Prameela Thattarackal vs The State Of Kerala
2021 Latest Caselaw 10687 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.8329 OF 2021(M)


PETITIONER:

               PRAMEELA THATTARACKAL
               AGED 54 YEARS
               H.S.S.T.(JR.) MALAYALAM,
               ANJARAKANDY HIGHER SECONDARY SCHOOL,
               P.O.MAMBA, KANNUR - 670 611.

               BY ADVS.
               SRI.JOSHI N.THOMAS
               KUM.ALEENA JOLLY

RESPONDENTS:

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

      2        THE DIRECTOR OF GENERAL EDUCATION
               DIRECTORATE OF GENERAL EDUCATION (HIGHER SECONDARY
               WING), HOUSING BOARD BUILDING,
               THIRUVANANTHAPURAM - 695 001.

      3        THE REGIONAL DEPUTY DIRECTOR
               HIGHER SECONDARY EDUCATION, THAVAKKARA P.O.,
               KANNUR - 670 002.

      4        THE MANAGER,
               ANJARAKANDY HIGHER SECONDARY SCHOOL
               P.O.MAMBA, KANNUR - 670 611.

               SMT.NISHA BOSE (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.8329 OF 2021

                                          2


                                  JUDGMENT

Dated this the 30th day of March 2021

This writ petition is filed seeking the following reliefs :-

"i) Issue a writ of certiorari or other appropriate writ or order or direction calling for records lending to Ext.P-3 order issued by the 2nd respondent and quashing the same.

ii) Issue a writ of certiorari or any other appropriate writ, order or direction calling for records lending to Ext.P-2 order issued by the 3rd respondent and quashing the same.

iii) Issue a writ of Mandamus or any other appropriate writ, order or direction commanding the respondents to approve the appointment of the petitioner in the post of HSST(Jr) in Malayalam w.e.f. 07.06.2019 and to grant all benefits.

iv) Issue a writ of Mandamus or any other appropriate writ, order or direction commanding the 1 st respondent to consider and pass orders on Ext.P-4 Revision Petition with in a time stipulated by this Hon'ble Court.

v) Issue a writ of Mandamus or any other appropriate writ, order or direction commanding the respondents to pay the salary of the petitioners at least in the pay scale in the post of HST till the approval of HSST(Jr)."

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

against the rejection of approval of appointment to the petitioner as

HSST (Jr) in Malayalam, the petitioner has preferred Ext.P4 revision

petition before the Government. It is submitted that the petitioner, WP(C).No.8329 OF 2021

being an approved High School Teacher, is entitled to the pay attached

to the post of HST even while Ext.P4 revision petition is pending.

4. It is submitted by the learned Government Pleader that the pay

in the lower post can be paid only if the post is in existence and has

not been duly filled up by the Manager.

In the above view of the matter, this writ petition is disposed of

with a direction to the 1st respondent to take up, consider and pass

orders on Ext.P4 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 through video

conferencing, within a period of three months from the date of receipt

of a copy of this judgment. In the meanwhile, on the strength of the

approved appointment of the petitioner as HST, pay of HST shall be

released to the petitioner, in case the post of HST against which she

was working is in existence.

Sd/-

ANU SIVARAMAN JUDGE NP WP(C).No.8329 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF APPOINTMENT ORDER DATED 07/06/2019 ISSUED BY THE 4TH RESPONDENT APPOINTING THE PETITIONER AS H.S.S.T. (JUNIOR) MALAYALAM.

EXHIBIT P2 TRUE COPY OF ORDER NO.A7/5493/2019 DATED 05/11/2019 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P3 TRUE COPY OF ORDER NO.ACD-

A1/166410/2019/HSE DATED 26/08/2020 ISSUED BY THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 23/10/2020.

EXHIBIT P5 TRUE COPY OF LETTER NO.LR.NO.48885/T1/2002 EDN. DTD. 10/12/2002 ISSUED BY THE 1ST RESPONDENT.

EXHIBIT P6 TRUE COPY OF JUDGMENT DATED 03/11/2020 IN WP(C) 21701/2020 OF THIS HON'BLE COURT.

EXHIBIT P7 TRUE COPY OF ORDER NO.332/T2/2020 G.EDN.

DATED 20/01/2021 THIRUVANANTHAPURAM ISSUED BY THE 1ST RESPONDENT.

RESPONDENT'S/S EXHIBITS: NIL