Priya R. vs The State Of Kerala
2021 Latest Caselaw 8485 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM

                          PRESENT

          THE HONOURABLE MRS.JUSTICE ANU SIVARAMAN

   MONDAY, THE 15TH DAY OF MARCH 2021/24TH PHALGUNA, 1942

                 W.P.(C)No.6574 OF 2021(V)

  PETITIONER:

         PRIYA R., AGED 42 YEARS,
         W/O.RAJASEKHARAN THAMPI,
         UPPER PRIMARY SCHOOL ASSISTANT,
         REPUBLICAN VOCATIONAL HIGHER SECONDARY SCHOOL,
         P.O.KONNI, PATHANAMTHITTA DISTRICT-689 691,
         (RESIDING AT PUTHENVEEDU, P.O.OOTTUPARA,
         KONNI, PATHANAMTHITTA DISTRICT-689 691.

         BY ADVS.
         SRI.V.A.MUHAMMED
         SRI.V.RAJASEKHARAN NAIR

  RESPONDENTS:

  1      THE STATE OF KERALA,
         REPRESENTED BY THE SECRETARY TO GOVERNMENT,
         GENERAL EDUCATION DEPARTMENT,
         SECRETARIAT ANNEXE-II,
         THIRUVANANTHAPURAM-695 001.

  2      THE DIRECTOR OF GENERAL EDUCATION,
         JAGATHY, THIRUVANANTHAPURAM-695 014.

  3      THE DEPUTY DIRECTOR OF EDUCATION,
         PATHANAMTHITTA AT THIRUVALLA-689 101.

  4      THE DISTRICT EDUCATIONAL OFFICER,
         PATHANAMTHITTA-689 001.

  5      THE MANAGER,
         REPUBLICAN VOCATIONAL HIGHER SECONDARY SCHOOL,
         P.O.KONNI, PATHANAMTHITTA DISTRICT-689 691.

OTHER PRESENT:

         SRI.T RAJASEKHARAN NAIR, SENIOR GOVERNMENT PLEADER

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 15.03.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C)No.6574 OF 2021(V)


                                    2




                               JUDGMENT

This writ petition is filed seeking the

following reliefs:

"i) call for the records leading to Exhibits P-2, P-3 and P-4 and set aside the originals of the same by the issue of a writ of certiorari or other appropriate writ or order.

ii) declare that Exhibit P-1 appointment of the Petitioner is legally valid and sustainable.

iii) issue a writ of mandamus or other appropriate writ order or direction commanding the Respondents to approve the appointment of the Petitioner as UPSA from 01.07.2014 to 14.07.2018 and to grant protection and deployment to her in terms of G.O. (P)No.29/2016/G.Edn dated 29.01.2016 and disburse the attendant benefits forthwith.

iv) Issue a writ of mandamus or other appropriate writ order or direction commanding the 1st Respondent to effectively consider and pass appropriate orders upon Exhibit P-14 Revision Petition within a time frame after affording an opportunity of being heard to the petitioner."

2. Heard the learned counsel for the W.P.(C)No.6574 OF 2021(V)

petitioner and the learned Government Pleader.

3. It is submitted by the learned counsel

for the petitioner that the petitioner was

appointed as UPSA from 1.7.2014 to 14.7.2018 in

the 5th respondent's school. Against the

rejection of approval to the said appointment,

the petitioner has preferred Ext.P14 revision

petition before the 1st respondent and seeks

consideration of the same.

4. Having heard the learned Government

Pleader also, I am of the opinion that the

revision petition preferred by the petitioner

has to be considered in accordance with law.

There will accordingly a direction to the

respondents to take up, consider and pass orders

on Ext.P14 Revision Petition preferred by the

petitioner with notice to the petitioner as well

as the Manager and after hearing them through

any appropriate means including video W.P.(C)No.6574 OF 2021(V)

conferencing within a period of three months

from the date of receipt of a copy of this

judgment. In case the petitioner's appointment

is approved, monetary benefit shall also be

disbursed to the petitioner within a period of

three months thereafter.

Sd/-

ANU SIVARAMAN

JUDGE

ss W.P.(C)No.6574 OF 2021(V)

APPENDIX

PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.07.2014.

EXHIBIT P2 TRUE COPY OF THE LETTER NO.B3/6847/14 DATED 24.04.2015 OF THE DEO, PATHANAMTHITTA.

EXHIBIT P3 TRUE COPY OF THE ORDER NO.B4/5372/15/K.DIS.

DATED 23.12.2015 OF THE DDE, PATHANAMTHITTA.

EXHIBIT P4 TRUE COPY OF THE ORDER NO.B4/1913/2017/K.DIS.

DATED 05.04.2017 OF THE DDE, PATHANAMTHITTA.

EXHIBIT P5 TRUE COPY OF THE ORDER NO.E.T(3)78363/2017/DPI/K.DIS DATED 31.10.2018 OF THE ADDITIONAL DIRECTOR (GENERAL).

EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN W.P.

(C)NO.28876/2017 DATED 21.06.2019.

EXHIBIT P7 TRUE COPY OF THE ORDER NO.B3/16520/2020 DATED 02.10.2020 OF THE DEO, PATHANAMTHITTA.

EXHIBIT P8 TRUE COPY OF THE STAFF FIXATION ORDER 2014-2015 DATED 07.04.2016 OF THE DEO, PATHANAMTHITTA.

EXHIBIT P9 TRUE COPY OF THE STAFF STATEMENT AS ON 15.07.2014.

EXHIBIT P10 TRUE COPY OF THE STAFF STATEMENT AS ON 01.06.2015.

EXHIBIT P11 TRUE COPY OF THE STAFF STATEMENT AS ON 01.06.2016.

EXHIBIT P12 TRUE COPY OF THE STAFF FIXATION ORDER 2017-2018 DATED 04.07.2017.

EXHIBIT P12(A) TRUE COPY OF THE ORDER NO.B3/4995/17 DATED 21.07.2017 OF THE DEO, PATHANAMTHITTA.

EXHIBIT P13 TRUE COPY OF THE STAFF STATEMENT AS ON 01.06.2017.

EXHIBIT P14 TRUE COPY OF THE REVISION PETITION SUBMITTED BEFORE THE GOVERNMENT DATED 15.02.2021.