dated this the 25th day of February 2021

This writ petition is filed seeking the following reliefs:

i) writ in the nature of mandamus commanding the 4th respondent to approve the appointment of the petitioner for period from 1.12.2008 to 6.7.2009 as H.S.A (English) with all consequential benefits in 5th respondent school.

ii) Declare that the service of the petitioner from 1.12.2008 to 6.7.2009 is liable to approved in the post of H.S.A English in 5th respondent School 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

in spite of directions issued by the Director of General Education,

the question with regard to approval of appointment of the

petitioner for the period from 01.12.2008 to 06.07.2009 has not been

properly considered by the respondents and Ext.P9 order has been

issued on 16.01.2012 rejecting the claim for approval. The petitioner

has preferred Ext.P11 representation before the Government and WP(C).No.5014 OF 2021(B)

seeks a consideration of the same.

Having heard the learned Government Pleader also, there will

be a direction to the respondents to take up consider and pass

orders on Ext.P11 representation preferred by the petitioner after

hearing the petitioner as well as the Manager through any

appropriate means including through 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 SVP WP(C).No.5014 OF 2021(B)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE APPOINTMENT ORDER DATED 01.12.2008 ISSUED TO THE PETITIONER BY THE 5TH RESPONDENT.

EXHIBIT P2 A TRUE COPY OF ORDER DATED 04.02.2009 ISSUED BY THE DISTRICT EDUCATIONAL OFFICER, KANNUR.

EXHIBIT P3 A TRUE COPY OF THE LETTER OF THE 5TH RESPONDENT TO THE D.D.E., KANNUR DATED 21.06.2006.

EXHIBIT P4 A TRUE COPY OF APPEAL OF THE MANAGER DATED 19.02.2009 SUBMITTED TO THE DDE, KANNUR.

EXHIBIT P5 A TRUE COPY OF THE APPOINTMENT ORDER DATED 29.06.2009 ISSUED BY THE D.D.E., KANNUR TO THE PETITIONER.

EXHIBIT P6 A TRUE COPY OF THE RELIEVING ORDER DATED 06.07.2009 OF THE PETITIONER ISSUED BY 5TH RESPONDENT.

EXHIBIT P7 A TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 22.07.2009 ISSUED BY THE D.D.E., KANNUR.

EXHIBIT P8 A TRUE COPY OF THE ORDER OF THE SECOND RESPONDENT DATED 08.02.2010.

EXHIBIT P9 A TRUE COPY OF THE LETTER OF THE D.E.O., KANNUR DATED 16.01.2012 TO THE PETITIONER.

EXHIBIT P10 A TRUE COPY OF THE W.P.(C) 32727/2011 DATED 15.06.2015.

EXHIBIT P11 A TRUE COPY OF THE REPRESENTATION OF THE PETITIONER TO THE GOVT. DATED 21.12.2020.