Reena N.R vs The State Of Kerala
2021 Latest Caselaw 2789 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                 PRESENT

              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

      MONDAY, THE 25TH DAY OF JANUARY 2021 / 5TH MAGHA, 1942

                        WP(C).No.1900 OF 2021

PETITIONER:
              REENA N.R.
              AGED 45 YEARS
              D/O.N.R. RAMACHANDRAN,
              SANSKRIT TEACHER, MSS UP SCHOOL, KANDANISSERY,
              THRISSUR DISTRICT 680 102,
              (RESIDING AT NARIYAMPILLY HOUSE,
              ERAVALLY P.O. CHITTATTUKARA, VIA
              THRISSUR DISTRICT 680 511).

              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,
             THIRUVANANTHAPURAM 695 001.

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

      3       THE DEPUTY DIRECTOR OF EDUCATION,
              THRISSUR 680 003.

      4       THE DISTRICT EDUCATIONAL OFFICER,
              CHAVAKKAD, THRISSUR DISTRICT 680 020.

      5       THE ASSISTANT EDUCATIONAL OFFICER,
              KUNNAMKULAM, THRISSUR DISTRICT 680 503.

      6       THE MANAGER,
              MSS UP SCHOOL, KANDANISSERY,
              THRISSUR DISTRICT 680 102.

      7       THE HEADMASTER,
              MSS UP SCHOOL, KANDANISSERY,
              THRISSUR DISTRICT 680 102.

              SMT.NISHA BOSE, SR GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1900 OF 2021

                                         2

                                 JUDGMENT

Dated this the 25th day of January 2021

This writ petition is filed seeking the

following reliefs:

"i) Call for the records relating to Exhibit P2 and P3 and set aside the originals of the same by the issue of a writ of certiorari or other writ or order.

ii) issue a writ of mandamus or other appropriate writ order or direction commanding the Respondents to approve the appointment of the Petitioner covered by Exhibit P-1 w.e.f 01.06.2010.

iii) To issue a writ of mandamus or other appropriate writ order or direction commanding the 1st Respondents to consider and pass orders on Exhibit P-9 with notice to the Petitioner adverting to Exhibit P6, P7 and P.8.

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. It is submitted by the learned counsel

for the petitioner that the petitioner was

appointed as LG, Sanskrit Teacher from 1.6.2010

against a retirement vacancy. It is submitted

that the appointment was not approved on the

ground that a protected teacher ought to have

been appointed. It is submitted by the learned WP(C).No.1900 OF 2021

counsel for the petitioner that the legal issue

stand covered by the decisions of this Court in

State of Kerala v. Nadeera [2013 (2) KLT 88] and

several such other cases. It is submitted that

Ext.P9 Revision Petition has been preferred by

the petitioner and is pending before the 1st

respondent.

There will be a direction to the 1st

respondent to take up, consider and pass orders

on Ext.P9 Revision Petition preferred by the

petitioner with notice to the petitioner as well

as the Manager of the School and after giving

them an opportunity of being heard through video

conferencing or any other appropriate electronic

means. Orders shall be passed within a period of

three months from the date of receipt of a copy

of the judgment.

Sd/-

ANU SIVARAMAN

JUDGE

Sn WP(C).No.1900 OF 2021

APPENDIX PETITIONER'S/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. B-1626/10 K. DIS DATED 27.11.2010 ISSUED BY THE AEO, KUNNAMKULAM.

EXHIBIT P3 TRUE COPY OF THE ORDER NO. BI-1520/11 DATED 16.06.2011 ISSUED BY THE DEO.

EXHIBIT P4 TRUE COPY OF THE ORDER NO. B-5533/2011 DATED 22.12.2011 ISSUED BY THE AEO.

EXHIBIT P5 TRUE COPY OF THE ORDER NO. B5-2369/11 DATED 26.2.2011 OF THE DDE.

EXHIBIT P6 TRUE COPY OF THE DECISION REPORTED IN 2011 (3) KLT 790 DECIDED ON 04.08.2011.

EXHIBIT P7 TRUE COPY OF THE DECISION REPORTED IN 2009 (3) KLT 863) DECIDED ON 29.06.2009.

EXHIBIT P8 TRUE COPY OF THE G.O.(RT) NOS 1422/2012/G.EDN. DATED 23.12.2012.

EXHIBIT P8 (A) TRUE COPY OF THE G.O. (RT0 NO.1510/12/G.EDN. DATED 28.03.2012.

EXHIBIT P9 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 21.12.2020.

RESPONDENT'S/S EXHIBITS:NIL

Sn

                  //TRUE COPY//                PA TO JUDGE