Suhailath N. P vs State Of Kerala
2021 Latest Caselaw 13944 Ker

WP(C) NO. 13367 OF 2021              1


             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
             THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
      TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
                       WP(C) NO. 13367 OF 2021
PETITIONER:

       SUHAILATH N.P
       AGED 30 YEARS, WIFE OF ISMAIL, LOWER PRIMARY SCHOOL
       TEACHER, PPTMALP SCHOOL, PUNNAKKAD, MANKADA, MALAPPURAM
       DISTRICT 679 324

      BY ADVS.
      V.A.MUHAMMED
      M.SAJJAD



RESPONDENTS:

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

2       THE DISTRICT EDUCATIONAL OFFICER, B2 BLOCK, CIVIL
        STATION, MALAPPURAM DISTRICT 676 505

3       THE ASSISTANT EDUCATIONAL OFFICER, MANKADA,
        MALAPPURAM DISTRICT 679 324

4       THE MANAGER, PPTMALP SCHOOL, PUNNAKKAD, MANKADA,
        MALAPPURAM DISTRICT 679 324

5       THE HEADMASTER, PPTMALP SCHOOL, PUNNAKKAD, MANKADA,
        MALAPPURAM DISTRICT 679 324


    SMT. NISHA BOSE-SR.G.P.


        THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON    06.07.2021,    THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 13367 OF 2021             2


                               JUDGMENT

This writ petition is filed seeking the following reliefs:

(1) call for the records relating to Exhibits P2 and P4 and set aside the originals of the same by the issue of a writ of certiorari or other appropriate writ or order. (2) issue a writ of mandamus or other appropriate writ, order or direction commanding the 3rd respondent to approve the appointment of the petitioner as LPST from 01.06.2020 and disburse the attendant benefits forthwith.

(3) issue a writ of mandamus or other appropriate writ, order or direction commanding the 1st respondent to consider and pass appropriate orders upon Exhibit P5 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 the

petitioner was appointed as LPST in the 4th respondent's school from

01.06.2020. The approval for appointment has been rejected by the AEO.

The appeal preferred by the petitioner has also been rejected by the

DEO. The petitioner therefore approached the Government with Ext.P5

revision petition and seeks a consideration of the same.

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.P5 revision petition preferred by the petitioner with notice to the

petitioner as well as the 4th respondent and after hearing them through

any appropriate means, including by 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

APPENDIX

PETITIONER ANNEXURE

Exhibit P1 TURE COPY OF THE APPOINTMENT APPROVAL APPLICATION FORM

Exhibit P2 TRUE COPY OF THE ORDER NO.D/4655/2020 DATED 23.10.2020 OF THE AEO, MANKADA

Exhibit P3 TRUE COPY OF THE APPEAL APPLICATION

Exhibit P4 TRUE COPY OF THE ORDER NO.B1/193643/2020 DATED 2.3.2021 OF THE DEO MALAPPURAM

Exhibit P5 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 27.05.2021.