Kerala High Court
Hanan K.P vs The State Of Kerala on 6 January, 2021
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.251 OF 2021(F)
PETITIONER:
HANAN K.P.
AGED 40 YEARS
WIFE OF FAIZAL IBRAHIM,
UPPER PRIMARY SCHOOL TEACHER,
AMUP SCHOOL,
PALLIKKAL, KONDOTTY,
MALAPPURAM DISTRICT-673634.
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 ANNEXURE II,
THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY, THIRUVANANTHAPURAM-695001.
3 THE DEPUTY DIRECTOR OF EDUCATION
DOWN HILL,
MALAPPURAM DISTRICT-676519.
4 THE DISTRICT EDUCATIONAL OFFICER
MALAPPURAM DISTRICT-676519.
5 THE ASSISTANT EDUCATIONAL OFFICER
KONDOTTY,
MALAPPURAM DISTRICT-673638.
6 THE MANAGER
AMUP SCHOOL,
PALLIKKAL, KONDOTTY,
MALAPPURAM DISTRICT-673634.
7 THE HEADMISTRESS
AMUP SCHOOL,
PALLIKKAL ,
WP(C).No.251 OF 2021(F)
2
KONDOTTY,
MALAPPURAM DISTRICT-673634.
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.251 OF 2021(F)
3
JUDGMENT
Dated this the 6th day of January 2021
This writ petition is filed seeking the following reliefs:
"i) call for the records relating to Exhibit P8 and
set aside the original of the same by the issue of a writ of
certiorari or other appropriate writ or order.
ii) declare that the petitioner is entitled to get his
probation declared with effect from 16.08.2019 on
completion of 8 years of service in the category of UPSA.
iii) Issue a writ of mandamus or other appropriate
writ, order or direction commanding the respondents to
uphold the statement of fixation of the petitioner as
such.
iv) Issue a writ of mandamus or other appropriate
writ, order or direction commanding the 1st respondent
to consider and pass appropriate orders upon Exhibit P10
after affording an opportunity of being heard to the
petitioner within a time limit, keeping in abeyance any
coercive steps in the while."
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 declaration of probation taking note of the earlier
WP(C).No.251 OF 2021(F)
service in the leave vacancy as well, the petitioner has preferred
Ext.P10 revision petition before the Government.
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.P10
revision petition preferred by the petitioner, after hearing the
petitioner also, by any appropriate means including through
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
SVP
WP(C).No.251 OF 2021(F)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPROVED APPOINTMENT
ORDER OF THE PETITIONER DATED
16/07/2011.
EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER OF
THE PETITIONER DATED 04.06.2012 AND
APPROVAL THEREON.
EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER OF
THE PETITIONER DATED 30.11.2012 AND
APPROVAL THEREON.
EXHIBIT P4 TRUE COPY OF THE APPOINTMENT ORDER OF
THE PETITIONER DATED 03.06.2013 AND
APPROVAL THEREON.
EXHIBIT P5 TRUE COPY OF THE PROCEEDINGS ORDER NO
4/2016/L.Dis DATED 28/06/2016 OF THE
MANAGER.
EXHIBIT P6 TRUE COPY OF THE PROCEEDINGS ORDER NO
18/2016/L.DIS DATED 30.08.2016 OF THE
HEADMISTRESS.
EXHIBIT P7 TRUE COPY OF THE STATEMENT OF FIXATION
OF PAY OF THE PETITIONER AND APPROVED
BY THE SENIOR SUPERINTENDENT, O/o THE
AEO,
EXHIBIT P8 TRUE COPY OF THE LETTER NO.
F2/29707/19 DATED 31.09.2019 OF THE
DDE ALONG WITH RELEVANT PAGE OF THE
AUDIT OBJECTION PROCEEDINGS.
EXHIBIT P9 TRUE COPY OF THE REPRESENTATION
SUBMITTED BEFORE THE 2ND RESPONDENT
DATED 06.07.2020.
EXHIBIT P10 TRUE COPY OF THE REVISION PETITION
SUBMITTED BEFORE THE GOVERNMENT DATED
18/12/2020.
