Citation : 2021 Latest Caselaw 10129 Ker
Judgement Date : 25 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943
WP(C).No.7743 OF 2021(P)
PETITIONER:
JYOTHI M.,
AGED 43 YEARS
D/O. C. GANGADHARAN NAMBIAR
MANGATTU HOUSE, NIRAMARUTHUR P.O.,
TIRUR TALUK, MALAPPURAM DISTRICT.
BY ADV. SRI.C.M.MOHAMMED IQUABAL
RESPONDENTS:
1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN-695001
2. THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN-695001
3. THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE
DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM, MALAPPURAM
P.O., PIN-676505
4. THE DISTRICT EDUCATIONAL OFFICER, TIRUR, TIRUR P.O.,
MALAPPURAM DISTRICT, PIN-676101
5. THE HEADMISTRESS, NAVAMUKUNDA HIGHER SECONDARY
SCHOOL, THIRUNAVAYA, THIRUNAVAYA P.O., TIRUR TALUK,
MALAPPURAM DISTRICT, PIN-676301
6. THE MANAGER, NAVAMUKUNDA HIGHER SECONDARY SCHOOL,
THIRUNAVAYA, THIRUNAVAYA P.O., TIRUR TALUK,
MALAPPURAM DISTRICT, PIN-676301
SR GP NISHA BOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.7743 OF 2021(P)
2
JUDGMENT
Dated this the 25th day of March 2021
This writ petition is filed seeking the following relief:-
(i) Issue a Writ of Mandamus or any other appropriate writ, order or direction directing the 2nd respondent to consider and pass appropriate orders on Ext.P9 revision petition, within a time stipulated by this Hon'ble Court.
2. Heard the learned counsel for the petitioner and the
learned Government Pleader.
3. It is submitted that the petitioner was appointed as
UPSA(LS) in the 6th respondent's school from 03.06.2013 and she
worked till 13.07.2014. On 14.07.2014, she was appointed as
HSST Junior and the appointment was approved. Later, the
appointment as HSA was approved by Ext.P5 order from
22.07.2013 to 31.03.2014 on daily wages. Though, appeal was
preferred seeking approval on the scale of pay, the same was WP(C).No.7743 OF 2021(P)
dismissed. The petitioner has preferred Ext.P9 revision petition
before the Government and seeks a consideration of the same.
4. Having heard the learned Government Pleader also,
there will be a direction to the 2 nd respondent to take up,
consider and pass appropriate orders on Ext. P9 revision petition.
Orders shall be passed within a period of three months from the
date of receipt of the copy of this judgment, after hearing the
petitioner as well as the Manager, through any appropriate
means, including video conferencing. In case the appointment is
found liable to be approved, monetary benefits shall also be
disbursed within a period of three months thereafter.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
ssa WP(C).No.7743 OF 2021(P)
APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE CERTIFICATE OF THE PETITIONER IN BACHELOR OF SCIENCE ISSUED BY THE CALICUT UNIVERSITY DATED 21.07.1999
EXHIBIT P2 THE TRUE COPY OF THE B.ED CERTIFICATE OF THE PETITIONER ISSUED BY THE CALICUT UNIVERSITY DATED 17.04.2004
EXHIBIT P3 THE TRUE COPY OF APPOINTMENT OF THE PETITIONER DATED 03.06.2013
EXHIBIT P4 THE TRUE COPY OF THE PROCEEDING OF THE REGIONAL DEPUTY DIRECTOR, MALAPPURAM DATED 26.03.2015
EXHIBIT P5 THE TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 28.10.2020
EXHIBIT P6 THE TRUE COPY OF APPEAL PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 11.11.2020
EXHIBIT P7 THE TRUE COPY OF THE JUDGMENT IN W.P.
(C)NO.25982/2020 OF THIS HON'BLE COURT DATED 25.11.2020
EXHIBIT P8 THE TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 27.02.2021
EXHIBIT P9 THE TRUE COPY OF THE REVISION PETITION PREFERRED BEFORE THE 2ND RESPONDENT DATED 08.03.2021
//TRUE COPY//
P.A TO JUDGE
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