Kerala High Court
Dhanya Rani M.S vs 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. 14595 OF 2021
PETITIONER:
DHANYA RANI M.S.
AGED 33 YEARS
W/O.SREENIVAS, UPPER PRIMARY SCHOOL TEACHER,
N.S.S.H.S.S., MADAVOOR, PALLICKAL P.O.,
THIRUVANANTHAPURAM - 695 602 RESIDING AT MECHERI VEEDU,
ALATHARAMOODU, KADAKKAL P.O., KOLLAM- 691 536.
BY ADV B.MOHANLAL
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
GOVERNMENT OF KERALA, JAGATHY P.O., THIRUVANANTHAPURAM -
691 014.
3 THE DEPUTY DIRECTOR OF EDUCATION
KARAMANA P.O., THIRUVANANTHAPURAM - 695 002.
4 THE DISTRICT EDUCATIONAL OFFICER
ATTINGAL, ATTINGAL P.O., THIRUVANANTHAPURAM - 695 101.
5 THE MANAGER
N.S.S.H.S.S., MADAVOOR, PALLICKAL P.O.,
THIRUVANANTHAPURAM - 695 602.
6 SMT.VINAYA D.S.
U.P.S.T., N.S.S.H.S.S., MADAVOOR, PALLICKAL P.O.,
THIRUVANANTHAPURAM - 695 602.
OTHER PRESENT:
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. 14595 OF 2021
2
JUDGMENT
This writ petition is filed seeking the following prayers:-
"i) To call for the records leading to Ext.P2 and P3 from the
Respondents 3 and 4 and issue a writ of certiorari or other
appropriate writ, order or direction quashing Ext.P2 and P3
Orders.
ii) To issue a writ of mandamus or other appropriate writ,
order or direction commanding the Respondents to approve
the appointment of the Petitioner to the post of U.P.S.T. in the
5th Respondent Aided Management School from 06/06/2019
over and above the appointment of the 6th Respondent in the
School within a stipulated time as directed by this Hon'ble
Court.
iii) To issue a writ of mandamus or other appropriate writ,
order or direction commanding the 2nd Respondent to
consider and dispose of Ext.P6 Revision filed by the Petitioner
against Ext.P2 and P3 Orders of the Respondents 3 and 4
within a stipulated time as directed by this Hon'ble Court
after hearing the parties and approve the appointment of the
Petitioner to the post of U.P.S.T. in the 5 th Respondent Aided
Management School from 06/06/2019 over and above the
appointment of the 6th Respondent in the School.
iv) To declare that the Petitioner is entitled to get
WP(C) NO. 14595 OF 2021
Regularization of Service to the post of U.P.S.T. In the 5 th
Respondent Aided Management School from 06/06/2019 over
and above the appointment of the 6 th Respondent to the post
of U.P.S.T. In the School.
2. Heard the learned counsel for the petitioner and the
learned Government Pleader.
3. The learned counsel for the petitioner submits that
she had been appointed as U.P.S.A in the 5 th respondent's
school w.e.f 01.06.2017 in an additional division vacancy.
Approval was declined by Ext.P2. It is submitted that when a
resignation vacancy arose on 06.06.2019, the 6 th respondent
was appointed in the said vacancy. However, approval for said
appointment was also rejected. The learned counsel for the
petitioner submits that Ext.P6 revision petition has been
preferred by the petitioner before the DGE seeking approval of
her appointment from 01.06.2017 or at least against the
resignation vacancy which arose on 06.06.2019. It is submitted
by the learned counsel for the petitioner that the said revision
petition is liable to be considered, in accordance with law.
WP(C) NO. 14595 OF 2021
4. Having heard the learned Government Pleader also, I
notice that the petitioner has relied on Government Order
dated 06.02.2021 and seeks a consideration of her claim for
approval of appointment against the additional division
vacancy in terms of the said Government Order. The alternate
prayer of the petitioner for being accommodated against a
resignation vacancy, which arose on 06.06.2019, would arise
only if the petitioner's claim with regard to the additional
division vacancy, which arose on 01.06.2017, is not
acceptable.
5. In the above view of the matter, I am of the opinion
that Ext.P6 revision petition preferred by the petitioner is liable
to be considered in accordance with law. There will be a
direction to the 2nd respondent to take up, consider and pass
orders on Ext.P6 revision petition with notice to the petitioner,
5th respondent and the 6th respondent and to pass orders
thereon, in accordance with law, after hearing them through
any appropriate means including video conferencing, within a
WP(C) NO. 14595 OF 2021
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
Bng/23.07.2021
WP(C) NO. 14595 OF 2021
APPENDIX OF WP(C) 14595/2021
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE APPOINTMENT ORDER
DATED 01/06/2017 ISSUED BY THE 5TH
RESPONDENT MANAGER TO THE PETITIONER.
Exhibit P2 THE TRUE COPY OF THE ORDER
NO.B2/1222/2018/K.DIS. DATED 16/07/2018
ISSUED BY THE 4TH RESPONDENT TO THE
PETITIONER.
Exhibit P3 THE TRUE COPY OF THE ORDER
NO.B4/24141/17/L.DIS./K.DIS. DATED
16/09/2020 ISSUED BY THE 3RD RESPONDENT
TO THE PETITIONER.
Exhibit P4 THE TRUE COPY OF THE ORDER
NO.B2/12019/2019/DEO DATED 10/10/2020
ISSUED BY 4TH RESPONDENT TO THE 6TH
RESPONDENT.
Exhibit P5 THE TRUE COPY OF THE ORDER
NO.B4/213399/2021 DATED 26/04/2021 ISSUED
BY THE 3RD RESPONDENT TO THE 6TH
RESPONDENT.
Exhibit P6 THE TRUE COPY OF THE MEMORANDUM OF
REVISION DATED 09/07/2021 FILED BY THE
PETITIONER BEFORE THE 2ND RESPONDENT.
