Sumayyath I.P vs The State Of Kerala
2021 Latest Caselaw 10686 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     TUESDAY, THE 30TH DAY OF MARCH 2021 / 9TH CHAITHRA, 1943

                       WP(C).No.8362 OF 2021(U)


PETITIONER:

               SUMAYYATH I.P
               AGED 36 YEARS, WIFE OF SAMEER ANNASSERY,
               UPPER PRIMARY SCHOOL ASSISTANT,
               M M M HIGHER SECONDARY SCHOOL, KUTTAYI,
               MALAPPURAM DISTRICT-676 562

               BY ADVS.
               SRI.V.A.MUHAMMED
               SRI.M.SAJJAD

RESPONDENTS:

      1        THE STATE OF KERALA
               REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
               GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
               THIRUVANANTHAPURAM-695 001

      2        THE DEPUTY DIRECTOR OF EDUCATION
               DOWN HILL , MALAPPURAM-676 519

      3        THE DISTRICT EDUCATIONAL OFFICER,
               TIRUR, MALAPPURAM DISTRICT-676 101

      4        THE MANAGER,
               M M M HIGHER SECONDARY SCHOOL, KUTTAYI,
               MALAPPURAM DISTRICT-676 562

      5        THE PRINCIPAL
               M M M HIGHER SECONDARY SCHOOL, KUTTAYI,
               MALAPPURAM DISTRICT-676 562

               SRI. T. RAJASEKHARAN NAIR (SR. GP)

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8362 OF 2021

                                         2



                                 JUDGMENT

Dated this the 30th day of March 2021

This writ petition is filed seeking the following reliefs :-

"i) call for the records relating to Exhibits P-4, P-6 and P-7 and set aside the originals of the same by the issue of a writ of certiorari or other appropriate writ, order or direction.

ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 3rd Respondent to grant approval to Exhibits P-1 and P-5 forthwith.

iii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 1 st Respondent to consider and pass appropriate orders upon Exhibit P-10 after affording an opportunity of being heard to the Petitioner within a time limit."

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 against a promotion vacancy from

12.06.2018. It is submitted that the approval for the appointment was

declined by the DEO and the DDE against which the petitioner has

approached the Government with Ext.P10. WP(C).No.8362 OF 2021

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

opinion that since Ext.P10 representation has been preferred by the

petitioner before the Government, the same is liable to be treated as a

revision petition under Rule 92, Chapter XIV A, KER and considered

and disposed of in accordance with law.

5. There will, accordingly, be a direction to the 1 st respondent to

take up, consider and pass orders on Ext.P10 representation preferred

by the petitioner, 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 three months from the

date of receipt of a copy of this judgment. In case the petitioner's

appointment is found liable to be approved, the monetary benefits

shall also be released to the petitioner within a period of three months

thereafter.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.8362 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 12.06.2018, ALONG WITH TYPED COPY

EXHIBIT P2 TRUE COPY OF THE G.O(P) NO.3/2019/G.EDN DATED 28.02.2019 OF THE GOVT.

EXHIBIT P3 TRUE COPY OF THE CIRCULAR NO.J2/57/2019/ G.EDN DATED 08.03.2019 OF THE GOVT

EXHIBIT P4 TRUE COPY OF THE ORDER NO.B1/4240/18/K.DIS DATED 14.08.2018 OF THE DEO, TIRUR

EXHIBIT P5 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 18.07.2016

EXHIBIT P6 TRUE COPY OF TE ORDER NO.B1/4590/16/K.DIS DATED 16.11.2016 OF THE DEO, TIRUR

EXHIBIT P7 TRUE COPY OF THE ORDER NO.B4/40526/2016/ K.DIS DATED 27.03.2017 OF THE DDE, MALAPPURAM

EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.15673/2018 DATED 04.07.2018 OF THIS HON'BLE COURT

EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN W.A.NO.1517/ 2018 DATED 20.05.2020 OF THIS HON'BLE COURT

EXHIBIT P10 TRUE COPY OF THE REVISION PETITION SUBMITTED BEFORE THE GOVERNMENT DATED 25.11.2019

RESPONDENT'S/S EXHIBITS: NIL