Sona C M vs State Of Kerala
2021 Latest Caselaw 19255 Ker

WP(C) NO. 16903 OF 2021      1

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  TUESDAY, THE 14TH DAY OF SEPTEMBER 2021 / 23RD BHADRA, 1943
                    WP(C) NO. 16903 OF 2021
PETITIONER/S:

          SONA C M
          AGED 43 YEARS
          U.P.S.A, KUTHUPARAMBA HIGH SCHOOL,
          KUTHUPARAMBA, KANNUR DISTRICT-670643.

          BY ADV POOVAMULLE PARAMBIL ABDULKAREEM



RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY THE SECRETARY TO GOVERNMENT,
          GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM-695001.

    2     THE DIRECTOR OF GENERAL EDUCATION,
          JAGATHI, THIRUVANANTHAPURAM-695014.

    3     THE DISTRICT EDUCATIONAL OFFICER
          OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
          THALASSERY, KANNUR DISTRICT-670101.

    4     MANAGER, KUTHUPARAMBA HIGH SCHOOL,
          KUTHUPARAMBA, KANNUR DISTRICT-670643.

          SRI BIJOY CHANDRAN, SR GP




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16903 OF 2021                      2

                                         JUDGMENT

The petitioner states that she is working as U.P.S.A. in Kuthuparamba

High School against a newly created post with effect from 01.07.2009 onwards.

Her appointment was rejected by the Educational Authorities on the ground

that she was accommodated as UPSA during the economic ban period and the

4th respondent failed to execute a bond in terms of GO(P) No.10/10/G.Edn.

dated 12.01.2010. She states that, this Court, while considering similar

matters, had directed the Government to consider the petitioners' request

deeming that the Manager had executed the bond. The petitioner submits that

her appointment was approved with effect from 01.06.2011 onwards under the

"Teachers Package". It is in the above background that the petitioner is before

this Court seeking the following reliefs:-

"(i) To issue a writ of mandamus or any other appropriate or order or

direction directing the 1st respondent to consider and pass final orders

on Ext.P6 revision petition dated 21.07.2021 as expeditiously as

possible with deeming that the Manager has executed the bond.

(ii) To issue a writ of certiorari or any other appropriate writ or order

quashing Ext.P2 and to the extent denial of approval of appointment in

Ext.P1 as it is illegal and unjustifiable.

(iii) To issue a writ of mandamus or any other appropriate writ or order

or direction directing the 3rd respondent to approve the appointment of

the petitioner as U.P.S.A. from 01.07.2009 onwards in Kuthuparamba

High School and to direct to disburse all consequential monitory

benefits to her forthwith.

2. Sri. P.P. Abdul Kareem, the learned counsel appearing for the

petitioner submitted that in view of the pendency of the revision petition, the

limited request of the petitioner is for a direction to the 1st respondent to

consider the same and pass orders within a time frame.

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.P6, as per procedure and in

strict adherence to the provisions of law in the light of the law laid

down by this Court in Ext.P5 judgment. An opportunity of being

heard, either physically or virtually, shall be afforded to the

petitioner or her authorised representative and the 4th

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) It is made clear that 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) The petitioner shall 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) 16903/2021

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPOINMENT ORDER DATED 01/07/2009 THUS ISSUED BY THE 4TH RESPONDENT

Exhibit P2 TRUE COPY OF THE ORDER NO.K.DIS/B6/5341/10 DATED 27/06/2010 ISSUED BY THE 3RD RESPONDENT

Exhibit P3 TRUE COPY OF THE ORIGINAL STAFF FIXATION ORDER NO.5424/09/D.DIS.DATED 11/01/2010 ISSUED BY THE 3RD RESPONDENT

Exhibit P4 TRUE COPY OF THE LETTER NO.60930/J2/G.EDN.DATED 25/10/2011 ISSUED BY THE 1ST RESPONDENT.

Exhibit P5 TRUE COPY OF THE JUDGMENT DATED 26/7/2017 IN W.A.NO.2592/2015 PASSED BY THIS HON'BLE COURT

Exhibit P6 TRUE COPY OF THE REVISION PETITION DATED 21/07/2021 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

Exhibit P7 TRUE COPY OF THE JUDGMENT DATED 05/02/2021 IN WP(C)NO.3018/2021 ISSUED BY THE THIS HON'BLE COURT.

RESPONDENTS EXHIBITS:NIL