Reji C.A vs The State Of Kerala
2021 Latest Caselaw 99 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     MONDAY, THE 04TH DAY OF JANUARY 2021 / 14TH POUSHA, 1942

                       WP(C).No.29052 OF 2020(F)


PETITIONER:

               REJI C.A.
               AGED 41 YEARS
               WIFE OF AJITH LAL, UPPER PRIMARY SCHOOL TEACHER,
               M V HIGHER SECONDARY SCHOOL, ARUMANOOR,
               NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT-695525.

               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 ANNEXE-II,
               THIRUVANANTHAPURAM-695001.

      2        THE DIRECTOR OF GENERAL EDUCATION,
               JAGATHY, THIRUVANANTHAPURAM-695014.

      3        THE DEPUTY DIRECTOR OF EDUCATION,
               THIRUVANANTHAPURAM-695034.

      4        THE DISTRICT EDUCATIONAL OFFICER,
               NEYYATTINKARA, THIRUVANANTHAPURAM-695121.

      5        THE MANAGER,
               M V HIGHER SECONDARY SCHOOL, ARUMANOOR,
               NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT-695525.

      6        THE PRINCIPAL,
               M V HIGHER SECONDARY SCHOOL, ARUMANOOR,
               NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT-695525.

               GP- SRI. UNNIKRISHNA KAIMAL

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.29052 OF 2020

                                          2




                                  JUDGMENT

This writ petition is filed seeking the following prayers:

"(i) call for the records relating to Exhibit P-1 and set aside the original of the same to the extent it denies approval from 08.11.2010 onwards by the issue of a writ of certiorari or other appropriate writ or order.

(ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 4 th respondent to grant approval to Exhibit P-1 forthwith.

(iii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 1 st respondent to effectively consider and pass appropriate orders upon Exhibit P-11 after affording an opportunity of being heard to the petitioner within a time limit."

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 she

had been appointed as UPST (Upper Primary School Teacher) on

08.11.2010. However, the appointment was approved only with effect

from 01.06.2011. It is submitted that seeking approval of appointment

with effect from the date of initial appointment, the petitioner has

preferred Ext.P11 revision petition before the Government, which is WP(C).No.29052 OF 2020

liable to be considered in accordance with law.

4. 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.P11 revision

petition preferred by the petitioner, with notice to the petitioner and

after hearing her as well as the Manager, 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. If the petitioner is found eligible for any benefits, the

monetary benefits shall also be disbursed within a period of three

months thereafter.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.29052 OF 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 8.11.2010.

EXHIBIT P2 TRUE COPY OF THE LETTER NO.B4/10916/10 DATED 24.2.2011 OF THE DEO, NEYYATTINKARA.

EXHIBIT P3 TRUE COPY OF THE ORDER NO.B5/11015/ 2012/K.DIS. DATED 28.2.2013 OF THE DDE, THIRUVANANTHAPURAM.

EXHIBIT P4 TRUE COPY OF THE STAFF FIXATION ORDER 2010-2011 NO.B4/3578/10/D.DIS. DATED 12.1.2011 OF THE DEO, NEYYATTINKARA.

EXHIBIT P5 TRUE COPY OF THE VERIFICATION REPORT DATED 2.8.2010.

EXHIBIT P6 TRUE COPY OF THE APPEAL PETITION FILED BEFORE THE 2ND RESPONDENT 17.3.2011.

EXHIBIT P7 TRUE COPY OF THE ORDER NO.RA(I)/30736/2012/DPI/K.DIS. DATED 17.8.2012 OF THE 2ND RESPONDENT.

EXHIBIT P8 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 15.9.2012.

EXHIBIT P9 TRUE COPY OF THE G.O.

(RT)NO.2287/2013/G.EDN. DATED 31.5.2013 OF THE GOVERNMENT.

EXHIBIT P10 TRUE COPY OF THE G.O.

(RT)NO.343/2018/G.EDN. DATED 19.1.2018 OF THE GOVERNMENT.

EXHIBIT P11 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 21.5.2020.

RESPONDENT'S/S EXHIBITS: NIL