Kerala High Court
Sinsha Manakkadavan vs State Of Kerala on 22 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 22ND DAY OF JULY 2021 / 31ST ASHADHA, 1943
WP(C) NO. 11568 OF 2021
PETITIONERS :-
1 RAMYA S.R., AGED 40 YEARS
W/O.UNNIKRISHNAN K.P., H.S.T. (MATHS), KADACHIRA HSS,
KADACHIRA P.O. - 670 621, RESIDING AT SOPANAM,
IRUVERI P.O. - 670 613, KANNUR DISTRICT.
2 DHANYA P.K., AGED 36 YEARS
W/O.DINESAN.P., H.S.T. (ENGLISH), KADACHIRA HSS,
KADACHIRA P.O. - 670 621, RESIDING AT SOPANAM,
THAZHECHOVVA P.O. - 670 618, KANNUR DISTRICT.
BY ADV DINESH KUMAR K.
RESPONDENTS :-
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT
THIRUVANANTHAPURAM - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHI, THIRUVANANTHAPURAM - 695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
KANNUR - 670 001.
4 THE DISTRICT EDUCATIONAL OFFICER,
KANNUR - 670 001.
5 THE MANAGER,
KADACHIRA HIGHER SECONDARY SCHOOL,
KADCHIRA P.O. - 670 621, KANNUR DISTRICT.
SRI. T. RAJASEKHARAN NAIR-SR. G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.07.2021, ALONG WITH WP(C).11588/2021, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C) Nos.11568 & 11588 OF 2021
-: 2 :-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 22ND DAY OF JULY 2021 / 31ST ASHADHA, 1943
WP(C) NO. 11588 OF 2021
PETITIONERS :-
1 SINSHA MANAKKADAVAN, AGED 27 YEARS
W/O.SAJEESH.T.V., U.P.S.T., KADACHIRA HSS,
KADACHIRA P.O., PIN-670 621, RESIDING AT SAKETHAM,
KOTTAYAM MALABAR P.O., PIN-670 643, KANNUR DISTRICT.
2 SHILNA CHIRAMMAL, AGED 35 YEARS
W/O.JITHESH, U.P.S.T., KADACHIRA HSS, KADACHIRA P.O.,
PIN-670 621, RESIDING AT AISWARYA, KANHIRODE P.O.,
PIN-670 592, KANNUR DISTRICT.
3 ANUSHMA.P., AGED 30 YEARS
W/O.YUDHIN SUDHAKARAN, U.P.S.T. KADACHIRA HSS,
KADACHIRA P.O., PIN-670 621, RESIDING AT KRISHNA
NIVAS, BEHIND SN COLLEGE, THOTTADA P.O., PIN-670 007,
KANNUR DISTRICT.
4 APARNA.M., AGED 33 YEARS
W/O.SHAJI.C., U.P.S.T., KADACHIRA HSS,
KADACHIRA P.O., PIN-670 621, RESIDING AT
MATTEMMAL HOUSE, AYITHARA, MAMBRAM,
KOOTHUPARAMBA-670 643, KANNUR DISTRICT.
BY ADV DINESH KUMAR K.
RESPONDENTS :-
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO THE GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT,
THIRUVANANTHAPURAM-695 001.
WP(C) Nos.11568 & 11588 OF 2021
-: 3 :-
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHI, THIRUVANANTHAPURAM-695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
KANNUR-670 001.
4 THE DISTRICT EDUCATIONAL OFFICER,
KANNUR-670 001.
5 THE MANAGER, KADACHIRA HIGHER SECONDARY SCHOOL,
KADACHIRA P.O., PIN-670 621, KANNUR DISTRICT.
SRI. T. RAJASEKHARAN NAIR- SR. G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
22.07.2021, ALONG WITH WP(C).11568/2021, THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C) Nos.11568 & 11588 OF 2021
-: 4 :-
JUDGMENT
[WP(C) Nos.11568/2021 and 11588/2021]
Dated this the 22nd day of July, 2021
These writ petitions are filed seeking directions to the DEO to
approve the appointment of the petitioners from the initial date of
appointment and to sanction and disburse salary, arrears and
attendant benefits on such approval.
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 pursuant to the Government Order, G.O.(P)No.4/2021/G.Edn.
dated 6.2.2021, the proposals for approval of appointment of the
petitioners as UPSTs during the academic year 2016-17 are liable to
be reconsidered. It is submitted that in W.P.(C) No.11568/2021, the
proposals which have been resubmitted are Exts.P12 to P14 while in
W.P.(C) No.11588/2021, the revised proposals are Exts.P13 to P16.
These writ petitions are, therefore, disposed of with a
direction to the 4th respondent, DEO to take up the proposals
resubmitted by the 5th respondent, Manager and to pass orders on the
proposals in the light of the Government Order dated 6.2.2021 and
WP(C) Nos.11568 & 11588 OF 2021
the circular dated 26.2.2021. Orders shall be passed within a period
of six weeks from the date of receipt of a copy of this judgment.
Sd/-
ANU SIVARAMAN
JUDGE
Jvt/26.7.2021
WP(C) Nos.11568 & 11588 OF 2021
APPENDIX OF WP(C) 11588/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE APPOINTMENT ORDER DATED
14.07.2016 ISSUED BY THE 5TH RESPONDENT TO THE 1ST
PETITIONER.
Exhibit P2 A TRUE COPY OF THE ORDER NO.B2/2291/19/K.DIS DATED
31.10.2019 ISSUED BY THE 3RD RESPONDENT.
Exhibit P3 A TRUE COPY OF THE ORDER NO.B2/18709/2020 DATED
27.11.2020 ISSUED BY THE 4TH RESPONDENT TO THE 1ST
PETITIONER.
Exhibit P4 A TRUE COPY OF THE APPOINTMENT ORDER DATED
06.06.2019 ISSUED BY THE 5TH RESPONDENT TO THE 2ND
PETITINER.
Exhibit P5 A TRUE COPY OF THE ORDER NO.B2/18710/2020 DATED
27.11.2020 ISSUED BY THE DEO, KANNUR TO THE 5TH
RESPONDENT MANAGER.
Exhibit P6 A TRUE COPY OF THE APPOINTMENT ORDER DATED
04.07.2019 ISSUED BY THE 5TH RESPONDENT TO THE 3RD
PETITIONER.
Exhibit P7 A TRUE COPY OF THE ORDER NO.B2/210076/2020 DATED
23.06.2020 OF THE 3RD RESPONDENT DDE.
Exhibit P8 A TRUE COPY OF THE APPOINTMENT ORDER DATED
04.07.2019 ISSUED BY THE 5TH RESPONDENT TO THE 4TH
PETITIONER.
Exhibit P9 A TRUE COPY OF THE ORDER NO.B2/210077/2020 DATED
23.06.2020 ISSUED BY THE 3RD RESPONDENT.
Exhibit P10 A TRUE COPY OF THE GO(MS) NO.58/2021/G.EDN DATED
12.02.2021 ISSUED BY THE 1ST RESPONDENT.
WP(C) Nos.11568 & 11588 OF 2021
Exhibit P11 A TRUE COPY OF THE GO(P) NO.4/2021/G.EDN. DATED
06.02.2021 ISSUED BY THE 1ST RESPONDENT.
Exhibit P12 A TRUE COPY OF THE CIRCULAR NO.H2/19500/2019/DGE
DATED 26.02.2021 ISSUED BY THE 2ND RESPONDENT.
Exhibit P13 A TRUE COPY OF THE APPLICATION SUBMITTED FOR
APPROVAL OF APPOINTMENT OF THE 1ST PETITIONER
THROUGH SAMANYA PORTAL.
Exhibit P14 A TRUE COPY OF THE APPLICATION SUBMITTED FOR
APPROVAL OF APPOINTMENT OF THE 2ND PETITIONER
THROUGH SAMANYA PORTAL.
Exhibit P15 A TRUE COPY OF THE APPLICATION SUBMITTED FOR
APPROVAL OF APPOINTMENT OF THE 3RD PETITIONER
THROUGH SAMANYA PORTAL.
Exhibit P16 A TRUE COPY OF THE APPLICATION SUBMITTED FOR
APPROVAL OF APPOINTMENT OF THE 4TH PETITIONER
THROUGH SAMANYA PORTAL.
Exhibit P17 A TRUE COPY OF THE GO(RT) NO.1454/2021/G.EDN.
DATED 12.02.2021 ISSUED BY THE 1ST RESPONDENT.
WP(C) Nos.11568 & 11588 OF 2021
APPENDIX OF WP(C) 11568/2021
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE APPOINTMENT ORDER DATED
14.07.2016 ISSUED BY THE 5TH RESPONDENT TO THE 1ST
PETITIONER.
Exhibit P2. A TRUE COPY OF THE ORDER OF B2/3533/2016/K.DIS
DATED 28.2.2017 ISSEUD BY THE 4TH RESPONDENT DEO
TO THE 1ST PETITIONER.
Exhibit P3. A TRUE COPY OF THE ORDER NO. B4/5497/2017/K.DIS.
DATED 3.7.2017 ISSUED BY THE 3RD RESPONDENT TO THE
1ST PETITIONER.
Exhibit P4 A TRUE COPY OF THE COMMUNICATION NO.
EM(4)96364/17/DPI DATED 01.06.2019 ISSUED BY THE
2ND RESPONDENT.
Exhibit P5 A TRUE COPY OF THE ORDER NO. B2/210079/2020 DATED
23.6.2020 ISSUED BY THE DDE, KANNUR TO THE 1ST
PETITIONER.
Exhibit P6 A TRUE COPY OF THE APPOINTMENT ORDER DATED
6.6.2019 ISSUED BY THE 5TH RESPONDENT TO THE 1ST
PETITIONER.
Exhibit P7 A TRUE COPY OF THE APPOINTMENT ORDER ISSUD TO THE
2ND PETITIONER DATED 22.01.2019 BY THE 5TH
RESPONDENT.
Exhibit P8 A TRUE COPY OF THE ORDER NO. B2/794/19/K.DIS.
DATED 30.10.2019 OF THE 3RD RESPONDENT DDE TO THE
2ND PETITITIONER.
Exhibit P9 A TRUE COPY OF THE ORDER NO B2/187111/2020 DATED
27.11.2020 ISSUED BY THE DEO TO THE 2ND
PETITIONER.
WP(C) Nos.11568 & 11588 OF 2021
Exhibit P10 A TRUE COPY OF THE G.O.(P) NO. 4/2021 /G.EDN.
DATED 06.02.2021 ISSSUD BY THE 1ST RESPONDENT.
Exhibit P11 A TRUE COPY OF THE CIRCULAR NO. HS/19500/2010/DGE
DATED 26.2.2021 ISSUED BY THE 2ND RESPONDENT.
Exhibit P12 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE
5TH RESPONDENT FOR APPROVAL OF APPOINTMENT OF THE
1ST PETITIONER AS U.P.S.T THROUGH SAMANYA PORTAL.
Exhibit P13 A TRUE COPY OF THE APPLICATION SUBMITTED BY THE
5TH RESPONDENT THORUGH SAMANYA PORTAL I RESPECT OF
THE 1ST PETITIONER AS HST (MATHS).
Exhibit P14 A TRUE COPY OF THE APPLICATION SUBMITTED FOR
APPROVAL OF APPOINTMENT OF THE 2ND PETITIONER AS
HST ENGLISH) THROUGH SAMANYA PORTAL.
Exhibit P15 A TRUE COPY OF THE G.O.(RT) NO. 1454/2021/G.EDN.
DATED 12.2.2021 ISSUED BY THE 1ST RESPONDENT.
