Prabitha P.P vs The State Of Kerala
2021 Latest Caselaw 2245 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.1588 OF 2021(W)


PETITIONER:

               PRABITHA P.P
               AGED 40 YEARS
               DAUGHTER OF PREMAN, HSA (SANSKRIT), HIGH SCHOOL
               ARIMPUR, THRISSUR DISTRICT-680 620

               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-695 001

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

      3        THE DISTRICT EDUCATIONAL OFFICER,
               THRISSUR-680 020

      4        THE MANAGER,
               HIGHER SCHOOL ARIMPUR, THRISSUR DISTRICT-680 620

      5        THE HEADMASTER,
               HIGH SCHOOL ARIMPUR, THRISSUR DISTRICT-680 620


OTHER PRESENT:

               SR GP T RAJASEKHARAN NAIR

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1588 OF 2021(W)

                                      2

                              JUDGMENT

This writ petition is filed seeking the following reliefs:-

"i) call for the records relating to Exhibit P2 and set aside the original of the same by the issue of a writ of certiorari or other writ or order.

ii) issue a writ of mandamus or any other appropriate writ order or direction commanding the respondents to approve the appointment covered in Exhibit P1 w.e.f 01.06.2010.

iii) issue a writ of mandamus or any other appropriate writ order or direction commanding the 1 st respondent to consider and pass orders on Exhibit P6 with notice to the petitioner adverting to Exhibit P4 and P5.

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 the approval to the petitioner's appointment as

H.S.A from 01.06.2010 is declined only for the reason that the

Manager had not executed the bond in terms of G.O.(P)

No.10/10/G.Edn dated 12.01.2010 by Ext.P2 order. The

petitioner has submitted Ext.P6 revision petition before the

Government seeking approval from the initial date of WP(C).No.1588 OF 2021(W)

appointment to the post of H.S.A in the 4th respondent school.

4. In the above view of the matter, there will be a

direction to the 1st respondent to take up, consider and pass

orders on Ext.P6 revision petition preferred by the petitioner

with notice to the petitioner as well as the Manager and after

hearing them through any appropriate means including 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 Bng/21.01.2021 WP(C).No.1588 OF 2021(W)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.2010.

EXHIBIT P2 TRUE COPY OF THE ORDER NO. B3-

22473/10/K.DIS DATED 04.10.2011 ISSUED BY THE DDE, THRISSUR.

EXHIBIT P3 TRUE COPY OF THE INFORMATION FURNISHED VIDE LETTER NO. B5/24/2011/L.DIS DATED 04.02.2011 BY THE PUBLIC INFORMATION OFFICER ATTACHED TO THE OFFICE OF THE DDE, THRISSUR TO THE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE G.O(RT) NO.

1422/2012/G.EDN DATED 23.03.2012.

EXHIBIT P5 TRUE COPY OF THE G.O(RT) NO.

1510/2012/G.EDN DATED 28.03.2012.

EXHIBIT P6 TRUE COPY OF THE REVISION PETITION DATED 21.12.2020 FILED BY THE PETITIONER BEFORE THE GOVERNMENT.