Udaya Sankar Lal N.U vs The State Of Kerala
2021 Latest Caselaw 2940 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    WEDNESDAY, THE 27TH DAY OF JANUARY 2021 / 7TH MAGHA, 1942

                       WP(C).No.1989 OF 2021(W)

PETITIONER:

               UDAYA SANKAR LAL N.U.
               AGED 37 YEARS
               SON OF UDAYAKUMAR, UPPER PRIMARY SCHOOL ASSISTANT,
               AUP SCHOOL, IRUMBAKASSERY, PALAKKAD DISTRICT-679 533

               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 ANNEX II,
               THIRUVANANTHAPURAM 695 001.

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

      3        THE DEPUTY DIRECTOR OF EDUCATION,
               PALAKKAD-678 001

      4        THE DISTRICT EDUCATIONAL OFFICER,
               OTTAPALAM, PALAKKAD DISTRICT-679 101

      5        THE ASSISTANT EDUCATIONAL OFFICER,
               THRITHALA, PALAKKAD DISTRICT-679 534

      6        THE MANAGER,
               AUP SCHOOL, IRUMBAKASSERY, PALAKKAD DISTRICT-679 533

      7        THE HEAD MASTER,
               AUP SCHOOL, IRUMBAKASSERY, PALAKKAD DISTRICT-679 533


OTHER PRESENT:

               SR GP NISHA BOSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
27.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1989 OF 2021(W)

                                     2

                              JUDGMENT

Dated this the 27th day of January 2021

This writ petition is filed seeking the following prayers:-

"i) call for the records relating to Exhibit P3(a) and P5 and set aside the originals of the same to the extent it fail to approve the appointment from 03.06.2013 onwards by the issue of a writ of certiorari or other appropriate writ or order.

ii) declare that the Exhibit P3 is liable to approved from 03.06.2013 onwards.

iii) call for the records relating to Exhibits P6 and P7 and set aside the originals of the same by the issue a writ of certiorari or other appropriate writ or order.

iv) issue a writ of mandamus or other appropriate writ, order or direction directing the 1st respondent to take a decision on Exhibits P8 within a time limit with notice to the petitioner."

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 has approved service as UPSA in

the 6th respondent school. It is submitted that the petitioner

had been shifted against a regular vacancy from 03.06.2013,

but the approval was declined. While so, during the pendency WP(C).No.1989 OF 2021(W)

of an appeal against the declining of approval for the

petitioner's appointment, the petitioner had availed leave. It is

submitted that, by Ext.P6 communication, the leave sought for

by the petitioner had been rejected by the Government and by

Ext.P7, an audit objection had been raised with regard to the

approval of the petitioner's appointment and fixation of pay.

The petitioner has preferred Ext.P8 revision petition against

Ext.P7 before the Government. It is submitted that since Ext.P6

is not a Government order and is only a communication

addressed from the Government Secretary to the Director of

General Education, the issue with regard to grant of leave is

also liable to be considered by the Government in accordance

with law and a speaking order is to be passed on the same.

4. Having heard the learned Government Pleader also, I

am of the opinion that Ext.P8 revision petition as against Ext.P7

is liable to be considered by the Government. The issue with

regard to grant of leave to the petitioner is also to be

considered with notice to the petitioner and a speaking order is

liable to be passed.

WP(C).No.1989 OF 2021(W)

5. 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.P8 revision petition preferred by the petitioner

untrammeled by Ext.P6 which is not a Government order and

which does not give any reasons for the rejection. Appropriate

orders shall be passed, after hearing the petitioner as well as

the Manager by 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/27.01.2021 WP(C).No.1989 OF 2021(W)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 06.08.2009.

EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 11.07.2011.

EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 27.03.2017.

EXHIBIT P3 A TRUE COPY OF THE APPROVAL ORDER NO. K.DIS C/2876/2016 DATED 29.08.2017 ISSUED BY THE ASSISTANT EDUCATIONAL OFFICER, THRITHALA.

EXHIBIT P4 TRUE COPY OF THE APPLICATION FOR LEAVE SUBMITTED BY THE PETITIONER DATED 01.08.2014.

EXHIBIT P4 A TRUE COPY OF THE ORDER OF THE DEO, OTTAPPALAM VIDE NO. K.DIS. B4/4124/2016 DATED 16.02.2017.

EXHIBIT P5 TRUE COPY OF THE ORDER OF THE DEO, OTTAPPALAM VIDE NO. K.DIS. B4/4276/2017 DATED 16.08.2017.

EXHIBIT P6 TRUE COPY OF THE GOVERNMENT LETTER NO.

B3/466/2018/G.EDN DATED 23.11.2018.

EXHIBIT P7 TRUE COPY OF THE AUDIT OBJECTION VIDE NO.

A/3068/2019 DATED 27.09.2019 RAISED BY THE AEO, THRITHALA (RELEVANT PORTION OF THE AUDIT OBJECTION).

EXHIBIT P8 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 01.01.2021.

EXHIBIT P9 TRUE COPY OF THE G.O(RT) NO.

885/2020/G.EDN DATED 19.02.2020.