Kerala High Court
Dhanya A vs The State Of Kerala on 23 November, 2021
WP(C) NO. 26270 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
WP(C) NO. 26270 OF 2021
PETITIONER:
DHANYA A.
AGED 40 YEARS
WIFE OF MANOJKUMAR PALAT, UPPER PRIMARY SCHOOL
ASSISTANT, A U P SCHOOL, CHENGANIYUR, P.O.MATHUR,
PALAKKAD DISTRICT - 678 571.
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
SECRETARIAT ANNEXE-II,
THIRUVANANTHAPURAM - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY, THIRUVANANTHAPURAM - 695 014.
3 THE DISTRICT EDUCATIONAL OFFICER
PALAKKAD FORT MAIDAN, PALAKKAD - 678 001.
4 THE ASSISTANT EDUCATIONAL OFFICER
KUZHALMANNAM, PALAKKAD - 678 702.
5 THE MANAGER
A U P SCHOOL, CHENGANIYUR, P.O.MATHUR, PALAKKAD
DISTRICT - 678 571.
SMT NISHA BOSE, SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 26270 OF 2021 2
JUDGMENT
The petitioner states that she was appointed against a retirement
vacancy from 01.06.2018 in the AUP School, Chenganiyur. Her grievance is
that she has been continuing in service without pay and allowances for want
of approval. Against the rejection of approval by the DEO, an appeal was
preferred before the DEO and the same was also rejected. Being aggrieved,
the Manager of the school is stated to have preferred Ext.P18 revision petition
before the Government which is stated to be pending.
2. When this matter came up for consideration, Sri. M.Sajjad, the
learned counsel appearing for the petitioner submitted that in view of the
pendency of Ext.18, the petitioner would be satisfied if directions are issued to
the 1st respondent to consider and pass orders on Ext.P18 revision petition in
the light of Exhibits P10 to Ext.P13 within a timeframe and with due notice.
3. I have heard Smt. Nisha Bose, the learned Senior Government
Pleader.
4. In view of the nature of the order that I propose to pass, notice
to the 5th respondent is dispensed with.
5. After having carefully evaluated the contentions raised in this writ
petition, the submissions made across the Bar and the facts and
circumstances, I am of the view that this writ petition can be disposed of at
the admission stage itself by issuing the following directions:
a) There will be a direction to the 1st respondent to take up, consider
and pass appropriate orders on Ext.P18 revision petition in the
light of Ext.P13, as per procedure and in adherence to the
provisions of law, after affording an opportunity of being heard,
either physically or virtually, to the manager as well as the
petitioner herein or her authorised representative.
b) Orders, as directed above, shall be passed expeditiously, in any
event, within a period of three months from the date of
production of a copy of this judgment.
c) It would be open to the petitioner to produce a copy of the writ
petition along with the judgment before the concerned respondent
for further action.
This writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
IAP
APPENDIX OF WP(C) 26270/2021
PETITIONER(S) EXHIBITS :
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER DATED 01/06/2018, ALONG WITH
TYPED COPY.
EXHIBIT P2 TRUE COPY OF THE ORDER
NO.K.DIS.D/1563/2018/K.DIS. DATED
06/08/2018 OF THE 4TH RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE KTET CERTIFICATE OF
CATEGORY I.
EXHIBIT P4 TRUE COPY OF THE KTET CERTIFICATE OF
CATEGORY II.
EXHIBIT P5 TRUE COPY OF THE LETTER
NO.B3/7957/18/K.DIS. DATED 18/05/2019 OF
THE DEO, PALAKKAD.
EXHIBIT P6 TRUE COPY OF THE LETTER NO.D/782/2019 OF
THE AEO, KUZHALMANNAM DATED 10/06/2019.
EXHIBIT P7 TRUE COPY OF THE G.O.(P) NO.3/2019/G.EDN.
DATED 28/02/2019 OF THE GOVERNMENT.
EXHIBIT P8 TRUE COPY OF THE J2/57/2019/G.EDN. OF THE
GOVERNMENT.
EXHIBIT P9 TRUE COPY OF THE ORDER NO.K.DIS.D/1628/19
DATED 17/08/2019 OF THE 4TH RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE STAFF FIXATION ORDER
2015-2016 DATED 30/05/2016.
EXHIBIT P11 TRUE COPY OF THE STAFF FIXATION ORDER
2017-2018 DATED 12/12/2017.
EXHIBIT P12 TRUE COPY OF THE STAFF FIXATION ORDER
2018-2019 DATED 03/07/2018.
EXHIBIT P13 TRUE COPY OF THE G.O.(RT)
NO.3256/2021/G.EDN. DATED 05/07/2021 OF
THE GOVERNMENT.
EXHIBIT P14 TRUE COPY OF THE PETITION SUBMITTED BEFORE
THE 2ND RESPONDENT BY THE MANAGER DATED
11/12/2019.
EXHIBIT P15 TRUE COPY OF THE G.O.(RT) NO.4/2021/G.EDN.
DATED 06/02/2021 OF THE GOVERNMENT.
EXHIBIT P16 TRUE COPY OF THE DECLARATION OF THE
MANAGER.
EXHIBIT P17 TRUE COPY OF THE ORDER NO.D/9603/2021
DATED 23/04/2021 OF THE 4TH RESPONDENT.
EXHIBIT P18 TRUE COPY OF THE REVISION PETITION FILED
BEFORE THE 2ND RESPONDENT DATED
14/07/2021.
RESPONDENT(S) EXHIBITS : NIL
LU
