Manju George vs The State Of Kerala
2021 Latest Caselaw 921 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   MONDAY, THE 11TH DAY OF JANUARY 2021 / 21TH POUSHA, 1942

                     WP(C).No.647 OF 2021

PETITIONERS :-

      1     MANJU GEORGE, AGED 44 YEARS
            W/O.SHAJI C. JOSEPH,
            HIGH SCHOOL ASSISTANT (HINDI) TEACHER,
            ST. THOMAS HSS, ERATTAYAR,
            IDUKKI DISTRICT - 685 514.
            (RESIDING AT CHERIYANKUNNEL HOUSE,
            PARATHODE IDUKKI P. O.,
            IDUKKI DISTRICT - 685 571).

      2     SHINOY KURIAN
            HIGH SCHOOL ASSISTANT (HINDI) TEACHER, SM HSS,
            MURIKASSERY, IDUKKI DISTRICT - 685 604.

            BY ADV. SRI.V.A.MUHAMMED

RESPONDENTS :-

      1     THE STATE OF KERALA
            REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
            GENERAL EDUCATION DEPARTMENT,
            SECRETARIAT ANNEXE II,
            THIRUVANANTHAPURAM - 695 001.

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

      3     THE DEPUTY DIRECTOR OF EDUCTION
            IDUKKI AT THODUPUZHA - 685 584.

      4     THE DISTRICT EDUCATIONAL OFFICER
            THODUPUZHA, IDUKKI DISTRICT - 685 584

      5     THE DISTRICT EDUCATIONAL OFFICER
            KATTAPPANA, IDUKKI DISTRICT - 685 508.

      6     THE MANAGER
            CORPORATE EDUCATIONAL AGENCY, DIOCESE OF IDUKKI,
            KARIMPAN, IDUKKI DISTRICT - 685 602.

      7     THE HEAD MASTER
            ST. MARY'S, PONMUDY, IDUKKI DISTRICT - 685 563.
 WP(C).No.647 OF 2021

                              -: 2 :-


       8      THE HEAD MASTER
              ST. THOMAS HSS, ERATTAYAR,
              IDUKKI DISTRICT - 685 514.

       9      THE HEAD MASTER
              ST. XAVIOUR, HSS, CHEMMANNAR,
              IDUKKI DISTRICT - 685 554.

       10     THE HEAD MASTER
              ST. MARYS HSS, MURIKKASSERY,
              IDUKKI DISTRICT - 685 604.

              BY SMT.NISHA BOSE, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
11.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.647 OF 2021

                                    -: 3 :-


                                 JUDGMENT

Dated this the 11th day of January 2021

This writ petition is filed seeking the following reliefs :-

"i) call for the records relating to Exhibits P-2, P-3, P-4, P-8, P-11 and P-12 and set aside the originals of the same by the issue writ of certiorari or other appropriate writ or order.

ii) declare that petitioners are entitled to get approval of their appointment covered in Exhibits P-1 and P-10.

iii) issue a writ of mandamus or appropriate writ order or direction commanding the Respondents to approve appointment of the Petitioners covered in Exhibit P-1 and P-10 respectively.

iv) issue a writ of mandamus or appropriate writ order or direction commanding the 2nd Respondent to take a decision on Exhibits P-9 and P-13 adverting to Exhibits P- 14, P-15 and P-16 with notice to the Petitioner."

2. Heard the learned counsel for the petitioners and the

learned Government Pleader.

3. It is submitted by the learned counsel for the petitioners

that seeking approval of appointment as HSA (Hindi), the petitioners

have preferred Exts.P9 and P13 revision petitions before the 2 nd

respondent.

Having heard the learned Government Pleader also, there

will be a direction to the 2 nd respondent to take up, consider and pass

orders on Exts.P9 and P13, with notice to the petitioners as well as WP(C).No.647 OF 2021

the Manager, within a period of two months from the date of receipt

of a copy of this judgment. The contentions of the petitioners with

regard to the admissibility of the qualifications shall also be duly

considered by the 2nd respondent.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/11.1.2021 WP(C).No.647 OF 2021

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE 1ST PETITIONER DATED 02.06.2014.

EXHIBIT P2 TRUE COPY OF THE ORDER NO.B4/4206/2014/K.DIS. DATED 12.05.2015 OF THE DEO, THODUPUZHA.

EXHIBIT P3 TRUE COPY OF THE ORDER NO.B4/9411/2015/K.DIS. DATED 08.10.2015 ISSUED BY DDE, IDUKKI.

EXHIBIT P4 TRUE COPY OF THE ORDER NO.B4/6209/2017/K.DIS. DATED 13.06.2017 ISSUED BY THE DDE, IDUKKI.

EXHIBIT P5 TRUE COPY OF THE ORDER NO.EC(2)/56536/2017/DPI/K.DIS. DATED 03.10.2017.

EXHIBIT P6 TRUE COPY OF THE LETTER NO.B4/10566/2017 DATED 19.01.2018 ADDRESSING THE REGISTRAR, HINDI SAHITYA SAMMELAN BY THE DEO, THODUPUZHA,

EXHIBIT P7 TRUE COPY OF THE COMMUNICATION VIDE LETTER DATED 09.07.2018 ADDRESSING THE DEO, THODUPUZHA.

EXHIBIT P7(a) TRANSLATED COPY OF EXHIBIT P7.

EXHIBIT P8 TRUE COPY OF THE ORDER NO.B4/10566/2017/K.DIS.

DATED 27.05.2020 ISSUED BY DEO, THODUPUZHA.

EXHIBIT P9 TRUE COPY OF THE REVISION PETITION DATED 07.12.2020 FILED BY THE 1ST PETITIONER BEFORE THE DIRECTOR.

EXHIBIT P10 TRUE COPY OF THE APPOINTMENT ORDER OF THE 2ND PETITIONER DATED 01.06.2015.

EXHIBIT P11 TRUE COPY OF THE ORDER No.B4/4284/15/K.DIS DATED 25.02.2017 ISSUED BY THE DEO, THODUPUZHA.

EXHIBIT P12 TRUE COPY OF THE ORDER No.B4/6210/2017/K.DIS DATED 07.06.2017 ISSUED BY THE DDE, IDUKKI.

EXHIBIT P13 TRUE COPY OF THE REVISION PETITION DATED 07.12.2020 FILED BY THE 2ND PETITIONER BEFORE THE DIRECTOR.

EXHIBIT P14 TRUE COPY OF THE G.O.(Rt)No.88/98/G.Edn. DATED 17.03.1998.

EXHIBIT P15 TRUE COPY OF THE G.O.(Ms)No.180/2008/G.Edn. DATED 31.10.2008.

WP(C).No.647 OF 2021

EXHIBIT P16 TRUE COPY OF THE G.O.(Rt)No.28/2010/G.Edn. DATED 09.02.2010.

//TRUE COPY//

P.A. TO JUDGE