Sheeba .V vs The Director
2021 Latest Caselaw 7440 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   WEDNESDAY, THE 03RD DAY OF MARCH 2021 / 12TH PHALGUNA, 1942

                       WP(C).No.1122 OF 2021(M)


PETITIONER:

               SHEEBA .V
               W/O. SURESH KUMAR, AGED 46 YEARS, SIVA SARANYA,
               EDAVACODU, SREEKARIAM P.O, THIRUVANANTHAPURAM
               DISTRICT, PIN-695 017, (SPECIAL EDUCATORT, ICCONS
               THURUVICKAL P.O, PULAYANARKOTTA,
               THIRUVANANTHAPURAM-695 011)

               BY ADVS.
               SRI.K.SIJU
               SRI.S.ABHILASH
               SMT.ANJANA KANNATH

RESPONDENTS:

      1        THE DIRECTOR
               INSTITUTE OF COMMUNICATIVE AND COGNITIVE NEURO
               SCIENCES, NEAR CHEST HOSPITAL, THURUVICKAL P.O,
               PULAYANARKOTTA, THIRUVANANTHAPURAM-695 011.

      2        STATE OF KERALA,
               REPRESENTED BY ITS SECRETARY, HEALTH AND FAMILY
               WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695 001

               R1 BY GOVERNMENT PLEADER

               NISHA BOSE SR GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.1122 OF 2021(M)                2




                                   JUDGMENT

Dated this the 3rd day of March 2021

This writ petition is filed seeking the following reliefs:

i) Issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents to take immediate steps to regularize the service of the petitioner as Special Educator/teacher under the 1 st respondent with all consequential benefits.

ii) To direct the 1st respondent to grant salary to the petitioner by adopting the scale of pay of regularized teachers.

iii) Declare that the petitioner is entitled for regularization of her as Special Educator/teacher under the 1 st respondent form the date of her appointment.

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 had been working as teacher in Special Education in the

Institute of Communicative and Cognitive Neuro Sciences,

Puliyanarkotta, Thiruvananthapuram since 01.10.2003. She had

submitted representations seeking regularization of her services. It is

submitted that the petitioner's request for regularization had been

rejected by Exts.P3 and P4. However, by Ext.P5, several similarly

situated employees having more than 10 years of service have been

regularized pursuant to Ext.P5 order of the Government dated 3.3.2014.

The petitioner's case was again forwarded through Ext.P6 proposal by

the 1st respondent, but the same has not been considered so far.

4. It is submitted by the learned Government Pleader, on

instructions, that the request made by the petitioner for regularization

of services is being actively considered by the Government on the basis

of Ext.P6 recommendation forwarded by the 1st respondent.

In view of the above submissions, I am of the opinion that the

writ petition can be disposed of directing a consideration of Ext.P6

recommendation issued by the 1 st respondent. There will, accordingly,

be a direction to the 2nd respondent to take up, consider and pass

orders on Ext.P6 recommendation of the 1 st respondent, 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 SVP

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 THE COPY OF CERTIFICATE ISSUED BY THE ADMINISTRATIVE OFFICER OF THE ICCONS DATED 21.4.2020 TO THE PETITIONER.

EXHIBIT P2 A TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 7.11.2016.

EXHIBIT P3 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 1ST RESPONDENT DATED 24.11.2016 TO THE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE COMMUNICATION ISSUED BY THE GOVERNMENT DATED 29.7.2016 TO THE 1ST RESPONDENT.

EXHIBIT P5 A TRUE COPY OF THE ORDER G.O(MS) NO.

71/2014/H&FWD DATED 03.03.2014 ISSUED BY THE GOVERNMENT.

EXHIBIT P6 THE COPY OF PROPOSAL MADE BY THE DIRECTOR, ICCONS DATED 20.09.2017.