Kerala High Court
Priya P M vs State Of Kerala on 23 June, 2021
WP(C) NO. 12566 OF 2021
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 23RD DAY OF JUNE 2021 / 2ND ASHADHA, 1943
WP(C) NO. 12566 OF 2021
PETITIONER:
PRIYA P M, AGED 40 YEARS, UPST KAVUMBHAGAM SOUTH
UP SCHOOL, KANNUR DIST., PIN 670649
BY ADV POOVAMULLE PARAMBIL ABDULKAREEM
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY
TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM
695001
2 DIRECTOR OF GENERAL EDUCATION, JAGATHI,
THIRUVANATHAPURAM 695014
3 THE ASSISTANT EDUCATIONAL OFFICER,
THALLASSERY NORTH, KANNUR DISTRICT 670101
4 THE MANAGER, KAVUMBHAGAM SOUTH UP SCHOOL, PO
KAVUMBHAGAM, PO 670649
OTHER PRESENT:
SRI. T. RAJASEKHARAN NAIR- SR. G.P.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.06.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 12566 OF 2021
2
JUDGMENT
This writ petition is filed seeking the following reliefs:
(1) To issue a writ of mandamus or another appropriate writ,
order or direction, directing the 1st respondent to consider
and pass orders from Ext.P6 revision as expeditiously as
possible.
(2) To issue a writ of certiorari to quash Ext.P4 and to the
extent of denial of approval on scale of pay in Ext.P1
appointment order, as they are illegal and unjustifiable.
(3) To issue a writ of mandamus or any other appropriate
writ, order or direction directing the 3rd respondent to
approve the appointment of the petitioner as LPST on
scale of pay with effect from 01/06/2020 onwards and to
disburse all consequential benefits to her forthwith.
(4) To declare that the petitioner is entitled to get approval as
LPST on scale of pay from the academic year 2020-21
onwards as the total effective strength is increased to 114
which is sufficient to grant approval on scale of pay to the
petitioner.
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 working as UPST in the Kavumbhagam South UP
School pursuant to an appointment with effect from 12.06.2018. It is
submitted that the appointment has been rejected by Ext.P4. It is stated
in Ext.P4 that the petitioner was appointed at a time when the school
WP(C) NO. 12566 OF 2021
was uneconomic and that the staff fixation for the year 2020-21 has not
been carried out. It is submitted that aggrieved by Ext.P4 order of
rejection of approval, the petitioner has approached the Government
with Ext.P6 revision petition and seeks a consideration of the same.
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.P6 revision petition with notice to the petitioner as well as the
Manager and after hearing them through any appropriate means
including video conferencing. Orders shall be passed at the earliest, at
any rate, within a period of four 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. 12566 OF 2021
APPENDIX
ANNEXURE/EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE APPOINTMENT ORDER DATED 12.6.2018
ISSUED BY THE 4TH RESPONDENT
EXHIBIT P2 A TRUE COPY OF THE ORDER NO.G4/7549/2020/DGE/K.DIS
DATED 19/01/2021 ISSUED BY 2ND RESPONDENT
EXHIBIT P3 A TRUE COPY OF THE REPRESNTATION DATED 23/04/2021
SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT
EXHIBIT P4 A TRUE COPY OF THE ORDER NO.NIL DATED 05/05/2021
ISSUED BY THE 3RD RESPONDENT
EXHIBIT P5 A TRUE COPY OF THE STATEMENT DATED 26/05/2021 ISSUED
BY THE HEADMISTRESS OF THE SCHOOL
EXHIBIT P6 A TURE COPY OF THE REVISION PETITION DATED 01/06/2021
SUBMITTED BY THE PETITIONER
