Unknown vs By Adv. Sri.Paulson Thomas
2021 Latest Caselaw 2224 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   WEDNESDAY, THE 20TH DAY OF JANUARY 2021 / 30TH POUSHA, 1942

                       WP(C).No.28039 OF 2020(D)


PETITIONER

               BIBITHA PAUL
               AGED 37 YEARS
               W/O.BINU MANCHERIL, NOW WORKING AS LPST,
               SM LPS MARIKA, ERNAKULAM DISTRICT, PIN-686 662.

               BY ADV. SRI.PAULSON THOMAS

RESPONDENTS:

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

      2        THE DIRECTOR OF GENERAL EDUCATION,
               GENERAL EDUCATION DEPARTMENT, GOVERNMENT OF KERALA,
               JAGATHY, THIRUVANANTHAPURAM, PIN -695 005.

      3        DISTRICT EDUCATIONAL OFFICER,
               MUVATTUPUZHA, PIN-686 661.

      4        ASSISTANT EDUCATIONAL OFFICER,
               KOOTHATTUKULAM, PIN-686 662.

      5        CORPORATE MANAGER,
               CORPORATE EDUCATIONAL AGENCY,
               DIOCESE OF KOTHAMANGALAM, PIN-686 691.

               SR GP NISHA BOSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                                        2


WP(C).No.28039 OF 2020(D)




                                  JUDGMENT

Dated this the 20th day of January 2021

This writ petition is filed by the petitioner

seeking the following reliefs:-

"i) issue a writ of certiorari quashing P3 and P4.

ii) Issue appropriate directions directing the 2nd respondent Director to reconsider P4 in the light of subsequent Government order i.e. Ext.P10 and to issue consequential directions to grant approval to the petitioner as LPST w.e.f 01.06.2017 with all consequential benefits including salary."

2. Heard the learned counsel for the

petitioner, the learned Government Pleader as well

as the learned counsel for the Corporate Manager.

3. It is submitted by the learned counsel for

the petitioner that, Ext.P4 order of the DPI dated

10.11.2020 was issued without considering the

Ext.P9 interim order of this Court and the

resultant orders passed by the Government in

pursuance to the same.

WP(C).No.28039 OF 2020(D)

4. The learned Government Pleader also submits

that the order of the DPI dated 10.11.2020 has been

issued without noticing Ext.P9 order, which was

dated 13.10.2020.

5. In the above view of the matter and in view

of the admitted factual position that Ext.P9 and

the later developments have not been taken note of

while passing the order dated 10.11.2020 of the DPI

set aside.

There will be a direction to the Director of

General Education to consider the issue afresh,

taking note of Exts. P9 and P10. Orders shall be

passed after hearing the petitioner as well as the

manager, within a period of one month from the date

of receipt of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE hmh

WP(C).No.28039 OF 2020(D)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER AS LPSA WEF 01.06.2017.

EXHIBIT P2 TRUE COPY OF THE APPELLATE ORDER OF THE DEO NO.B6/9060/2017/K.DIS DATED 21.03.2018 DIRECTING TO GRANT APPROVAL ON DAILY WAGE BASIS.

EXHIBIT P3 TRUE COPY OF THE REJECTION ORDER OF THE DEO MUVATTUPUZHA NO.B6/4023/2018/K.DIS DATED 11.09.2018.

EXHIBIT P4 TRUE COPY OF THE ORDER OF THE DPI NO.F5/90103/2018 DGE DATED 10.11.2020.

EXHIBIT P5 TRUE COPY OF THE ORDER OF THE DPI NO.F4/19115/2017/DPI DATED 02.06.2017.

EXHIBIT P6 TRUE COPY OF GO(RT) NO.3308/2017/G.EDN DATED 22.09.2017.

EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN WPC NO.3903/2018 DATED 10.08.2018.

EXHIBIT P8 TRUE COPY OF THE GOVERNMENT LETTER NO.H3/112/2018/GEN.EDN. DATED 11.09.2018.

EXHIBIT P9 TRUE COPY OF THE INTERIM ORDER DATED 13.10.2020 IN WPC NO.26857/2019.

EXHIBIT P10 TRUE COPY OF THE GOVERNMENT LETTER NO.L1/241/2020/G.EDN.DATED 11.12.2020

EXHIBIT P 11 TRUE COPY OF THE PROCEEDINGS OF THE MANAGER DATED 22.09.2017 ADJUSTING LIEN OF TEACHERS

EXHIBIT P 12 TRUE COPY OF THE LIST OF LPSAS APPOIINTED DURING 2017-18 UNDER THE 5TH RESPONDENT RESPONDENT'S EXHIBITS NIL