Bibin C. L vs State Of Kerala
2021 Latest Caselaw 9660 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                   PRESENT

              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

     TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943

                        WP(C).No.7407 OF 2021(A)


PETITIONER:

                BIBIN C. L.
                AGED 35 YEARS
                THEKKEVILA PUTHAN VEEDU, KACHAMPAZHINJI P.O.,
                NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT, PIN -
                695525.

                BY ADVS.
                SRI.P.SATHEESH KUMAR (S 3441)
                SHRI.ADARSH S.

RESPONDENT/S:

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

      2         DIRECTOR GENERAL OF EDUCATION
                O/O. THE DIRECTOR GENERAL OF EDUCATION, JAGATHY,
                THYCADU P. O., THIRUVANANTHAPURAM - 695 014.

      3         DEPUTY DIRECTOR OF EDUCATION
                O/O. THE DEPUTY DIRECTOR OF EDUCATION, CHALAI P. O.,
                THIRUVANANTHAPURAM - 695 014.

      4         DISTRICT EDUCATIONAL OFFICER
                O/O. THE DISTRICT EDUCATIONAL OFFICER, ATTINGAL,
                THIRUVANANTHAPURAM - 695 101.

      5         MANAGER
                SSPBHSS, KADAKKAVOOR, VARKALA SUB DISTRICT, ATTINGAL
                EDUCATIONAL DISTRICT, THIRUVANANTHAPURAM DISTRICT -
                695 101.


                NISHA BOSE SR GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.7407 OF 2021

                                      2



                              JUDGMENT

Dated this the 23rd day of March 2021

Petitioner has approached this Court seeking the following reliefs:­

(i) Call for the records leading to the issuance of Exhibit P8 order and set aside the same since it is illegal, arbitrary and against the Rules in this regard.

(ii) Issue a writ in the nature of certiorari or any other writ order or direction calling for the records leading to the non­approval of appointment to the petitioner.

(iii) To declare that the petitioner is eligible for appointment as HST (Drawing Teacher) at SSPB HSS Kadakkavoor from 06.06.2019 in the retirement vacancy of Vijayakumar.A.R who retired on 31.03.2019.

(iv) Issue a writ in the nature of mandamus or any other writ order or direction commanding the respondents to issue approval of appointment orders and other consequential benefits to the petitioner within a time limit to be fixed by this Hon'ble Court.

(v) issue a writ in the nature of mandamus or any other writ order or direction commanding the 1st respondent to grant the salary and other service benefits to the petitioners from 06.06.2019.

2. Heard the learned counsel for the petitioner and the learned

Government Pleader.

WP(C).No.7407 OF 2021

3. It is submitted by the learned counsel for the petitioner that the

petitioner was appointed as HST (Drawing) in the 5 th respondent's school

from 06.06.2019 in a retirement vacancy. It is submitted that the

appointment was rejected as per Ext.P8. The Manager of the school has

preferred Ext.P9 appeal against Ext.P8 order and the petitioner seeks a

consideration of the same.

4. Having heard the learned Government Pleader also, I am of the

opinion that Ext.P9 appeal preferred by the Manager before the 3 rd

respondent is liable to be considered in accordance with law.

5. There will, accordingly, be a direction to the 3 rd respondent to

take up, consider and pass orders on Ext.P9 appeal preferred by the

Manager, with notice to the Manager as well as the petitioner and after

hearing them through any appropriate means, including video

conferencing, within a period of six weeks 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.7407 OF 2021

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE CS STATEMENT AND APPOINTMENT ORDER FROM THE MANAGER SSPB HSS KADAKKAVOOR TO THE DISTRICT EDUCATION OFFICER, ATTINGAL.

EXHIBIT P2 TRUE COPY OF THE ORDER NO.B2/45009/2019 DATED 18.07.2019 BY THE DISTRICT EDUCATIONAL OFFICER, ATTINGAL.

EXHIBIT P3 TRUE COPY OF RELEVANT PAGES OF STAFF STATEMENT AS ON 31.07.2019 (AS PER ORDER B2/45009/2019 DATED 30.07.2019 OF DEO ATTINGAL) BY THE HEADMISTRESS SSPB HSS KADAKKAVOOR.

EXHIBIT P4 TRUE COPY OF THE LETTER NO.B2/10589/2019/SAMANYA/D.E.O./ATTINGAL, DATED 16.11.2019.

EXHIBIT P5 TRUE COPY OF THE LETTER NO.F.T.

(5)11672/19/D.G.E. DATED 21.01.2020.

EXHIBIT P6 TRUE COPY OF THE LETTER FROM THE 1ST RESPONDENT TO THE PETITIONER AS PER LETTER NO.K3/140/2019/G.EDN. DATED 28.02.2020.

EXHIBIT P7 TRUE COPY OF THE G.O.(MS) NO.135/2019, DATED 31.08.2019.

EXHIBIT P8 TRUE COPY OF THE ORDER NO.B2/10585/2019 DATED 05.11.2020 OF THE 4TH RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE APPEAL PETITION SUBMITTED BEFORE THE DISTRICT EDUCATIONAL OFFICER, DATED 11.02.2020.

//TRUE COPY// P.A. TO JUDGE