Kerala High Court
Beevi Sumayya P.A vs The State Of Kerala on 23 July, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 23RD DAY OF JULY 2021 / 1ST SRAVANA, 1943
WP(C) NO. 11483 OF 2021
PETITIONER :-
BEEVI SUMAYYA P.A., AGED 31 YEARS
D/O.P.ABDULLA, UPPER PRIMARY SCHOOL TEACHER,
VALLIAD UP SCHOOL, P.O.VALLIAD,
KOZHIKODE DISTRICT-673 542.
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 DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695 014.
3 THE ASSISTANT EDUCATIONAL OFFICER,
THODANNUR, KOZHIKODE DISTRICT-673 541.
4 THE MANAGER,
VALLIAD U P SCHOOL, P.O. VALLIAD,
KOZHIKODE DISTRICT-673 542.
5 THE HEADMASTER,
VALLIAD U P SCHOOL, P.O. VALLIAD,
KOZHIKODE DISTRICT-673 542.
SRI. BIJOY CHANDRAN - SR. G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 11483 OF 2021
-: 2 :-
JUDGMENT
Dated this the 23rd day of July, 2021
This writ petition is filed seeking the following reliefs :-
"(i) Call for the records relating to Exhibit P4 and set aside the
original of the same to the extent it denied salary from 01-
06-2017 to 18-10-2020 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 Respondents to disburse the pay
and allowances due to the Petitioner from 01.06.2017
onwards, forthwith.
(iii) Issue a writ of mandamus or other appropriate writ order or
direction commanding the 1st Respondent to consider and
pass appropriate orders upon Exhibit P6 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 UPST in the 4 th respondent's
school on 1.6.2017 against a promotion vacancy. The appointment
has also been approved. However, the salary has been limited from
19.10.2020, the date on which the Manager has submitted a
declaration. It is submitted that the said order is completely
WP(C) NO. 11483 OF 2021
unsustainable and that the petitioner has preferrred Ext.P6 revision
before the Government and seeks a consideration of the same.
Having heard the learned Government Pleader also, there
will be a direction to the 1 st respondent to take up, consider and pass
orders on Ext.P6 revision petition, with notice to the petitioner as
well as the Manager and after hearing them through any appropriate
means, including through video conferencing, within a period of three
months from the date of receipt of a copy of this judgment. The
petitioner shall produce a copy of the writ petition along with a copy
of this judgment before the 1st respondent for compliance.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
Jvt/26.7.2021
WP(C) NO. 11483 OF 2021
APPENDIX OF WP(C) 11483/2021
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER DATED 1.6.2017.
Exhibit P2 TRUE COPY OF THE ORDER NO.K.DIS/D/4762/17 DATED
29.3.2019 OF THE AEO, THODANNUR.
Exhibit P3 TRUE COPY OF THE DECLARATION OF THE MANAGER DATED
19.10.2020.
Exhibit P3(a) TRUE COPY OF THE CIRCULAR NO.J2/21/21/2020/G.EDN.
DATED 9.10.2020 OF THE GOVERNMENT.
Exhibit P4 TRUE COPY OF THE ORDER NO.D/6339/2020 DATED
16.3.2021 OF THE 3RD RESPONDENT.
Exhibit P5 TRUE COPY OF THE DECISION REPORTED IN 2011 (3)
KLT 790 DECIDED ON 4TH AUGUST 2011.
Exhibit P6 TRUE COPY OF THE REVISION PETITION FILED BEFORE
THE GOVERNMENT DATED 9.4.2021 (WITHOUT EXHIBITS).
