Sabitha K vs State Of Kerala
2021 Latest Caselaw 22163 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
              THE HONOURABLE MR. JUSTICE SUNIL THOMAS
  FRIDAY, THE 5TH DAY OF NOVEMBER 2021 / 14TH KARTHIKA, 1943
                     WP(C) NO. 24280 OF 2021
PETITIONER:

    1     SABITHA K.
          AGED 38 YEARS
          UPSA, DNM AUP SCHOOL, EDAYATTUR, EDAYATTUR (PO),
          MELATTUR VIA., MALAPPURAM DISTRICT,
          PIN - 679 326.

          BY ADVS.
          LINDONS C.DAVIS
          E.U.DHANYA

RESPONDENTS:

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

    2     DIRECTOR OF GENERAL EDUCATION
          JAGATHY, THIRUVANANTHAPURAM - 695 014

    3     DISTRICT EDUCATIONAL OFFICER
          WANDOOR, MANJERI - WANDOOR RD., WANDOOR,
          MALAPPURAM DISTRICT - 679 328.

    4     ASSISTANT EDUCATION OFFICER
          MELATTUR, MALAPPURAM DISTRICT - 679 326.

    5     DNM AUP SCHOOL
          EDAYATTUR, EDAYATTUR (P.O.), MELATTUR VIA.,
          MALAPPURAM DISTRICT, PIN - 679 326.

          BY ADV. SMT. NISHA BOSE, SR.GP

    THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
 WPC NO.24280 OF 2021
                          2


ON 05.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WPC NO.24280 OF 2021
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                               JUDGMENT

Dated this the 05th day of November, 2021

The petitioner was appointed as Upper Primary

School Assistant with effect from 22.08.2008, against

an anticipated additional post. The approval was

rejected by the AEO. An appeal was filed, which was

also dismissed. In the meanwhile, GO No.10/10 was

notified. The Manager has executed a bond

undertaking the condition in terms of the above

Government Order. However, the petitioner was

approved on daily wages from 22.08.2008 to

31.03.2009 and on regular basis from 01.06.2009.

Claiming that he is entitled for approval on regular

basis, with effect from 22.08.2008, the petitioner has

submitted Ext.P6 revision. The grievance of the

petitioner is that the above revision has not been

disposed of inspite of considerable delay.

2. After having heard the learned Counsel for

the petitioner and the learned Government Pleader WPC NO.24280 OF 2021

for respondents 1 to 4, I am inclined to dispose of the

writ petition itself by directing the first respondent to

take up, consider and dispose of Ext.P6 revision on

merits, as expeditiously as possible, at any rate,

within a period of three months, from the date of

receipt of a copy of this judgment, after giving a

reasonable opportunity of being heard to the

petitioner and the fifth respondent.

The writ petition is disposed of accordingly.

Sd/-

SUNIL THOMAS

JUDGE SKP/05.11 WPC NO.24280 OF 2021

APPENDIX OF WP(C) 24280/2021

PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE APPOINTMENT ORDER DATED 22/08/2008 ISSUED BY THE MANAGER IN FORM NO.27.

EXHIBIT P2 A TRUE COPY OF THE ORDER NO.K.DIS.A5/7168/08 DATED 19/01/2009 OF THE 3RD RESPONDENT.

EXHIBIT P3 A TRUE COPY OF THE ORDER NO.G(2)/58746/2009/DPI/L.DIS. DATED 25/03/2010 OF THE 2ND RESPONDENT.

EXHIBIT P4 A COPY OF THE BOND EXECUTED BY THE MANAGER DATED 04/02/2011.

EXHIBIT P5 TRUE COPY OF THE LETTER NO.44977/J2/2013/GEDN. DATED 14/10/2015 ISSUED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT TO DIRECTOR OF PUBLIC INSTRUCTIONS.

EXHIBIT P6 A COPY OF THE REVISION FILED BY THE PETITIONER, DATED 04/10/2021 BEFORE THE 1ST RESPONDENT.

RESPONDENTS' EXHIBITS: NIL

TRUE COPY

P.A.TO JUDGE