Anujee Ganasan vs The State Of Kerala
2021 Latest Caselaw 23484 Ker

                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. 26614 OF 2021
PETITIONER/S:

          ANUJEE GANASAN
          AGED 30 YEARS
          WIFE OF SUBIN,
          LOWER PRIMARY SCHOOL TEACHER,
          A L P SCHOOL, VELLANI, THANISSERY,
          IRINJALAKUDA, THRISSUR DISTRICT-680701.

          BY ADVS V.A.MUHAMMED
           SRI.M.SAJJAD


RESPONDENTS :

    1     THE STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT,
          SECRETARIAT ANNEXE-II, THIRUVANANTHAPURAM-695001.

    2     THE DIRECTOR OF GENERAL EDUCATION
          JAGATHY, THIRUVANANTHAPURAM-695014.

    3     THE DISTRICT EDUCATIONAL OFFICER
          IRINJALAKUDA, THRISSUR DISTRICT-680121.

    4     THE ASSISTANT EDUCATIONAL OFFICER
          IRINJALAKUDA, THRISSUR DISTRICT-680121.

    5     THE MANAGER
          A L P SCHOOL, VELLANI, THANISSERY,
          IRINJALAKUDA, THRISSUR DISTRICT-680701.


          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. 26614 OF 2021                     2




                                      JUDGMENT

The petitioner states that she was appointed as LPST in the ALP School,

Vellani, an aided school managed by the 5th respondent by Ext.P1 order,

against a retirement vacancy with effect from 06.06.2019. It is contended that

banking on Exts.P6 Government Order and Ext.P7 declaration given by the

Manager, the appointment of the petitioner was approved by the 4th

respondent. However, the salary due to the petitioner for the period from

06.06.2019 to 05.02.2021 is being denied. The petitioner contends that the

denial of salary is in clear violation of Ext.P4 Government Order and Ext.P5

Circular. In the said circumstances, the petitioner is stated to have preferred

Ext.P9 revision petition before the Government. The prayer in this writ petition

is for expeditious consideration of Ext.P9 revision petition within a time frame.

2. Sri. M.Sajjad, the learned counsel appearing for the petitioner submits

that the limited request of the petitioner is for issuance of directions to the 1st

respondent to consider and pass orders on Ext.P9 revision petition within a time

frame 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.P9, as per

procedure and in adherence to the provisions of law, after

affording an opportunity of being heard, either physically or

virtually, to the petitioner herein or her authorised

representative as well as the 5th respondent.

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 NS

APPENDIX OF WP(C) 26614/2021

PETITIONER(S) EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 06.06.2019.

EXHIBIT P2 TRUE COPY OF THE G O (RT) NO.2872/2021/G.EDN DATED 31.05.2021 OF THE GOVERNMENT.

EXHIBIT P3 TRUE COPY OF THE LETTER NO.B2-

7165/2020/K.DIS DATED 20.02.2021 OF THE DDE, THRISSUR.

EXHIBIT P4 TRUE COPY OF THE G O (P) NO.3/2019 G.EDN DATED 28.02.2019 OF THE GOVERNMENT.

EXHIBIT P5 TRUE COPY OF THE CIRCULAR NO.J2/57 2019/G.EDN DATED 08.03.2019 OF THE GOVERNMENT.

EXHIBIT P6 TRUE COPY OF THE G.O.(P) NO.4/2021/G.EDN OF THE GOVERNMENT DATED 06.02.2021.

EXHIBIT P7 TRUE COPY OF THE DECLARATION OF THE MANAGER DATED 24.06.2021.

EXHIBIT P8 TRUE COPY OF THE ORDER NO.E/16830/2021 DATED 13.09.2021 OF THE AEO, IRINJALAKUDA.

EXHIBIT P9 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 01.10.2021. (WITHOUT EXHIBITS)

RESPONDENT(S) EXHIBITS : NIL