The Manager vs The State Of Kerala
2021 Latest Caselaw 568 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

            THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    THURSDAY, THE 07TH DAY OF JANUARY 2021 / 17TH POUSHA, 1942

                        WP(C).No.397 OF 2021(Y)


PETITIONER/S:

                THE MANAGER, EV UP SCHOOL
                TUNERI, NADAPURAM, KOZHIKODE DISTRICT 673 505

                BY ADVS.
                SRI.V.A.MUHAMMED
                SRI.M.SAJJAD

RESPONDENT/S:

      1         THE STATE OF KERALA
                REP.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
                CIVIL STATION, KOZHIKODE 673 020

      4         THE DISTRICT EDUCATIONAL OFFICER
                VADAKARA, KOZHIKODE DISTRICT 673 101

      5         THE ASSISTANT EDUCATIONAL OFFICER
                NADAPURAM, KOZHIKODE DISTRICT 673 504


OTHER PRESENT:

                GP- SMT. NISHA BOSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.397 OF 2021(Y)

                                         2




                                 JUDGMENT

Dated this the 7th day of January 2021

This writ petition is filed seeking the following prayers:

"(i) call for the records relating to Exts.P6 and P8 and set aside the originals of the same by the issue of a writ of certiorari or other appropriate writ or order.

ii) declare that the approval granted to the appointments covered by Exts.P2,P3, P4 and P5 is valid and legal.

iii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 1 st respondent to consider and pass orders on Ext.P7 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

appointments effected by the petitioner by Exts.P2 to P5 against

sanctioned posts had been approved pursuant to Ext.P1 order. It is

submitted that thereafter the 3rd respondent had raised Ext.P6 audit

objection and directions have been issued to the petitioner to repay the

salary paid to the Teachers as well. It is submitted that Ext.P7 appeal has

been preferred by the petitioner before the Government, which is liable WP(C).No.397 OF 2021(Y)

to be considered in accordance with law.

4. Having heard the learned Government Pleader also, there will be a

direction to the 1st respondent to take up, consider and pass orders on

Ext.P7 appeal preferred by the petitioner, after notice to the petitioner as

well, within a period of three months from the date of receipt of a copy of

this judgment. Till such time, the recovery ordered by Ext.P6 shall stand

deferred.

This writ petition is ordered accordingly.

Sd/

ANU SIVARAMAN

JUDGE

Jm/ WP(C).No.397 OF 2021(Y)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE G.O.(RT) NO.54/2019/G.EDN.

DATED 5.1.2019

EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER OF SMT.V.DHANYA ALONG WITH APPROVAL RECORDED THEREON DATED 26.3.2019

EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER OF SMT.I.SREEJA ALONG WITH APPROVAL RECORDED THEREON DATED 23.3.2019

EXHIBIT P4 TRUE COPY OF THE APPOINTMENT ORDER OF SMT.K.REKHA ALONG WITH APPROVAL RECORDED THEREON DATED 22.3.2019

EXHIBIT P5 TRUE COPY OF THE APPOINTMENT ORDER OF SRI.SAJITH I.V. ALONG WITH APPROVAL RECORDED THEREON DATED 25.4.2019

EXHIBIT P6 TRUE COPY OF THE AUDIT OBJECTION RAISED BY THE 3RD RESPONDENT (RELEVANT PORTION OF THE AUDIT REPORT)

EXHIBIT P7 TRUE COPY OF THE APPEAL FILED BY THE MANAGER BEFORE THE GOVERNMENT

EXHIBIT P8 TRUE COPY OF THE LETTER NO.B/79/2020 DATED 4.12.2020 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER