Dhanya R vs The Deputy Director Of Education
2021 Latest Caselaw 8323 Ker

           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.2632 OF 2021(D)


PETITIONER :-

            DHANYA R.
            D/O.RADHAKRISHNAN K. PUTHUPPADI HOUSE,
            CHEEKKALODE P.O, ATHOLI,
            KOZHIKODE DISTRICT, PIN - 673 613.

            BY ADVS.
            SRI.P.CHANDRASEKHAR
            SRI.K.K.MOHAMED RAVUF
            SRI.SATHEESH V.T.


RESPONDENTS :-

      1     THE DEPUTY DIRECTOR OF EDUCATION
            KOZHIKODE DISTRICT, PIN - 673 001,

      2     THE DISTRICT EDUCATION OFFICER,
            MANACHIRA, KOZHIKODE, PIN - 673 001.

            BY SMT.NISHA BOSE, SR.GP


     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.2632 OF 2021(D)

                                    -: 2 :-


                                JUDGMENT

Dated this the 12th day of March, 2021

This writ petition is filed seeking the following reliefs :-

"i. Call for the records leading to Exhibit P5 and P9 orders of the 2nd Respondent and 1st Respondent respectively, and quash the same by issuing a writ of certiorari. ii. Issue a writ of mandamus or any other writ, order or direction directing the 1st Respondent to consider Exhibit P6 appeal and approve the appointment of the Petitioner as HST as per Exhibit P1 and release to her salary and allowances due to her for the actual period she has worked without delay and within a specific time frame as this Honourable Court may be pleased to fix."

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 appointed as HST (Physical Science) with

effect from 12.6.2018. The appointment was not approved on

technical grounds. The petitioner had taken up the matter in appeal.

Ext.P11 order was issued on 15.2.2021 by the Deputy Director of

Education directing approval of the appointment with effect from

12.6.2018. The learned counsel for the petitioner submits that

consequential orders have to be passed by the 2 nd respondent and the

monetary benefits are also to be disbursed to the petitioner. WP(C).No.2632 OF 2021(D)

4. The learned Government Pleader submits that some time is

required for passing consequential orders and to release the

monetary benefits.

Having heard the learned counsel on either side and in

view of the directions contained in Ext.P11 order of the 1 st

respondent, there will be a direction to the 2 nd respondent to pass

appropriate orders in pursuance to Ext.P11, within a period of two

weeks from the date of receipt of a copy of this judgment.

Appropriate steps shall be taken to release the monetary benefits due

to the petitioner on account of the approval, within a period of two

months thereafter.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE

Jvt/16.3.2021 WP(C).No.2632 OF 2021(D)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER ISSUED BY THE MANAGER APPOINTING THE PETITIONER AS H.S.T (PS).

EXHIBIT P2 TRUE COPY OF THE STATEMENT OF CHANGE OF STAFF DATED 12.06.2018 SUBMITTED BY THE MANAGER TO THE 2ND RESPONDENT ALONG WITH ENCLOSURE.

EXHIBIT P3 TRUE COPY OF THE STAFF FIXATION ORDER NO.B4/3536/2018 DATED 03.07.2018 IN RESPECT OF THE SCHOOL OF THE PETITIONER.

EXHIBIT P4 TRUE COPY OF THE STAFF FIXATION ORDER NO.B4/94380/2019 DATED 20.07.2019 OF THE 2ND RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE ORDER NO. B4/16828/2020 DATED 17.09.2020 OF THE 2ND RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE APPEAL PETITION DATED 21.09.2020 SUBMITTED BY THE MANAGER TO THE 1ST RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE GO(MS) NO. 1761/2018/G.EDN DATED 20.02.2018.

EXHIBIT P8 TRUE COPY OF THE JUDGMENT DATED 09.11.2020 IN WP(C) NO. 24178 OF 2020.

EXHIBIT P9 TRUE COPY OF THE ORDER NO.L B5/212248/2020 DATED 15.01.2021 OF THE 1ST RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE JUDGMENT DATED 26.06.2020 IN WP(C) NO. 11492/2020.

EXHIBIT P11 TRUE COPY OF THE ORDER DATED 15.02.2021 OF THE 1ST PETITIONER //TRUE COPY//

P.A. TO JUDGE