Sija J vs State Of Kerala
2021 Latest Caselaw 7631 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    THURSDAY, THE 04TH DAY OF MARCH 2021 / 13TH PHALGUNA, 1942

                       WP(C).No.5659 OF 2021(F)


PETITIONER:

               SIJA J.
               AGED 40 YEARS
               FORMERLY WORKING AS HST, NEW HIGHER SECONDARY SCHOOL,
               NELLIMOODU R/AT LOVEDALE, KOTTAKUZHY, NELLIMOOD P.O.,
               THIRUVANANTHAPURAM - 695 524.

               BY ADV. SHRI.SURESH KUMAR KODOTH

RESPONDENTS:

      1        STATE OF KERALA,
               REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION
               DEPARTMENT, THIRUVANANTHAPURAM - 695 001.

      2        DIRECTOR OF GENERAL EDUCATION
               THIRUVANANTHAPURAM - 695 001.

      3        DEPUTY DIRECTOR OF EDUCATION
               THIRUVANANTHAPURAM - 695 036.

      4        DISTRICT EDUCATIONAL OFFICER
               NEYYATTINKARA, THIRUANANTHAPURAM - 695 121.

      5        MANAGER, NEW HIGHER SECONDARY SCHOOL
               NELLIMOODU, THIRUVANANTHAPURAM - 695 524.



               SR GP NISHA BOSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
04.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.5659 OF 2021(F)

                                        2




                                  JUDGMENT

Dated this the 4th day of March 2021

This writ petition is filed seeking the following reliefs:

i) Issue a writ of mandamus or any other appropriate writ, directing the fourth respondent to grant approval of appointment of petitioner made as per Ext.P1 with effect from 06.06.2007, in modification of the date of approval granted with effect from 01.06.2011, within a time limit and grant consequential benefits;

ii) Declare that the petitioner is entitled to have her appointment approved, with effect from the date of admitting to duty, as per Ext.P1 appointment order.

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 orders refusing to approve the appointment of the

petitioner, the petitioner has preferred Ext.P4 revision petition

before the Government which is liable to be considered in accordance

with law.

Having heard the learned Government Pleader also, there will

be a direction to the 1st respondent to take up, consider and pass WP(C).No.5659 OF 2021(F)

orders on Ext.P4 revision petition preferred by the petitioner with

notice to the petitioner as well as the Manager within a period of

three months from the date of receipt of a copy of this judgment. It is

made clear that hearing can be conducted through any appropriate

means including video conferencing before orders are passed as

directed above. Since the appointment is to an additional division

vacancy, the Manager shall be deemed to have submitted the bond as

provided under G.O.(P).No.10/10.G.Edn. dated 12.1.2010.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE SVP WP(C).No.5659 OF 2021(F)

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER DATED 6/6/2007.

EXHIBIT P2 TRUE COPY OF ORDER DATED 31/7/2008 OF FOURTH RESPONDENT.

EXHIBIT P3 TRUE COPY OF ORDER DATED 3/8/2012 OF FOURTH RESPONDENT RELIEVING PETITIONER.

EXHIBIT P4 TRUE COPY OF REPRESENTATION DATED 20/01/2021 SUBMITTED BEFORE THE FIRST RESPONDENT.

EXHIBIT P5 TRUE COPY OF G.O.(P) NO.10/10 G EDN DATED 12/01/2010.

EXHIBIT P6 TRUE COPY OF G.O.(P) NO.199/2011/G EDN DATED 01/10/2011.