Citation : 2021 Latest Caselaw 1659 Ker
Judgement Date : 15 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 15TH DAY OF JANUARY 2021 / 25TH POUSHA, 1942
WP(C).No.1149 OF 2021(P)
PETITIONER:
NAVITHA M.V.
AGED 35 YEARS, W/O.BABU C.V.,
LOWER PRIMARY SCHOOL TEACHER TEACHER (UNAPPROVED),
A.L.P.S. KANKOL, KANKOL P.O., PAYYANUR VIA,
KANNUR DIST., PIN-670307,
RESIDING AT KOOVACHERY, KOZHUMMAL P.O.,
KANNUR DIST., -670521.
BY ADV. SRI.MURALI PALLATH
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVT.,
GENERAL EDUCATION DEPARTMENT,
GOVT. SECRETARIAT (ANNEX II),
THIRUVANANTHAPURAM, PIN-695014.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM, PIN-695014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
KANNUR, THANA P.O., KANNUR DIST., PIN-670002.
4 THE DISTRICT EDUCATIONAL OFFICER,
TALIPARAMBA MINI CIVIL STATION, TALIPARAMBA,
KANNUR DIST., PIN-670141.
5 THE ASST. EDUCATIONAL OFFICER,
PAYYANNUR, KANNUR DIST., PIN-670307.
SR GP NISHA BOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
15.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.1149 OF 2021(P)
2
JUDGMENT
Dated this the 15th day of January 2021
This writ petition is filed seeking the following reliefs:
"i. Issue a writ of certiorari calling for records leading to Ext.P2, Ext.P3 and set aside them.
ii. orders declaring that the petitioner is entitled for approval as LPST w.e.f 01.06.2018.
iii. Issue a writ of mandamus commanding the 1 st respondent to consider and pass appropriate orders on Exhibit P12 revision petition within two months after hearing 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 Ext.P12 revision is preferred before the
Government against the rejection of approval to the petitioner's
appointment. It is submitted that there is no approved manager
in the school at present and that the 5 th respondent is functioning
as a manager.
Having heard the learned Government Pleader also, there
will be a direction to the 1st respondent to take up, consider and
pass appropriate orders on Ext.P12 revision petition preferred by
the petitioner with notice to the petitioner as well and after
hearing the petitioner within a period of three months from the WP(C).No.1149 OF 2021(P)
date of receipt of copy of this judgment. If any, amounts are
found due the same shall also be disbursed within a period of
three months thereafter.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE nak WP(C).No.1149 OF 2021(P)
APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF APPOINTMENT ORDER DATED 1.6.2018.
EXHIBIT P2 TRUE COPY OF ORDER NO.B5/7045/18 K.DIS.
DATED 5.1.2019.
EXHIBIT P3 TRUE COPY OF ORDER NO.G5/3123/2019/D.G.E./K DIS. DATED 26.2.2020.
EXHIBIT P4 A TRUE COPY OF ORDER NO.D/900/18 DATED 25.4.2018.
EXHIBIT P5 TRUE COPY OF LETTER DATED 24.4.2020 OF THE 5TH RESPONDENT.
EXHIBIT P6 TRUE COPY OF ORDER NO.D/2832/15 D.DIS DATED 12.2.2016 (STAFF FIXATION FOR THE YEAR 2015-16).
EXHIBIT P7 TRUE COPY OF ORDER NO.D3172/2017(1) DATED 5.12.2017 (STAFF FIXATION FOR THE YEAR 2016-17).
EXHIBIT P8 TRUE COPY OF ORDER NO.D.DIS/D/1713/2017 DATED 15.7.2017 (STAFF FIXATION FOR THE YEAR 2017-18).
EXHIBIT P9 TRUE COPY OF ORDER NO.D.DIS/1934/18 DATED 29.6.2018 (STAFF FIXATION FOR THE YEAR 2018-19).
EXHIBIT P10 TRUE COPY OF ORDER NO.D.DIS/43518/2019 DATED 16.7.2019 (STAFF FIXATION FOR THE YEAR 2019-20).
EXHIBIT P11 TRUE COPY OF ORDER NO.D/11963/2019 DATED 7.11.2019.
EXHIBIT P12 TRUE COPY OF REVISION PETITION DATED 9.1.2021 SUBMITTED BY THE PETITIONER.
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