Kerala High Court
Rakhi U.K vs The State Of Kerala on 5 January, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
TUESDAY, THE 05TH DAY OF JANUARY 2021 / 15TH POUSHA, 1942
WP(C).No.66 OF 2021(G)
PETITIONER:
RAKHI U.K.,
AGED 36 YEARS
WIFE OF GANESH MOULY,
UPPER PRIMARY SCHOOL ASSISTANT,
NETAJI HIGHER SECONDARY SCHOOL, PRAMADOM,
PATHANAMTHITTA DISTRICT-689646.
BY ADVS.
SRI.V.A.MUHAMMED
SRI.M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
SECRETARIAT ANNEXE II, THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
PATHANAMTHITTA AT THIRUVALLA-689101.
4 THE DISTRICT EDUCATIONAL OFFICER,
PATHANAMTHITTA-689001.
5 THE MANAGER,
NETAJI HIGHER SECONDARY SCHOOL, PRAMADOM,
PATHANAMTHITTA DISTRICT-689646.
6 THE PRINCIPAL,
NETAJI HIGHER SECONDARY SCHOOL, PRAMADOM,
PATHANAMTHITTA DISTRICT-689646.
R1 TO R4 BY SRI.UNNIKRISHNA KAIMAL, GOVERNMENT
PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.66 OF 2021(G) 2
JUDGMENT
Dated this the 5th day of January 2021
This writ petition is filed seeking the following reliefs:
(i) call for the records relating to Exhibits P-2 and P-3
and set aside the originals of the same by the issue of a
writ of certiorari or other appropriate writ or order.
(ii) issue a writ of mandamus or other appropriate writ,
order or direction commanding the 4 th Respondent to
approve the appointment of the Petitioner since 01.06.2018
and disburse the attendant benefits forthwith.
(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 Exhibit P-4
after affording an opportunity of being heard to the
Petitioner within a time limit.
(iv) pass such other order or direction which this Hon'ble
Court may deem fit and proper to grant in the
circumstances of the case.
2. Heard the learned Counsel for the petitioner and the learned
Government Pleader.
3. The learned Counsel for the petitioner submits that seeking
approval of appointment, the petitioner has approached the 1 st respondent
preferring Ext.P4 Revision Petition which is still pending.
4. Having heard the learned Government Pleader also, there will
be a direction to the 1st respondent to take up, consider and pass orders on
Ext.P4 Revision Petition preferred by the petitioner, with notice to the
petitioner as well as the Manager, within a period of three months from
the date of receipt of a copy of this judgment. The contentions raised by
the petitioner including in terms of Ext.P6 Government Order shall be
considered by the respondents. The benefits if any found due to the
petitioner shall also be released within a period of three months
thereafter.
The writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
Bb/5/1/2021
APPENDIX
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER DATED 1.6.2018.
EXHIBIT P2 TRUE COPY OF THE LETTER
NO.B5/4716/2018/K.DIS. DATED 11.1.2019 OF
THE DEO, PATHANAMTHITTA APPOINTMENT ORDER
OF THE PETITIONER.
EXHIBIT P3 TRUE COPY OF THE ORDER
NO.B4/1847/2019/K.DIS. DATED 5.4.2019 OF
THE DDE, PATHANAMTHITTA.
EXHIBIT P4 TRUE COPY OF THE REVISION PETITION MOVED
BEFORE THE GOVERNMENT BY THE PETITIONER
DATED 9.12.2020.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN WP(C)
NO.19592/2011 DATED 5.10.2017.
EXHIBIT P6 TRUE COPY OF THE G.O.
(RT)NO.5533/2019/G.EDN. DATED 18.12.2019
OF THE GOVERNMENT.
RESPONDENTS' EXHIBITS: NIL
[True copy]
P.A to Judge
Bb
