Surya Varghese vs The State Of Kerala And Others
2021 Latest Caselaw 21962 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
              THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
    WEDNESDAY, THE 3RD DAY OF NOVEMBER 2021 / 12TH KARTHIKA, 1943
                          WP(C) NO. 32169 OF 2010
PETITIONER:

              SURYA VARGHESE
              W/O.SOBY BERCHAMANS, AGED 24 YEARS, LOWER PRIMARY SCHOOL
              ASSISTANT, ST.FRANCIS U.P.SCHOOL, AMBALLOOR, ERNAKULAM
              DISTRICT.

              BY ADVS.
                  SRI.K.E.HAMZA
                  SRI.V.K.GOPALAKRISHNAN



RESPONDENTS:

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

     2        THE DIRECTOR OF PUBLIC INSTRUCTION
              JAGATHY, THIRUVANANTHAPURAM-14.

     3        THE DISTRICT EDUCATIONAL OFFICER
              ERNAKULAM-11.

     4        THE ASSISTANT EDUCATIONAL OFFICER
              TRIPUNITHURA, ERNAKULAM DISTRICT-682 301.

     5        THE MANAGER
              ST.FRANCIS U.P.SCHOOL, AMBALLOOR-682 315, ERNAKULAM
              DISTRICT.

               GOVERNMENT PLEADER SRI.K.M.FAISAL




     THIS     WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
03.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C)32169/2010                       2

                                 JUDGMENT

The petitioner was appointed as Lower Primary School Assistant

(LPSA) in St.Francis U.P.School, Amballoor in Ernakulam District with

effect from 1.6.2007. Her appointment was not approved on the basis of

the ban introduced by the Government as per G.O(P)No.317/2005/G.Edn.

dated 17.8.2005. Later, the ban was lifted by the Government as per Ext.P4

order and the appointment of the petitioner was approved with effect from

1.6.2011. The case of the petitioner is that she is entitled to get her

appointment approved as LPSA with effect from 1.6.2007, the date on

which she was appointed. The petitioner challenges Exts.P1, P2 and P3

orders of the authorities which rejected her claim for approval with effect

from 1.6.2007.

2. The learned counsel for the petitioner submits that the petitioner is

proposing to file a revision petition before the Government against Ext.P3

order and that the revision petition was not filed due to the pendency of this

writ petition. It is submitted that the petitioner will file the revision petition

within two weeks from today and the Government may be directed to

consider the same.

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

Government Pleader.

Having regard to the facts and circumstances of the case and going

through the averments in the counter affidavit filed by the Government,

there will be a direction that in case the petitioner files the revision

petition/representation within two weeks from today, the Government shall

consider the same within a period of three months from the date of receipt

of such revision petition/representation after hearing the petitioner and the

Manager. Since it is stated in the counter affidavit of the Government that

the Manager has not executed bond for the approval of the petitioner w.e.f

1.6.2007, the deeming of execution of bond is liable to be taken into

account by the Government, subject to the version of the Manager, in terms

of G.O(P)No.10/10/G.Edn. dated 12.1.2010.

Writ petition is disposed of with the above direction.

Sd/-

MURALI PURUSHOTHAMAN JUDGE

APPENDIX

PETITIONER'S EXHIBITS:

P1:TRUE COPY OF THE ORDER NO.2139/07/K.DIS.OF THE ASSISTANT EDUCATIONAL OFFICER.

P2:TRUE COPY OF THE ORDER NO.B4/10578/07/K.DIS. OF THE DISTRICT EDUCATIONAL OFFICER.

P3:TRUE COPY OF THE ORDER NO.F5/60906/08/DPI/K.DIS. OF THE 2ND RESPONDENT.

P4:TRUE COPY OF THE G.O(P)NO.10/10/G.EDN. OF THE GOVERNMENT.

P5:TRUE COPY OF THE CIRCULAR NO.H2-68604/89 OF THE DIRECTOR.

P6:TRUE COPY OF THE INTERIM ORDER OF THIS HON'BLE COURT IN W.P(C) NO.28092/2010-J.

P7:TRUE COPY OF THE LETTER NO.62634/J2/2010/G.EDN. OF THE GOVERNMENT.

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