Kerala High Court
M.S.Aswathy vs The State Of Kerala on 7 September, 2021
WP(C) NO. 18199 OF 2021 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
TUESDAY, THE 7TH DAY OF SEPTEMBER 2021 / 16TH BHADRA, 1943
WP(C) NO. 18199 OF 2021
PETITIONER:
M.S.ASWATHY
AGED 37 YEARS
WIFE OF AJIL KUMAR, UPPER PRIMARY SCHOOL ASSISTANT,
S S B HIGHER SECONDARY SCHOOL, KADAKKAVOOR,
ATTINGAL, THIRUVANANTHAPURAM DISTRICT-695306,
(RESIDING AT SOUPARNIKA, TRAK-B/19, NEAR RAILWAY
STATION, KADAKKAVOOR, ATTINGAL, THIRUVANANTHAPURAM
DISTRICT-695306).
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-II,
THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695014.
3 THE DISTRICT EDUCATIONAL OFFICER
ATTINGAL, THIRUVANANTHAPURAM-695101.
4 THE MANAGER
SSB HIGHER SECONDARY SCHOOL, KADAKKAVOOR, ATTINGAL,
THIRUVANANTHAPURAM DISTRICT-695306.
5 THE PRINCIPAL
SSB HIGHER SECONDARY SCHOOL, KADAKKAVOOR, ATTINGAL,
THIRUVANANTHAPURAM DISTRICT-695306.
SRI BIJOY CHANDRAN SR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 07.09.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 18199 OF 2021 2
JUDGMENT
The petitioner states that she was initially appointed as UPSA in the
SSPB Higher Secondary School on 31.7.2013 against an additional division
vacancy. However, the proposal for appointment was rejected by Ext.P1
order mainly on the ground that there was no established vacancy to
accommodate the petitioner. Later, she was appointed by the 3rd
respondent with effect from 2.6.2014 as UPSA against a vacancy arising from
the promotion of a regular UPSA as HSA by Ext.P2 order. However, the
approval was rejected by Ext.P3 order on the ground that the post against
which she was appointed has not been established. Though an appeal was
preferred by the manager, no orders have been passed to date. A revision
petition was filed by the petitioner before the Government but the same was
disposed of by Ext.P5 order. The petitioner who was continuing in the school
was left without approval. The petitioner states that when the Manager
interdicted the petitioner from attending the school, she had approached this
Court and had filed W.P.(C) No.5155 of 2020 which was disposed of by this
court by Ext.P7 judgment. Pursuant to the same, the 3rd respondent
rejected the approval of the petitioner on the basis of order dated 2.3.2020.
Being aggrieved, the petitioner is stated to have preferred Ext.P10 revision
petition before the Government. It is in the afore circumstances that this writ
petition is filed seeking the following reliefs:
"(i) Call for the records relating to Exhibit P8 and set aside the
original of the same by the issue of a writ of certiorari or other
appropriate writ or order.
(ii) issue a writ of mandamus or other appropriate writ, order or
direction commanding the 3rd Respondent to grant approval to the
appointment of the Petitioner vide Exhibit P-2 forthwith.
(iii) issue a writ of mandamus or other appropriate writ, order or
direction commanding the 1st Respondent to consider and pass
appropriate orders upon Exhibit P-10 after affording an opportunity
of being heard to the Petitioner within a time limit.
2. Sri. M. Sajjad, the learned counsel appearing for the petitioner
submitted that his limited request is for a direction to the 1st respondent to
consider and pass expeditious orders on Ext.P10.
3. Heard Sri. Bijoy Chandran, the learned Senior Government
Pleader. In view of the nature of order that I propose to pass, notice to the
4th 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, consider
and pass appropriate orders on Ext.P10, 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 respondents 4
and 5.
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) 18199/2021
PETITIONER'S EXHIBITS:
Exhibit P1 TRUE COPY OF THE LETTER
NO.B2/5310/2013/K.DIS DATED 30.03.2015 OF
THE DEO, ATTINGAL.
Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER OF THE
PETITIONER DATED 02.06.2014.
Exhibit P3 TRUE COPY OF THE ORDER
NO.B2/4320/2016/K.DIS. DATED 15.10.2016
OF THE DEO, ATTINGAL.
Exhibit P4 TRUE COPY OF THE APPEAL PETITION FILED
BEFORE THE DIRECTOR DATED 07.11.2016.
Exhibit P5 TRUE COPY OF THE G.O.
(RT.)NO.587/2020/G.EDN. DATED 01.02.2020
OF THE GOVERNMENT.
Exhibit P6 TRUE COPY OF THE G.O.
(RT.)NO.1072/2020/G.EDN. DATED 02.03.2020
OF THE GOVERNMENT.
Exhibit P7 TRUE COPY OF THE JUDGMENT IN
W.P(C)NO.5155/2020 OF THIS HON'BLE COURT
DATED 15.12.2020.
Exhibit P8 TRUE COPY OF THE ORDER
NO.B2/28463/2021/DEO DATED 17.08.2021 OF
THE DEO, ATTINGAL.
Exhibit P9 TRUE COPY OF THE KTET CERTIFICATE OF THE
PETITIONER DATED 29.03.2019.
Exhibit P10 TRUE COPY OF THE REVISION PETITION MOVED
BEFORE THE GOVERNMENT DATED 24.08.2021.
RESPONDENTS' EXHIBITS:
NIL
