Kerala High Court
For Information Purpose Only vs Silpasree S.S. on 12 March, 2021
WP(C) 5553/2021 1/4
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
W.P(C) No.5553/2021(T)
For information purpose only
PETITIONER
SILPASREE S.S.,AGED 30 YEARS
W/O PREM MOHAN RAJ, HST (PS), RAMAKRISHNA HIGH SCHOOL,
OLAVILAM, THALASSERY, KANNUR DISTRICT-673313.
RESPONDENTS
1. STATE OF KERALA
REPRESENTED BY SECRETARY TO GENERAL EDUCATION
DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001.
2. DIRECTOR OF GENERAL EDUCATION,
JAGATHI, THIRUVANANTHAPURAM-695014.
3. DEPUTY DIRECTOR OF EDUCATION,
KANNUR, KANNUR DISTRICT-670002.
4. DISTRICT EDUCATIONAL OFFICER
THALASSERY, KANNUR DISTRICT-670104.
Writ Petition (Civil) praying inter alia that in the circumstances stated in the
affidavit filed along with the WP(C) the High Court be pleased to direct the 4th
respondent to provisionally approve the appointment of the petitioner and to
disburse the consequential benefits, pending disposal of the above writ petition.
This petition coming on for admission upon perusing the petition and the
affidavit filed in support of WP(C) and upon hearing the arguments of
SRI.R.K.MURALIDHARAN, Advocate for the petitioner, and the GOVERNMENT
PLEADER for respondents, the court passed the following:
[P.T.O.]
PtK/15.03.21.
ANU SIVARAMAN, J.
-----------------------------------
W.P.(C) No.5553 of 2021
----------------------------------------------------
Dated this the 12th day of March, 2021
ORDER
For
Admit. information purpose
The learned Government onlyfor the
Pleader takes notice
respondents.
2. It is submitted by the learned counsel for the petitioner
that though the Manager had resubmitted the proposal for
approval of appointment of the petitioner pursuant to the specific
directions contained in Ext.P7 judgment, the 4th respondent has, by
Ext.P10 order, refused to consider the proposal on the ground that
there is no appellate order directing such a consideration. It is
further submitted by the learned counsel for the petitioner that
Ext.P2 would show that there was a protected teacher working in
the school at the time of the petitioner's appointment and Ext.P5 is
the bond submitted by the Manager agreeing to appoint a
protected teacher in terms of Ext.P3 in further arising vacancies.
It is further submitted that while dismissing the writ petition filed
by the rival claimant to the post of Manager, this Court had
specifically directed the respondents to consider the proposals sent
up by the present Manager for approval of appointments.
In the above view of the matter, there will be an interim
direction to the 4th respondent to reconsider the proposal sent up
W.P.(C) No.5553 of 2021
by the present Manager for approval of the petitioner's appointment,
untrammelled by anything stated in Ext.P10 and taking note of
Exts.P2 and P5, within a period of three weeks from the date of
For information purpose only
receipt of a copy of this order.
Post on 17.5.2021.
Sd/-
ANU SIVARAMAN
JUDGE
Jvt/12.3.2021
/true copy/ Sd/- ASSISTANT REGISTRAR
KLHC010148372021 4/4
EXHIBIT P2 - A TRUE COPY OF THE REPLY RECEIVED FROM THE
INFORMATION OFFICER OF THE SCHOOL DATED 25/02/2021.
EXHIBIT P3 - A TRUE COPY OF THE CIRCULAR NO.J2/57/2019/G.EDN DATED
08.03.2019.
EXHIBIT P5 - A TRUE COPY OF THE RELEVANT PAGE OF THE BOND
EXECUTED BY THE MANAGER DATED 15/05/2019.
EXHIBIT P7 - A TRUE COPY OF THE JUDGMENT IN WP(C) NO.30112/2018
DATED 25/11/2020.
For information purpose only
EXHIBIT P10 - A TRUE COPY OF THE ORDER NO B4/19633/2020/K.DIS OF THE
4TH RESPONDENT DATED 27/02/2021.
