Jesna Kottayi vs State Of Kerala
2021 Latest Caselaw 376 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   WEDNESDAY, THE 06TH DAY OF JANUARY 2021 / 16TH POUSHA, 1942

                        WP(C).No.272 OF 2021(H)


PETITIONER:

               JESNA KOTTAYI
               AGED 34 YEARS
               H.S.A(P.S), KUTHUPARAMBA HIGH SCHOOL, KUTHUPARAMBA,
               KANNUR DISTRICT-670643.

               BY ADV. SRI.POOVAMULLE PARAMBIL ABDULKAREEM

RESPONDENTS:

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

      2        DIRECTOR OF GENERAL EDUCATION,
               JAGATHI, THIRUVANANTHAPURAM-695014.

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

      4        MANAGER,
               KUTHUPARAMBA HIGH SCHOOL, KUTHUPARAMBA, KANNUR
               DISTRICT-670643.



               GP-SMT.NISHA BOSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.272 OF 2021(H)

                                           2




                                 JUDGMENT

Dated this the 6th day of January 2021

This writ petition is filed seeking the following reliefs:

"i. To issue a writ of mandamus or any other appropriate order or direction directing the 1 st respondent to consider and pass final orders on Ext.P9 revision petition dated 24.12.2020 with deeming provision as expeditiously as possible.

ii. To issue a writ of certiorari or any other appropriate writ or order quashing Ext.P1, P3 & P6 and to the extent denial of approval from the date of appointment in Ext.P2 as it is illegal and unjustifiable.

iii. To issue a writ of mandamus or any other appropriate writ or order or direction directing the 3 rd respondent to approve the appointment of the petitioner as HSA(P.S) from 14/08/2008 onwards in Kuthuparamba High School, Kuthuparamaba and to disburse all consequential benefits of her forthwith."

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 seeking approval of appointment of HSA (Physical Science)

from 14.08.2008, Ext.P9 revision petition has been preferred before WP(C).No.272 OF 2021(H)

the 1st respondent and is pending consideration.

There will, accordingly, be a direction to the 1st respondent to

take up, consider and pass orders on Ext.P9 revision petition

preferred by the petitioner, after notice to the petitioner as well as

the Manager and after hearing them, by any appropriate means

including through video conferencing. Orders shall be passed

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 SVP WP(C).No.272 OF 2021(H)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER NO.B6/5509/09/K.DIS DATED 19.06.2009 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER DATED 14.08.2008 THUS ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE REJECTION ORDER NO.K.DIS/B6/9248/08 DATED 16.11.2009 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE ORIGINAL STAFF FIXATION ORDER NO.B6/6525/08/D.DIS DATED 25.02.2009 FOR THE YEAR 2008-09 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE LETTER NO.60930/J2/G.EDN. DATED 25.10.2011 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE ORDER NO.RA(3)/16700/2016/DPI/K.DIS DATED 22.06.2017 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 26.07.2017 IN W.A.NO.2592/2015 PASSED BY THIS HON'BLE COURT.

EXHIBIT P8 TRUE COPY OF THE PROCEEDINGS NO.B6/4954/19/K.DIS DATED 22.2.2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE REVISION PETITION DATED 24.12.2020 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.