P.A.Raseena Thasneem vs The State Of Kerala
2021 Latest Caselaw 15845 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
        FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
                        WP(C) NO. 15264 OF 2021
PETITIONER:

           P.A.RASEENA THASNEEM,
           AGED 30 YEARS
           W/O. M.B. ANAS, HSA (ARABIC), JAMA-ATH HSS, THANDAKAD,
           PERUMBAVOOR, ERNAKULAM DISTRICT-683547.

           BY ADVS.
           V.A.MUHAMMED
           M.SAJJAD



RESPONDENTS:

    1      THE STATE OF KERALA,
           RWEPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
           EDUCATION DEPARTMENT, SECRETARIAT ANNEX II,
           THIRUVANANTHAPURAM-695001.

    2      THE DIRECTOR OF GENERAL EDUCATION,
           JAGATHY, THIRUVANANTHAPURAM-695014.

    3      THE DEPUTY DIRECTOR OF EDUCATION,
           KAKKANAD @ ERNAKULAM-682030.

    4      THE DISTRICT EDUCATIONAL OFFICER,
           KOTHAMANGALAM, ERNAKULAM DISTRICT-686691.

    5      THE MANAGER,
           JAMA-ATH HSS, THANDAKAD, PERUMBAVOOR,
           ERNAKULAM DISTRICT-683547.




           SRI. BIJOY CHANDRAN-SR. G.P.


    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 15264 OF 2021

                                           2


                                     JUDGMENT

This writ petition is filed seeking the following reliefs :-

"i) call for the records relating to Exhibits P3, P4, P5 and P6 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 P2 appointment in view of the declaration furnished by the Manager as per Exhibit P7.

iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 1 st respondent to take a decision on Exhibit P8 with notice to the petitioner and in a time bound manner."

2. Heard the learned counsel for the petitioner and the learned

Government Pleader.

3. It is submitted that the petitioner was appointed as HSA

(Arabic) from 01.06.2016 against an anticipated division vacancy. It is

submitted that the approval was declined on the ground that the

vacancy ought to have been filled up by appointing a protected teacher

in the ratio 1:1. It is submitted that though the matter was taken in

appeal and revision, no action had been taken on the same. It is

submitted that pursuant to the Government order dated 06.02.2021, the

Manager had submitted a declaration agreeing to effect appointments of WP(C) NO. 15264 OF 2021

protected teachers as provided in the said Government order. However,

even thereafter, no steps have been taken to approve the petitioner's

appointment. It is submitted that Ext.P8 revision petition has been

preferred by the petitioner before the Government on the strength of

the Government order dated 06.02.2021 and the petitioner seeks a

consideration thereof.

Having heard the learned Government Pleader also, there will be a

direction to the 1st respondent to take up, consider and pass orders on

Ext.P8 revision petition 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 SVP WP(C) NO. 15264 OF 2021

APPENDIX OF WP(C) 15264/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER VIDE LETER OF THE MANAGER ADDRESSING THE PETITIONER DATED 01/06/2016.

Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01/06/2016.

Exhibit P3 TRUE COPY OF THE ORDER NO. B3-

4027/2016/K.DIS DATED 05/09/2016 OF THE DEO, KOTHAMANGALAM.

Exhibit P4 TRUE COPY OF THE ORDER NO. B4-

20734/16/DDE/K.DIS. DATED 20/07/2017 OF THE DDE. ERNAKULAM.

Exhibit P5 TRUE COPY OF THE LETTER NO. DPI/509/2019-

EC2 OF THE DIRECTOR ADDRESSING THE MANAGER DATED 02/02/2019.

Exhibit P6 TRUE COPY OF THE ORDER NO.

EC(2)/89091/2018/DPI DATED 27/07/2019 OF THE DIRECTOR.

Exhibit P7 TRUE COPY OF THE GO(RT) NO.4/2021/G.EDN.

DATED 06/02/2021.

Exhibit P8 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 01/07/2021.

Exhibit P9 TRUE COPY OF THE JUDGMENT IN WPC NO.35993/2008 DATED 21/12/2009.

Exhibit P10 TRUE COPY OF THE ORDER OF THE DIRECTOR NO.

EM1-9889/08/DPI/K.DIS DATED 22/04/2008.