Soumya.V vs The State Of Kerala
2021 Latest Caselaw 20970 Ker

WP(C) NO. 21270 OF 2021            1

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
         THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 WEDNESDAY, THE 6TH DAY OF OCTOBER 2021 / 14TH ASWINA, 1943
                      WP(C) NO. 21270 OF 2021
PETITIONER/S:

            SOUMYA.V.,
            AGED 37 YEARS,
            WIFE OF ANILKUMAR, HIGH SCHOOL ASSISTANT (SOCIAL
            STUDIES), AMRITA SANSKRIT HIGHER SECONDARY SCHOOL
            PARIPPALLY, KOLLAM-691 574 (ON DEPLOYMENT NOW AT
            BRC, KULAKKADA, KOTTARAKKARA, KOLLAM DISTRICT).

            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 II,
            THIRUVANANTHAPURAM-695 001.

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

     3      THE DEPUTY DIRECTOR OF EDUCATION,
            KOLLAM AT THEVALLY-691 009.

     4      THE DISTRICT EDUCATIONAL OFFICER,
            KOLLAM DISTRICT-691 001.

     5      THE MANAGER,
            AMRITA SANSKRIT HIGHER SECONDARY SCHOOL,
            PARIPPALLY, KOLLAM-691 574.

             SMT NISHA BOSE, SR GP


      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   06.10.2021,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 21270 OF 2021                2

                                  JUDGMENT

The petitioner states that she was appointed as Upper Primary School

Assistant at Amritha Sanskrit Higher Secondary School, Paripally, an aided

school managed by the 5th respondent on 17.07.2008. The approval was

granted only with effect from 1.6.2011. Being aggrieved by the non-

approval of the appointment for the period from 17.7.2008 to 31.5.2011,

the petitioner has preferred Ext.P14 representation before the Government.

Apprehensive of the delay in consideration of the representation, the

petitioner is before this Court seeking directions.

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

submitted that the limited request of the petitioner is for issuance of

directions to the 1st respondent to consider Ext.P14 representation in an

expeditious manner with due notice.

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

Pleader.

4. In view of the limited nature of the relief sought for, 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.P14, 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 and 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) If all other conditions are satisfied, it would be open to the 1st

respondent to deem that the Manager had executed the bond

as stipulated in G.O.(P) No.10/10/G.Edn. dated 12.1.2010.

d) 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 DSV

APPENDIX OF WP(C) 21270/2021

PETITIONER (S) EXHIBITS:

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 17.07.2008.

Exhibit P2 TRUE COPY OF THE JOINING REPORT ISSUED BY THE HEADMISTRESS OF THE SCHOOL DATED 17.07.2008.

Exhibit P3 TRUE COPY OF THE LETTER NO.B6/5896/08/K.DIS DATED 07.03.2009 OF THE DEO, KOLLAM.

Exhibit P4 TRUE COPY OF THE APPEAL FILED BEFORE THE DDE, KOLLAM BY THE MANAGER DATED 25.03.2009.

Exhibit P5 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.2009.

Exhibit P6 TRUE COPY OF THE LETTER NO.B6/6064/2009 DATED 20.04.2011 OF THE DEO.

Exhibit P7 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.2010.

Exhibit P8 TRUE COPY OF THE LETTER NO.B6/4381/2010/K.DIS DATED 10.06.2011 OF THE DEO, KOLLAM.

Exhibit P9 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 17.07.2008 AND THE APPROVAL THEREON.

Exhibit P10 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.06.2011 AND THE APPROVAL THEREON.

Exhibit P11 TRUE COPY OF THE JUDGMENT IN WA NO.2290/2015 DATED 25.07.2017.

Exhibit P12 TRUE COPY OF THE JUDGMENT IN WA NO.2091/2018 DATED 28.06.2019.

Exhibit P13 TRUE COPY OF THE LETTER NO.60930/J2/11/G.EDN. DATED 25.10.2011 OF THE GOVERNMENT.

Exhibit P14 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE GOVERNMENT DATED 09.09.2021 (WITHOUT EXHIBITS).

RESPONDENT (S) EXHIBITS: NIL