Kerala High Court
Surabhi Krishnan vs The State Of Kerala on 24 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN
WEDNESDAY, THE 24TH DAY OF MARCH 2021 / 3RD CHAITHRA, 1943
WP(C).No.7640 OF 2021(D)
PETITIONER:
SURABHI KRISHNAN
AGED 38 YEARS
WIFE OF K.S.BIJU
UPPER PRIMARY SCHOOL ASSISTANT
MAR AUGEN HIGH SCHOOL, KODANAD
PERUMBAVOOR-683 544, ERNAKULAM 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, SECRETARIAT,
THIRUVANANTHAPURAM-695 001
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695 014
3 THE DEPUTY DIRECTOR OF EDUCATION,
ERNAKULAM @ KAKKANAD-682 030
4 THE DISTRICT EDUCATIONAL OFFICER,
KOTHAMANGALAM, ERNAKULAM DISTRICT-686 691
5 THE MANAGER, MAR AUGEN HIGH SCHOOL, KODANAD
PERUMBAVOOR-683 544, ERNAKULAM DISTRICT
T RAJASEKHARAN NAIR SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.03.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.7640 OF 2021(D)
2
JUDGMENT
Dated this the 24th day of March 2021
This writ petition is filed seeking the following reliefs:
i) call for the records relating to Exhibit P2 and set
aside the original of the same by the issue of a writ of
certiorari or other appropriate writ or order.
ii) declare that the petitioner is entitled to get
approval to her appointment from 01.06.2009 onwards and
consequential benefits.
iii) issue a writ of mandamus or other appropriate
writ, order or direction commanding the respondents to
approve the appointment of the petitioner from 01.06.2009
as LPSA and disburse the attendant benefits forthwith.
iv) issue a writ of mandamus or other appropriate
writ, order or direction commanding the 1st respondent to
consider and pass appropriate orders upon Exhibit P9 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 that the petitioner has been appointed on
01.06.2009 as UPSA in an additional division vacancy, the same has
been rejected by the respondents. Seeking approval of
WP(C).No.7640 OF 2021(D)
appointment, the petitioner has moved Ext.P9 representation
before the 1st respondent and seeks a consideration of the same.
The learned counsel for the petitioner submits that in several cases
of like nature, directions have been issued by this Court directing
the consideration of the request for approval deeming that the
Manager has submitted a bond in terms of G.O.
(P).No.10/10.G.Edn.dated 12.01.2010 and such appointments have
been approved.
There will, accordingly, be a direction to the 1 st respondent
to take up, consider and pass orders on Ext.P9 representation
preferred by the petitioner in accordance with law. While
considering the issue, the Manager shall be deemed to have
submitted the bond in terms of G.O.(P).No.10/10.G.Edn.dated
12.01.2010. Orders shall be passed within a period of three months
from the date of receipt of a copy of this judgment.
This writ petition is ordered accordingly.
Sd/-
ANU SIVARAMAN
JUDGE
SVP
WP(C).No.7640 OF 2021(D)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF
THE PETITIONER DATED 1.6.2009
EXHIBIT P2 TRUE COPY OF THE ORDER NO
B1/3522/09/K.DIS DATED 14.6.2010 OF THE
DEO, KOTHAMANGALAM E
EXHIBIT P3 TRUE COPY OF THE STAFF FIXATION ORDER
2009-2010 DATED 17.11.2009
EXHIBIT P4 TRUE COPY OF THE REVISED STAFF FIXATION
ORDER 2009-2010 DATED 26.11.2010
EXHIBIT P5 TRUE COPY OF THE STAFF FIXATION ORDER
2010-2011 DATED 4.12.2010
EXHIBIT P6 TRUE COPY OF THE JUDGMENT IN WA NO
2290/2015 DATED 25.7.2017
EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN WA NO
2091/2018 DATED 28.6.2019
EXHIBIT P8 TRUE COPY OF THE GOVERNMENT LETTER NO
60930/J2/11/G.EDN DATED 25.10.2011
EXHIBIT P9 TRUE COPY OF THE REPRESENTATION DATED
3.10.2020 FILED BEFORE THE GOVERNMENT
