Harsha M vs The State Of Kerala
2021 Latest Caselaw 20548 Ker

WP(C) NO. 20848 OF 2021         1

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
          THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
        FRIDAY, THE 1ST DAY OF OCTOBER 2021 / 9TH ASWINA, 1943
                        WP(C) NO. 20848 OF 2021
PETITIONER/S:

            HARSHA M
            AGED 35 YEARS
            D/O MUTHU, LOWER PRIMARY SCHOOL TEACHER (LPST)
            ALP SCHOOL, MATHUR EAST, KUZHALMANNAM,
            PALAKKAD DISTRICT-678 571.

            BY ADVS.
            V.A.MUHAMMED
            M.SAJJAD



RESPONDENT/S:

    1       THE STATE OF KERALA
            REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
            GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE 11,
            THIRUVANANTHAPURAM-695 001

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

    3       THE DEPUTY DIRECTOR OF EDUCATION
            FORT MAIDAN, PALAKKAD-678 001.

    4       THE DISTRICT EDUCATIONAL OFFICER
            CIVIL STATION, PALAKKAD-678 001.

    5       THE ASSISTANT EDUCATIONAL OFFICER
            KUZHALMANNAM, PALAKKAD DISTRICT-678 502.

    6       THE MANAGER,
            ALP SCHOOL, MATHUR EAST, KUZHALMANNAM,
            PALAKKAD DISTRICT-678 571.
 WP(C) NO. 20848 OF 2021       2

    7      THE HEADMASTER
           ALP SCHOOL, MATHUR EAST, KUZHALMANNAM,
           PALAKKAD DISTRICT-678 571.




           SMT NISHA BOSE, SR GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
01.10.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20848 OF 2021              3

                                   JUDGMENT

The petitioner states that she was appointed in the A L P School,

Mathur East as LPST from 1.6.2017 onwards and since then she is continuing

in service. However, for want of approval, her salary has not been disbursed

till date. It is stated that in compliance of the Government Orders, the 6th

respondent herein has tendered the declaration. However, the educational

officer has declined the approval. Being aggrieved, Exts.P2 and P6 revision

petitions were preferred by the petitioner and the Manager, which is stated to

be pending before the 1st respondent. Though various other reliefs are

claimed, the learned counsel appearing for the petitioner submits that the

petitioner would be satisfied if the 1st respondent is directed to consider and

take a decision on Exhibits-P2 and P6 revision petitions within a time frame.

2. I have heard Smt. Nisha Bose, the learned Senior Government

Pleader. In view of the nature of order I propose to pass, notice to the party

respondents are dispensed with.

3. 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 1st respondent to take up,

consider and pass appropriate orders on Exts.P2 and P6, as per

procedure and in strict adherence to the provisions of law. An

opportunity of being heard, either physically or virtually, shall be

afforded to the petitioner or her authorised representative and the

party respondents.

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 sru

APPENDIX OF WP(C) 20848/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE ORDER NO B3/193953/2021(1) DATED 3.8.2021 OF THE DEO, PALAKKAD

Exhibit P2 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 7.9.2021

Exhibit P3 TRUE COPY OF THE STAFF FIXATION ORDER 2017-18 OF THE AEO, KUZHALMANNAM DATED 11.12.2017

Exhibit P4 TRUE COPY OF THE LETTER NO B3/15752/2017 DATED 15.12.2017 OF THE DDE, PALAKKAD

Exhibit P5 TRUE COPY OF THE ORDER NO RA(1) 23650/2018/DGE/D.DIS DATED 10.7.2019 OF THE 2ND RESPONDENT

Exhibit P6 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 6.9.2021

Exhibit P7 TRUE COPY OF THE FITNESS CERTIFICATE DATED 3.7.2017 OF THE ASSISTANT ENGINEER

Exhibit P7(A) TRUE COPY OF THE SKETCH

RESPONDENTS EXHIBITS:NIL