Bindu S. Nair vs Secretary To Government
2021 Latest Caselaw 23452 Ker

WP(C) NO. 18056 OF 2021         1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
THURSDAY, THE 25TH DAY OF NOVEMBER 2021 / 4TH AGRAHAYANA, 1943
                    WP(C) NO. 18056 OF 2021
PETITIONER/S:

          BINDU S. NAIR ,
          AGED 38 YEARS,
          D/O. SUSEELA SOMAN, RESIDING AT NIRAVATH RAJ BHAVAN,
          VALAYANCHIRANGARA, PERUMBAVOOR, ERNAKULAM DISTRICT,
          PIN-683 556

          BY ADVS.
          R.T.PRADEEP
          M.BINDUDAS
          K.C.HARISH



RESPONDENTS :

    1     SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN-695 001

    2     THE DIRECTOR OF GENERAL EDUCATION,
          OFFICE OF THE DIRECTOR GENERAL OF EDUCATION,
          JAGATHY, THIRUVANANTHAPURAM, PIN-695 014.

    3     THE DEPUTY DIRECTOR OF EDUCATION,
          OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
          ERNAKULAM, KAKKANAD, PIN-682 030

    4     THE DISTRICT EDUCATIONAL OFFICER,
          OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
          KOTHAMANGALAM, PIN-686 91

    5     HIGHER SECONDARY SCHOOL, VALAYANCHIRANGARA,
          REPRESENTED BY ITS MANAGER, PERUMBAVOOR,
          VALAYANCHIRANGARA P.O, ERNAKULAM DISTRICT,
          PIN-683 556

          BY ADV V.VIJULAL
 WP(C) NO. 18056 OF 2021               2




             SMT. NISHA BOSE, SR. GP




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   25.11.2021,   THE   COURT   ON       THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 18056 OF 2021                     3

                                    JUDGMENT

The writ petition is filed seeking the following reliefs:

"i) To issue a writ of mandamus or any other appropriate writ, order or direction to the 4th respondent to take a decision on Exhibit P7 untrammelled by the mess in filling up the future vacancies arisen in the post of U.P.S.T in the school on 24.06.2019 within such time fixed by this Hon'ble Court not later than 1 month."

2. Sri.R.T.Pradeep, the learned counsel appearing for the petitioner

submitted that the petitioner is working as a UPST in a long term LWA

vacancy from 3.6.2008 in the 5th respondent school. She is a Rule 51A

claimant with seniority of more than one decade. It is contended that she is

entitled to be appointed in the first regular and substantive vacancy of UPST

which has arisen in the school on promotion of Rema B., who was promoted

to the post of HST on 25.6.2018. It is contended that highlighting all aspects,

the petitioner had submitted Ext.P7 representation and the learned counsel

requests that directions be issued to the 4th respondent to consider the

representation untrammelled by extraneous considerations.

3. The learned Government Pleader submitted that some delay had

occurred since the 5th respondent had not uploaded the proposal of the

petitioner through the Samanwaya portal.

4. In response, learned counsel appearing for the 5th respondent

submitted that the proposal has been uploaded in the portal as early as on

May, 2021 and there has been no delay on the part of the Manager.

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 by

issuing the following directions:

a) There will be a direction to the 4th respondent to take up, consider and pass appropriate orders on Ext.P7, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or her authorised representative as well as the Manager.

b) Orders, as directed above, shall be passed expeditiously, in any event, within a period of two 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) 18056/2021

PETITIONER(S) EXHIBITS

EXHIBIT P1 TRUE COPY OF HE APPOINTMENT ORDER DATED 3.06.2008 IN WHICH HER SERVICE FROM 31.12.2008 TO 31.3.2009 WAS APPROVED BY 4TH RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER DATED 1.6.2009 IN WHICH HER APPOINTMENT FROM 1.6.2009 TO 3.1.2011 WAS APPROVED BY 4TH RESPONDENT.

EXHIBIT P3 TRUE COPY OF THE APPOINTMENT ORDER DATED 9.12.2010 IN WHICH HER SERVICE FROM 9.12.2010 TO 31.3.2011 WAS APPROVED BY 4TH RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE APPOINTMENT ORDER DATED 17.09.2014 BY WHICH HER SERVICE FROM 1.6.2011 TO 28.3.2014 WAS APPROVED BY 4TH RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE APPOINTMENT ORDER DATED 10.02.2016 IN WHICH HER SERVICE FROM 10.02.2016 TO 3.1.2021 WAS APPROVED BY 4TH RESPONDENT.

EXHIBIT P6 TRUE COPY OF THE G.O (MS) NO.

275/1999/G.EDN. DATED 9.11.1999.

EXHIBIT P7 TRUE COPY OF THE ORDER OF APPOINTMENT DATED 7.5.2021 IN WHICH PETITIONER IS APPOINTED AS U.P.S.T IN THE REGULAR VACANCY ARISEN ON PROMOTION OF REMA B. ON 25.06.2018.

EXHIBIT P8 TRUE COPY OF THE ORDER DATED 30.06.2021 BY WHICH THE REVISION OF BITHA VIJAYAN WAS ALLOWED BY ADDITIONAL DIRECTOR OF GENERAL EDUCATION.

RESPONDENT(S) EXHIBITS : NIL