Sheeba Kumar B vs State Of Kerala
2021 Latest Caselaw 2249 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.1562 OF 2021(U)


PETITIONER:

               SHEEBA KUMAR B.,
               AGED 47 YEARS
               W/O. SHAJ P.A, SANGEERTHANAM, SUDHEESH ROAD,
               P.O.NIRMALAGIRI, KANNUR-670 701.

               BY ADV. SRI.POOVAMULLE PARAMBIL ABDULKAREEM

RESPONDENTS:

      1        STATE OF KERALA
               REPRESENTED BY THE SECRETARY TO GOVERNMENT,
               DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT
               SECRETARIAT, THIRUVANANTHAPURAM-695001.

      2        DIRECTOR OF THE GENERAL EDUCATION,
               JAGATHY, THIRUVANANTHAPURAM-695014.

      3        DEPUTY DIRECTOR OF EDUCATION,
               OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
               KANNUR-670002.

      4        DISTRICT EDUCATIONAL OFFICER,
               OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
               THALASSERY, KANNUR DISTRICT-670101.

      5        MANAGER,
               KUTHUPARAMBA HIGH SCHOOL, KUTHUPARAMBA, KANNUR
               DISTRICT-670 643.


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.1562 OF 2021(U)

                                      2

                                JUDGMENT

This writ petition is filed seeking the following reliefs:-

"i) To issue a writ of mandamus or any other appropriate writ or order or direction directing the 1 st respondent to consider and pass final orders on Exts.P6 revision petition dated 12.08.2020 as expeditiously as possible in the light of Ext.P5 judgment.

ii) To issue a writ of certiorari to set aside denial of approval in Ext.P1 as they are illegal and unjustifiable.

iii) To issue a writ of mandamus or any other appropriate writ or order or direction directing the 4 th respondent to approve the appointment of the petitioner as HSA (Natural Science) from 01.06.2009 to 31.05.2010 and to disburse all consequential monitory benefits due to her forthwith.

iv) To declare that the petitioner is entitled to get approval to her respective post in the light of Ext.P5 judgment.

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.P6 revision petition has been preferred by

the petitioner before the Government seeking approval of

appointment to the post of H.S.A in the 5 th respondent school. It WP(C).No.1562 OF 2021(U)

is submitted that the approval has been rejected on the ground

that there was no sanctioned post during the relevant time in

view of GO(P) No.317/2005/Fin. dated 17.08.2005.

4. Having heard the learned Government Pleader also,

there will be a direction to the 1 st 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. If

the appointment is directed to be approved, the monetary

benefits shall also be calculated and disbursed to the petitioner

within a period of three months thereafter.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE Bng/20.01.2021 WP(C).No.1562 OF 2021(U)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 1.6.2009 ISSUED BY THE 5TH RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE ORDER NO.K.DIS/B6/4413 DATED 28.6.2010 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER DATED 1.6.2010 ISSUED BY THE 5TH RESPONDENT WITH APPROVAL.

EXHIBIT P4 TRUE COPY OF THE STAFF FIXATION ORDER B6/5424/09/D.DIS DATED 11.1.2010, FOR THE YEAR 2009-10 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED 10.6.2015 IN WP(C) NO.16555/2013 PASSED BY THIS HON'BLE COURT.

EXHIBIT P6 TRUE COPY OF THE REVISION PETITION DATED 12.8.2020 THUS SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.