Kerala High Court
Binu B.S vs The State Of Kerala on 3 September, 2021
WP(C) NO. 17852 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 3RD DAY OF SEPTEMBER 2021 / 12TH BHADRA, 1943
WP(C) NO. 17852 OF 2021
PETITIONER/S:
BINU B.S.,
AGED 41 YEARS,
UPPER PRIMARY SCHOOL ASSISTANT, G.E.M.S. HIGH
SCHOOL, POONKODU, CHADAYAMANGALAM,
KOLLAM DISTRICT - 691 534.
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM - 695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM - 695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
KOLLAM AT THEVALLY - 691009.
4 THE DISTRICT EDUCATIONAL OFFICER,
PUNALUR, KOLLAM DISTRICT - 691305.
5 THE MANAGER,
G E M S HIGH SCHOOL, POONKODU, CHADAYAMANGALAM,
KOLLAM DISTRICT - 691534.
SMT NISHA BOSE, SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 17852 OF 2021 2
JUDGMENT
The petitioner states that she was appointed as UPSA in GEMS High
School, an aided school, under the management of the 5th respondent from
1.6.2010 onwards. However, the approval was rejected on the ground that
the appointment to the additional post could not be approved. Later, the
appointment was approved from 1.6.2011 onwards and the petitioner is
continuing in service with salary since then. The petitioner states that being
aggrieved by the refusal of approval from 1.6.2010, she has filed Ext.P11
representation before the Government. It is in the afore circumstances that
the petitioner is before this Court seeking the following reliefs:
"(i) call for the records relating to Exhibits-P2 and P7 and set aside the
originals of the same by the issue of a writ of certiorari or other
appropriate writ or order.
(ii) declare that the petitioner is entitled to get approval to her appointment
from 01.06.2010 onwards and consequential benefits.
(iii) issue a writ of mandamus or other appropriate writ order or direction
commanding the respondents to approve the appointment of the
petitioner from 01.06.2010 as UPSA and disburse the attendant
benefits forthwith.
(iv) issue a writ of mandamus or other appropriate writ order or direction
commanding the 1st respondent to consider and pass appropriate
orders upon Exhibit-P11 with notice to the petitioner and in a time
bound manner."
2. Sri. M. Sajjad, the learned counsel appearing for the petitioner
submitted that the limited request of the petitioner is for a direction to the 1st
respondent to consider and pass appropriate orders on Ext.P11 within a time
frame.
3. Heard the learned Government Pleader and have considered the
submissions advanced. In view of the nature of the order that I propose to
pass, notice to the party respondent is dispensed with.
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 1st respondent to take up
Ext.P11 representation filed by the petitioner and pass
orders with notice to the petitioner as well as the 5th
respondent, after affording an opportunity of being heard,
either physically or virtually.
b) Orders shall be passed expeditiously, in any event, within a
period of three months from the date of receipt 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.
The writ petition is disposed of.
Sd/-
RAJA VIJAYARAGHAVAN V
JUDGE
DSV
APPENDIX OF WP(C) 17852/2021
PETITIONER (S) EXHIBITS :
Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER DATED 01.06.2010.
Exhibit P2 TRUE COPY OF THE LETTER
NO.B3/3130/2010/D.DIS. DATED 27.04.2011 OF
THE DEO, PUNALUR.
Exhibit P3 TRUE COPY OF THE APPEAL PETITION SUBMITTED
BY THE MANAGER DATED 10.05.2011.
Exhibit P4 TRUE COPY OF THE ORDER
NO.B6/8051/2011/K.DIS. DATED 03.03.2012 OF
THE DDE, KOLLAM.
Exhibit P5 TRUE COPY OF THE APPROVAL ORDER
NO.B3/9674/11/D.DIS. DATED 24.12.2011 OF
THE DEO, PUNALUR.
Exhibit P6 TRUE COPY OF THE LETTER ADDRESSED TO THE
DDE, KOLLAM.
Exhibit P7 TRUE COPY OF THE ENDT.NO.B6/17923/16 DATED
05.10.2016 OF THE DDE, KOLLAM.
Exhibit P8 TRUE COPY OF THE JUDGMENT IN
W.A.NO.2290/2015 DATED 25.07.2017.
Exhibit P9 TRUE COPY OF THE JUDGMENT IN
W.A.NO.2091/2018 DATED 28.06.2019.
Exhibit P10 TRUE COPY OF THE GOVERNMENT LETTER
NO.60930/J2/11/G.EDN. DATED 25.10.2011.
Exhibit P11 TRUE COPY OF THE REPRESENTATION DATED
03.07.2021 FILED BY THE PETITIONER BEFORE
THE GOVERNMENT.
RESPONDENT (S) EXHIBITS : NIL
