Sindhu Krishna vs State Of Kerala
2021 Latest Caselaw 14058 Ker

WP(C) NO. 13458 OF 2021

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                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         WEDNESDAY, THE 7TH DAY OF JULY 2021 / 16TH ASHADHA, 1943
                          WP(C) NO. 13458 OF 2021
PETITIONER:

              SINDHU KRISHNA
              AGED 43 YEARS
              WIFE OF SUMESH LAL, LOWER PRIMARY SCHOOL ASSISTANT,
              S N G S S L P SCHOOL, EDAKULAM,
              THRISSUR DISTRICT - 680686.

              BY ADVS.
              V.A.MUHAMMED
              M.SAJJAD


RESPONDENTS:

     1        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 DISTRICT EDUCATIONAL OFFICER,
              IRJNJALAKUDA, THRISSUR DISTRICT - 680121.

     4        THE ASSISTANT EDUCATIONAL OFFICER
              IRINJALAKUDA, THRISSUR DISTRICT - 680121.

     5        THE MANAGER
              S N G S S L P SCHOOL, EDAKULAM,
              THRISSUR DISTRICT - 680686.

              SRI. T.RAJASEKHARAN NAIR- SR. G.P.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13458 OF 2021

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                                   JUDGMENT

This writ petition is filed seeking the following prayers:

"(i) call for the records relating to Exhibits P-3, P-4 and P-7 and set aside the originals of the same 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 4th Respondent to grant approval to Exhibit P-1 and disburse the attendant benefits forthwith.

(iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 2nd Respondent to 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 the

petitioner is appointed as LPSA in the 5 th respondent's school on

20.10.2017 against an additional division vacancy. Approval was rejected

by the AEO and the appeal was also dismissed by the DEO. It is submitted

that the Government, by Ext.P8 order dated 06.02.2021, has directed that

appointments made against additional division vacancies can be approved

on furnishing due declarations by the manager as provided therein. It is

submitted that thereafter, the manager had resubmitted the proposal with WP(C) NO. 13458 OF 2021

the declaration to the AEO, but no orders were passed thereon.

Complaining of the delay in considering the proposal accompanied by the

declaration, the petitioner has approached the DGE with Ext.P11.

4. Having considered the contentions advanced, I am of the opinion

that Ext.P11 revision which is pending before the DGE is liable to be

considered in accordance with law. There will, accordingly, be a direction

to the 2nd respondent to take up, consider and pass orders on Ext.P11

request preferred by the petitioner, with notice to the petitioner as well as

the Manager and after hearing them, through any appropriate means,

including 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 NP WP(C) NO. 13458 OF 2021

APPENDIX OF WP(C) 13458/2021

PETITIONER'S/S EXHIBITS:

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 20.10.2017.

Exhibit P2 TRUE COPY OF THE JOINING REPORT ISSUED BY THE HEADMISTRESS OF THE SCHOOL DATED 20.10.2017.

Exhibit P3 TRUE COPY OF THE ORDER NO. E-3087/2017/K.DIS DATED 11.01.2018 OF THE AEO.

Exhibit P4 TRUE COPY OF THE ORDER NO. E-1846/K.DIS DATED 02.08.2018 OF THE AEO.

Exhibit P5 TRUE COPY OF THE APPEAL FILED BEFORE THE DEO BY THE MANAGER DATED 17.02.2018.

Exhibit P6 TRUE COPY OF THE APPEAL FILED BEFORE THE DEO BY THE MANAGER DATED 26.09.2018.

Exhibit P7 TRUE COPY OF THE ORDER NO. B1-1717/18/K.DIS DATED 15.11.2018 OF THE DEO.

Exhibit P8 TRUE COPY OF THE G.O(P) NO. 4/2021/G,EDN DATED 06.02.2021 OF THE GOVERNMENT.

Exhibit P9 TRUE COPY OF THE DECLARATION OF THE PETITIONER DATER 19.03.2021.

Exhibit P10 TRUE COPY OF THE COVERING LETTER OF THE MANAGER DATED 19.03.2021.

Exhibit P11 TRUE COPY OF THE APPEAL PETITION FILED BEFORE THE 2ND RESPONDENT BY THE PETITIONER DATED 21.06.2021, WITHOUT EXHIBITS

RESPONDENT'S/S EXHIBITS: NIL