Viji Williams vs State Of Kerala
2021 Latest Caselaw 21427 Ker

WP(C) NO. 8864 OF 2019            1



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
 FRIDAY, THE 29TH DAY OF OCTOBER 2021 / 7TH KARTHIKA, 1943
                     WP(C) NO. 8864 OF 2019
PETITIONER:

            VIJI WILLIAMS
            AGED 31 YEARS
            WIFE OF C.C.YELDO MATHOOSE, LOWER PRIMARY SCHOOL
            ASSISTANT, C.M.U.P.SCHOOL, THOZHIYOOR, THRISSUR
            DISTRICT

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


RESPONDENTS:


    1       STATE OF KERALA
            REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
            GENERAL EDUCATION DEPARTMENT, SECRETARIAT
            ANNEXRE-II, THIRUVANANTHAPURAM-695 001

    2       THE DIRECTOR OF PUBLIC INSTRUCTION
            JAGATHY, THIRUVANANTHAPURAM-695 014

    3       THE DEPUTY DIRECTOR OF EDUCATION,
            THRISSUR AT AYYANTHOLE-680 003

    4       THE DEPUTY DIRECTOR OF EDUCATION,
            PALAKKAD DISTRICT-678 001

    5       THE ASSISTANT EDUCATIONAL OFFICER,
            CHAVAKKAD, THRISSUR DISTRICT-680 506

    6       THE CORPORATE MANAGER,
            MALABAR INDEPENDENT SYRIAN CHURCH, EDUCATIONAL
            SOCIETY, THOZHIYOOR, THRISSUR DISTRICT-680 520

    7       THE HEADMASTER,
            C.M.U.P.SCHOOL,THOZHIYOOR,
 WP(C) NO. 8864 OF 2019                2



            THRISSUR DISTRICT-680 520

            SMT NISHA BOSE SR GOVERNMENT PLEADER




     THIS    WRIT   PETITION    (CIVIL)      HAVING    COME    UP    FOR
ADMISSION    ON   29.10.2021,   THE       COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 8864 OF 2019                  3




                                JUDGMENT

The petitioner states that she has approved service as LPSA from

01.06.2007 in the S C UP School, Chalissery. While working as aforesaid,

the post was reduced and the petitioner was rendered excess with effect

from 2009-2010. The petitioner states that instead of shifting the

petitioner to the vacancy available at CM UP School, Thozhiyoor, the

manager, disregarding the claim of the petitioner, ordered to shift an

LPSA against the said vacancy. The grievance of the petitioner is that by

Ext.P3 order the Government had ordered to grant approval to the

petitioner only on a notional basis and without monetary benefits. It is in

the afore circumstances, the petitioner had approached this Court

seeking to quash Ext.P3 to the extent it denies the monetary benefits

from 2009-2010 as LPSA and for further directions. While the writ

petition was pending, it appears that the petitioner had filed Ext.P6

representation before the 2nd respondent seeking expeditious

consideration of the same.

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

submitted that now that Ext.P6 has been filed seeking a direction to the

2nd respondent to regularise the period of service from 15.07.2009 to

10.09.2012 as ordered in Ext.P3, the writ petition can be disposed of by

directing to pass expeditious orders on Ext.P6.

3. I have heard Smt. Nisha Bose, 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) Without expressing any opinion on the merits of the assertions

made in the representation there will be a direction to the

2nd respondent to take up, consider and pass appropriate

orders on Ext.P6, after affording an opportunity of being

heard, either physically or virtually, to the petitioner herein

or her authorised representative and the respondents 6 and

7.

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) 8864/2019

PETITIONER'S EXHIBITS:

EXHIBIT P1         TRUE COPY OF THE JUDGMENT IN W.P(C)
                   NO.34938/2014 DATED 09.02.2018

EXHIBIT P2         TRUE COPY OF THE DECISION REPORTED IN
                   2011 (3) K.L.T 549 DECIDED ON 23RD JUNE


EXHIBIT P3         TRUE COPY OF THE

G.O.4536/2018/G.EDN.DATED 01.11.2018 OF THE GOVERNMENT

Exhibit P4 TRUE COPY OF THE LETTER NO.F2/36112021/DGE DATED 23-03-2021 OF THE DIRECTOR.

Exhibit P5 TRUE COPY OF THE ORDER NO. CT.04/ DATED 25-06-2021 OF THE MANAGER.

Exhibit P6 TRUE COPY OF THE SUBMISSION OF THE PETITIONER DATED 03-07-2021.