Kerala High Court
Bijina.V.B vs The Director Of General Education on 12 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
FRIDAY, THE 12TH DAY OF MARCH 2021 / 21ST PHALGUNA, 1942
WP(C).No.6383 OF 2021(W)
PETITIONER:
BIJINA.V.B.
AGED 38 YEARS
W/O PRAVEEN,
THRIPPANAMKOTTE HOUSE,
CHERUVANNUR P.O.,
MEPPAYYUR VIA,
KOZHIKODE-673524.
BY ADVS.
SRI.T.T.MUHAMOOD
SRI.A.RENJIT
SRI.V.E.ABDUL GAFOOR
SRI.A.MOHAMMED SAVAD
SHRI.T.R.VISHNU
RESPONDENT/S:
1 THE DIRECTOR OF GENERAL EDUCATION
DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
THIRUVANANTHAPURAM-695014.
2 DEPUTY DIRECTOR OF EDUCATION,
OFFICE OF THE DDE,
KOZHIKODE, PIN-673001.
3 THE DISTRICT EDUCATIONAL OFFICER,
OFFICE OF THE DEO,
VATAKARA,
KOZHIKODE DISTRICT-673101.
4 THE MANAGER,
POYILKAVU HIGHER SECONDARY SCHOOL, POYILKVU.P.O,
KOZHIKODE-673306.
SR GP NISHA BOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.6383 OF 2021
2
JUDGMENT
Dated this the 12th day of March 2021
This writ petition is filed seeking the following reliefs:
(i) Issue a writ of certiorari or any other
appropriate writ or order or direction,
quashing Ext:P1 & P2 orders.
(ii) Issue a writ of mandamus or any other
appropriate writ or order or direction,
directing the respondents to approve the
appointment of the petitioner as HST (SS)
w.e.f. 01.06.2016 to 06.01.2020 and grant all
the benefits including the salary.
(iii) Issue a writ of mandamus or any other
appropriate writ, order or direction,
directing the 1st respondent to consider and
pass orders on Ext.P3 revision petition.
2. Heard the learned counsel for the petitioner and the
learned Government Pleader. In view of the directions been
WP(C).No.6383 OF 2021
issued, notice to the 4th respondent is dispensed with.
3. It is submitted by the learned counsel for the petitioner
that the petitioner was appointed as HST (SS) from 01.06.2016 to
06.01.2020. It is submitted that though the appointment was
forwarded for approval, approval was rejected on the ground that a
protected teacher ought to have been appointed against the leave
vacancy.
4. It is submitted that the Manager has approached the
Government with Ext.P3 revision petition. However, no orders are
passed thereon. It is further submitted that Ext.P4 Government
Order dated 06.02.2021 directs a reconsideration of the rejection of
appointments after January 2010.
Having heard the learned Government Pleader also and in
view of the fact that Ext.P3 revision petition is pending before the
Director, I am of the opinion that it is for the 1 st respondent to take
WP(C).No.6383 OF 2021
an appropriate decision on Ext.P3. There will, accordingly, be a
direction to the 1st respondent to take up, consider and pass orders
on Ext.P3 revision petition preferred by the Manager through any
appropriate means, including video conferencing with notice to the
Manager as well as the petitioner, 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
ssa
WP(C).No.6383 OF 2021
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF ORDER NO.D.DIS/B3/3356/2016
DATED 29/07/2019 ISSUED BY THE 3RD
RESPONDENT.
EXHIBIT P2 TRUE COPY OF ORDER NOB4/25370/2019/K.DIS
DATED 14.02.2020 ISSUED BY THE 2ND
RESPONDENT.
EXHIBIT P3 TRUE COPY OF REVISION PETITION SUBMITTED BY
THE MANAGER BEFORE THE 1ST RESPONDENT ON
01.07.2020.
EXHIBIT P4 TRUE COPY OF GO(P)NO.4/2021/G.EDN DATED
06.02.2021.
