Rajasree M vs State Of Kerala
2021 Latest Caselaw 14512 Ker

WP(C) NO. 13896 OF 2021

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                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
                THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
         TUESDAY, THE 13TH DAY OF JULY 2021 / 22ND ASHADHA, 1943
                          WP(C) NO. 13896 OF 2021
PETITIONER:

              RAJASREE M
              AGED 32 YEARS
              W/O.JITHESH A., HIGH SCHOOL ASSISTANT (ENGLISH),
              THIRUVANGOOR HIGHER SECONDARY SCHOOL, THIRUVANGOOR,
              KOYILANDI, KOZHIKODE - 673304

              BY ADVS.
              V.MADHUSUDHANAN
              B.V.JOY SANKAR
              VIMAL KUMAR.A.V.


RESPONDENTS:

     1        STATE OF KERALA
              REPRESENTED BY SECRETARY, GENERAL EDUCATION DEPARTMENT,
              SECRETARIAT, THIRUVANANTHAPURAM -695001

     2        THE DIRECTOR GENERAL OF EDUCATION
              JAGATHY, THIRIVANANTHAPURAM -695014

     3        THE DISTRICT EDUCATIONAL OFFICER
              VADAKARA, KOZHIKKODE -673104

     4        THE MANAGER,
              THIRUVANGOOR HIGHER SECONDARY SCHOOL, THIRUVANGOOR,
              KOYILANDI, KOZHIKODE - 673304

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

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
13.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13896 OF 2021

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                                   JUDGMENT

This writ petition is filed seeking the following prayers:

"(i) Declare that the appointment of the petitioner as H.S.A (English) is liable to be approved with continuity of service with effect from 1.6.2015 with all consequential benefits.

(ii) issue a writ of mandamus directing the 3 rd respondent to approve the appointment of the petitioner from 1.4.2018 to 1.7.2018 and approve the appointment made as per Exhibit P-5 without having any time limit with all consequential benefits.

(iii) issue a writ of mandamus directing the 2nd respondent to consider and pass orders of Ext.P7 appeal within a time limit fixed by this Honourable Court."

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 HSA (English) on 01.06.2015. She was later

accommodated against a regular vacancy which arose on 15.07.2015. It is

submitted that the petitioner's appointment for the period from

15.07.2015 to 31.03.2018 had been approved. She had thereafter been

appointed on 30.06.2018 to 29.06.2023. The petitioner seeks a

consideration of the approval of her appointment from 01.06.2015

onwards continuously, as long as the vacancy subsists. It is submitted that WP(C) NO. 13896 OF 2021

though such a request had been submitted by the manager, by Ext.P4

order, the appointments were approved only from 15.07.2015 to 31.03.2018

and thereafter from 02.07.2018 to 29.06.2023. Seeking continuous approval

from the date of initial appointment so long as the vacancy subsists, the

manager of the school has approached the 2 nd respondent with Ext.P7

revision petition under Rule 8 A, Chapter XIV A, KER.

4. Having heard the learned Government Pleader also, I am of the

opinion that the request made by the manager is liable to be considered in

accordance with law. There will, accordingly, be a direction to the 2 nd

respondent to take up Ext.P7 revision petition submitted by the manager

and consider and dispose of the same with notice to the petitioner as well

as the 4th respondent and after hearing them, through any appropriate

means, including video conferencing. Orders shall be passed within a

period of two 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. 13896 OF 2021

APPENDIX OF WP(C) 13896/2021 PETITIONER'S/S EXHIBITS:

Exhibit P1 COPY OF APPOINTMENT ORDER DATED 1/6/2015 ISSUED BY THE 4TH RESPONDENT

Exhibit P2 COPY OF ORDER NO.B5-4029/2015/K.DIS DATED 3.9.2016 ISSUED BY THE 3RD RESPONDENT

Exhibit P3 COPY OF ORDER NO.B5-5308/2016/K.DIS DATED 29.6.2017 ISSUED BY 3RD RESPONDENT

Exhibit P4 COPY OF ORDER NO.B6-7329/17/K.DIS DATED 13.09.2018 ISSUED BY THE 3RD RESPONDENT

Exhibit P5 COPY OF APPOINTMENT ORDER DATED 30.6.2018 ISSUED BY THE 4TH RESPONDENT

Exhibit P6 COPY OF ORDER GO(RT)NO.1957/2019/GEN.EDN.

DATED 28.5.2019 ISSUED BY 1ST RESPONDENT

Exhibit P7 COPY OF APPEAL DATED 10.11.2020 FILED BY THE 4TH RESPONDENT BEFORE THE 2ND RESPONDENT

RESPONDENT'S/S EXHIBITS: NIL