Rejitha Kumary K.G vs The State Of Kerala
2021 Latest Caselaw 9673 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.7535 OF 2021(N)


PETITIONER:

               REJITHA KUMARY K.G
               AGED 40 YEARS
               WIFE OF G. SANTHOSHBABU, UPPER PRIMARY SCHOOL TEACHER
               (UPST) S.V.G VOCATIONAL HIGHER SECONDARY SCHOOL,
               KIDANGANNUR P.O, NALKALICKAL 689 533
               PATHANAMTHITTA DISTRICT.

               BY ADVS.
               SRI.V.A.MUHAMMED
               SRI.M.SAJJAD

RESPONDENTS:

      1        THE STATE OF KERALA
               REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
               EDUCATION DEPARTMENT, SECRTARIAT 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,
               THIRUVALLA, PATHANAMTHITTA DISTRICT 689 101

      5        THE MANAGER,
               S.V.G VOCATIONAL HIGHER SECONDARY SCHOOL,
               KIDANGANNUR, P.O NALKALICKAL 689 533
               PATHANAMTHITTA DISTRICT.


OTHER PRESENT:

               SR GP NISHA BOSE

     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.7535 OF 2021(N)

                                   2

                            JUDGMENT

Dated this the 23rd day of March 2021

This writ petition is filed seeking the following reliefs:-

"(i) call for the records relating to Exhibits P2, P5, P8 and P9 and set aside the original of the same by the issue of a writ of certiorari or other appropriate writ or order

(ii) issue a writ of mandamus or other appropriate writ, order or direction commanding the 4 th respondent to approve the appointment of the petitioner from 30.06.2016 onwards in scale of pay basis and disburse the attendant benefits forthwith.

(iii) issue a writ of mandamus or other appropriate writ order or direction commanding the 1st respondent to consider and pass appropriate orders upon Exhibits P6 and P12 after affording an opportunity of being heard to the petitioner within a time limit."

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 was initially appointed as UPST

in the 5th respondent school from 30.06.2016. However, the

approval was rejected. The Manager has moved Ext.P6

revision petition, which is pending before the Government.

4. While so, the petitioner was again appointed WP(C).No.7535 OF 2021(N)

against a promotion vacancy from 06.06.2019. The said

appointment was also not approved. Ext.P12 revision

petition is preferred by the petitioner with regard to the

second spell of appointment. The learned counsel for the

petitioner submits that the revision petitions preferred by

the Manager as well as the petitioner, which are pending

before the Government, may be directed to be considered

expeditiously.

5. Having heard the learned Government Pleader

also, I am of the opinion that since the petitioner and the

Manager have approached the Government, the revision

petitions are liable to be considered, in accordance with law.

6. There will, accordingly, be a direction to the 1 st

respondent to take up, consider and pass orders on Exts.P6

and P12 revision petitions submitted by the Manager and

the petitioner respectively and to pass orders thereon with

regard to the two spells of appointment of the petitioner.

The petitioner as well as the Manager shall be put on notice

and heard and appropriate orders shall be passed, after WP(C).No.7535 OF 2021(N)

hearing them through any appropriate means including

video conferencing within a period of three months from the

date of receipt of a copy of this judgment. If the petitioner's

appointment is found liable to be approved, the resultant

monetary benefits shall also be released to the petitioner

within a period of three months thereafter.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE Bng/24.03.2021 WP(C).No.7535 OF 2021(N)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE THE PETITIONER DATED 30-06-2016

EXHIBIT P2 TRUE COPY OF THE LETTER NO.B4/5171/16 DATED 10-01-2017 OF THE DEO, THIRUVALLA

EXHIBIT P3 TRUE COPY OF THE APPEAL PETITION FILED BEFORE THE 3RD RESPONDENT BY THE MANAGER DATED 31-01-2017

EXHIBIT P4 TRUE COPY OF THE APPEAL PETITION FILED BEFORE THE 2ND RESPONDENT DATED 08-07- 2019 BY THE MANAGER OF THE SCHOOL

EXHIBIT P5 TRUE COPY OF THE ORDER NO.

ET3/8672/2019 DGE/K.DIS DATED 16-10- 2020 OF THE ADDITIONAL DIRECTOR OF 2ND RESPONDENT'S OFFICE

EXHIBIT P6 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT BY THE MANAGER DATED 25-01-2021

EXHIBIT P7 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 06-06-2019

EXHIBIT P8 TRUE COPY OF THE ORDER NO.

B3/13404/2019 DATED 27-12-2019 OF THE DEO, THIRUVALLA

EXHIBIT P9 TRUE COPY OF THE ORDER NO.

B3/210662/2020 DATED 26-05-2020 OF THE 3RD RESPONDENT

EXHIBIT P10 TRUE COPY OF THE G.O(P) NO.

3/2019/G.EDN DATED 28-02-2019 OF THE GOVERNMENT.

EXHIBIT P11 TRUE COPY OF THE CIRCULAR NO.

J2/57/2019/G.EDN DATED 08-03-2019 OF THE GOVT.

WP(C).No.7535 OF 2021(N)

EXHIBIT P12 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 15- 01-2021 BY THE PETITIONER.