Suraja.V.P. vs Director Of General Education
2021 Latest Caselaw 10411 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                           PRESENT

          THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   FRIDAY, THE 26TH DAY OF MARCH 2021 / 5TH CHAITHRA, 1943

                   WP(C).No.7958 OF 2021(T)

PETITIONER :-

            SURAJA.V.P., AGED 55 YEARS, W/O.HARIDASAN,
            HSA (SS), RAHMANIYA HIGH SCHOOL, AYANCHERI,
            KOZHIKODE - 673 541.

            BY ADV. SRI.R.K.MURALEEDHARAN


RESPONDENTS :-

      1     DIRECTOR OF GENERAL EDUCATION
            JAGATHI, THIRUVANANTHAPURAM - 695 014.

      2     THE DISTRICT EDUCATIONAL OFFICER,
            VATAKARA, KOZHIKODE DISTRICT - 673 004.

      3     THE MANAGER,
            RAHMANIYA HIGH SCHOOL, AYANCHERI,
            KOZHIKODE - 673 541.

            BY SMT.NISHA BOSE, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 26.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C).No.7958 OF 2021(T)

                                       -: 2 :-


                                   JUDGMENT

Dated this the 26th day of March, 2021

This writ petition is filed seeking the following reliefs :-

"(i) issue a writ of certiorari or any other appropriate writ, order or direction quashing Ext.P3 order dated 26.06.2019 and Ext.P4 order dated 27.03.2020.

(ii) issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2nd respondent to revise the staff fixation of the school for the year 2015-16 vide Ext.P2 and to sanction the 13th post of HSA (SS) and to appoint the petitioner in the aforesaid post or in the alternative.

(iii) Direct the 1st respondent to consider and pass appropriate orders on Ext.P6 revision after hearing the petitioner within a time frame to be fixed by this Hon'ble Court."

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 UPSA and her appointment was

duly approved. She was deployed to the Government school on

reduction of posts and was repatriated to the parent school in the

year 2015-16. However, the petitioner's appointment as HSA in the

academic year 2015-16 was not approved by Exts.P3 and P4 orders.

The petitioner has preferred Ext.P6 revision petition before the 1 st

respondent as against Exts.P3 and P4.

4. Having heard the learned Government Pleader also, I am of

the opinion that Ext.P6 revision petition is liable to be considered in

accordance with law.

WP(C).No.7958 OF 2021(T)

There will, accordingly, 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 two months from the date of receipt

of a copy of this judgment.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/6.3.2021 WP(C).No.7958 OF 2021(T)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE RELEVANT PAGE OF THE ORDER DATED 03.06.2015.

EXHIBIT P2 A TRUE COPY OF THE STAFF FIXATION ORDER OF THE SCHOOL FOR THE YEAR 2015-16 DATED 03.05.2016.

EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 26.06.2019.

EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 27.03.2020.

EXHIBIT P5 A TRUE COPY OF THE APPOINTMENT ORDER DATED 12.06.2018 APPOINTING THE PETITIONER AS HSA (SS).

EXHIBIT P6 A TRUE COPY OF THE REVISION PETITION DATED 13.02.2021 FILED BEFORE THE 1ST RESPONDENT EXCLUDING ANNEXURES.

//TRUE COPY//

P.A. TO JUDGE