Kerala High Court
Sukhi Radha N vs The State Of Kerala on 13 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 13TH DAY OF JANUARY 2021 / 23TH POUSHA, 1942
WP(C).No.908 OF 2021(K)
PETITIONER/S:
SUKHI RADHA N.
AGED 33 YEARS
D/O.NARENDRAN, LOWER PRIMARY SCHOOL ASSISTANT, A U P
SCHOOL, PANANGATTIRI, KOOLLENGODE, PALAKKAD DISTRICT
- 678 506 (RESIDING AT KADAMBATHONI HOUSE,
PANANGATTIRI, PALAKKAD DISTRICT - 678 506).
BY ADVS.
SRI.V.A.MUHAMMED
SRI.M.SAJJAD
RESPONDENT/S:
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 ASSISTANT EDUCATIONAL OFFICER
KOLLENGODE, PALAKKAD DISTRICT - 678 506.
4 THE MANAGER, A U P SCHOOL
PANANGATTIRI, KOLLENGODE, PALAKKAD DISTRICT - 678
506.
5 THE HEADMASTER, A U P SCHOOL
PANANGATTIRI, KOLLENGODE, PALAKKAD DISTRICT - 678
506.
OTHER PRESENT:
SR GP SMT. NISHA BOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.908 OF 2021(K)
2
JUDGMENT
Dated this the 13th day of January 2021
This writ petition is filed seeking the following prayers:
"(i) declare that the petitioner is entitled to get approval in
pay scale since 06.10.2006 onwards.
ii) issue a writ of mandamus or other appropriate writ,
order or direction commanding the 3 rd respondent to
modify the approval contained in Ext.P1 in scale of pay
since 6.10.2006 onwards.
iii) issue a writ of mandamus or other appropriate writ,
order or direction commanding the 1 st respondent to
consider and pass appropriate orders upon Ext.P7 after
affording an opportunity of being heard to the petitioner
within a time limit, duly taking note of Exts.P4 to P6
judgments.
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
seeking approval of appointment on a time scale of pay from the date of
appointment in a regular vacancy, petitioner has preferred Ext.P7
revision petition before the Government. It is submitted that the matter
is liable to be considered in the light of the judgment of the Hon'ble Apex
WP(C).No.908 OF 2021(K)
Court in State of Kerala v. Sneha Cheriyan 2013 (1) KLT 755 (SC)] and the
Division Bench judgment of this Court in Nair Service Society v. State of
Kerala 2013 (3) KLT 921].
4. The learned Government Pleader submitted that Ext.P7 revision
petition shall be considered by the 1 st respondent, taking note of the
precedents and the settled position of law. Accordingly, there will be a
direction to the 1st respondent to take up and pass orders on Ext.P7
revision petition preferred by the petitioner with notice to the petitioner
as well, within a period of three months from the date of receipt of a copy
of this judgment. The petitioner and the Manager shall be put on notice
and heard by any appropriate means including video conferencing before
orders are passed as directed above.
This writ petition is ordered accordingly.
Sd/
ANU SIVARAMAN
JUDGE
Jm/
WP(C).No.908 OF 2021(K)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED
06/10/2006 AND APPROVAL RECORDED THEREON.
EXHIBIT P2 TRUE COPY OF THE RELEVANT PAGE OF THE
SERVICE BOOK OF THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE REVISED STAFF FIXATION
ORDER NO.D.DIS.B/222/11 DATED 23/07/2011 OF
THE AEO.
EXHIBIT P4 TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO.20919/2015 DATED 10/12/2015.
EXHIBIT P5 TRUE COPY OF THE DECISION REPORTED IN 2013
(4) KLT 921 DECIDED ON 1ST NOVEMBER 2013.
EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN WP(C)
NO.20912/2016 DATED 07/07/2016.
EXHIBIT P7 TRUE COPY OF THE REVISION PETITION MOVED
BEFORE THE GOVERNMENT DATED 22/12/2010
(WITHOUT EXHIBITS).
