Sreeja S.R. vs State Of Kerala
2021 Latest Caselaw 23728 Ker

Citation : 2021 Latest Caselaw 23728 Ker
Judgement Date : 30 November, 2021

Kerala High Court

Sreeja S.R. vs State Of Kerala on 30 November, 2021

           IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
       THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 TUESDAY, THE 30TH DAY OF NOVEMBER 2021 / 9TH AGRAHAYANA, 1943
                    WP(C) NO. 15823 OF 2021

PETITIONER/S:

           SREEJA S.R. .,
           AGED 39 YEARS
           W/O. SURESH KUMAR S.T
           RESIDING AT POTTANIVILA, VEEDU,
           MOONNAMMOODU, KODANGANOOR P.O.
           NOW RESIDING AT S.R. NIVAS,
           MOONNAAMMOODU, VATTIYOORKAVU P.O. T
           HIRUVANANTHAPURAM 695 013.

           BY ADVS.
           JIBU P THOMAS
           S.V.PREMAKUMARAN NAIR
           JOSEPH GEORGE


RESPONDENT/S:

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

     2     THE DIRECTOR OF GENERAL EDUCATION,
           GENERAL EDUCATION DEPARTMENT, JAGATHY,
           THIRUVANANTHAPURAM 695 014.

     3     DEPUTY DIRECTOR OF EDUCATION,
           GENERAL EVACUATION DEPARTMENT,
           NALUMUKKU, PAZHAVANGADI,
           THIRUVANANTHAPURAM DISTRICT 695 023.

     4     DISTRICT EDUCATIONAL OFFICER,
           DISTRICT EDUCATIONAL OFFICE ATTINGAL,
           NEAR GOVT. COLLEGE, ATTINGAL,
           THIRUVANANTHAPURAM P.O. 695 101.
     5     THE CORPORATE MANAGER,
           LMS SCHOOLS, LMS COMPOUND,
           PALAYAM, THIRUVANANTHAPURAM 695 033.
 WP(C) NO. 15823 OF 2021
                              2



          SRI BIJOY CHANDRAN SR GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 30.11.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 15823 OF 2021
                                       3


                                 JUDGMENT

The petitioner states that she is working as UPSA/UPST in L.M.S. High

School, Vattappara, an aided school managed by the 5th respondent. It is

contended that the petitioner was appointed with effect from 06.06.2019

against an existing post that was sanctioned during the academic year 2018-

2019. However, the proposal for approval of appointment was declined by

the 4th respondent. It is contended that the Government has issued Exhibit

P3 Government Order as per which, it has been ordered that the

appointments of the teachers appointed during the year 2016-2017 to 2019-

2020 shall be approved without any appellate orders. Banking on Exhibit-P3,

the petitioner submitted Ext.P4 representation before the DEO. However, by

Exhibit-P5 communication, the petitioner was informed that further action is

to be taken by the Corporate Manager. In the said circumstances, the

petitioner is stated to have preferred Exhibit-P6 representation before the 5 th

respondent seeking to resubmit the proposal before the educational

authorities. Complaining of inaction and seeking directions, the petitioner has

approached this Court with this writ petition.

2. By order dated 6.8.2021, this Court had ordered notice to the party

respondents by email.

WP(C) NO. 15823 OF 2021

3. I have heard Sri. Jibu P. Thomas, learned counsel appearing for

the petitioner and the learned Senior Government pleader.

4. 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 5th respondent to take up, consider and pass appropriate orders on Ext.P6 representation, 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.

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 petitioners to produce a copy of the writ petition along with the judgment before the concerned respondent for further action.