Bengara Jyothi P.R vs The State Of Kerala
2021 Latest Caselaw 19263 Ker

WP(C) NO. 16808 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. 16808 OF 2021
PETITIONER:

          BENGARA JYOTHI P.R.
          AGED 45 YEARS
          WIFE OF ARUN LAL G.S., G E M S HIGH SCHOOL, POONKODU,
          CHADAYAMANGALAM, KOLLAM DISTRICT-691534.

          BY ADVS.
          V.A.MUHAMMED
          M.SAJJAD



RESPONDENTS:

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

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

    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
14.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 16808 OF 2021                 2

                                  JUDGMENT

The petitioner states that she was appointed as UPST in the G.E.M.S

High School, Poonkodu under the management of the 5th respondent from

01.06.2010 onwards against a promotion vacancy. However, the proposal for

approval was rejected on the ground that the appointment cannot be

approved. The petitioner states that her appointment was later approved from

01.06.2011 onwards. She states that as the appointment was made against a

promotion vacancy, approval ought to have been granted from 1.6.2010

onwards. She has filed Ext.P10 representation before the 1st respondent which

is stated to be pending. It is in the afore circumstances that the petitioner is

before this Court seeking directions.

2. Sri. V.A. Muhammed, the learned counsel appearing for the

petitioner submitted that the limited request of the petitioner is for a direction

to the 1st respondent to take up Ext.P10 representation and take a decision

with due notice.

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

Pleader. In view of the order that I propose to pass, notice to the 5th

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) Without expressing any opinion on the merits of the assertions made

in Ext.P10 representation there will be a direction to the 1st

respondent to take up, consider and pass appropriate orders on

Ext.P10, after affording an opportunity of being heard, either

physically or virtually, to the petitioner herein or her authorised

representative as well as 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) 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.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE NS

APPENDIX OF WP(C) 16808/2021

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 1.6.2010.

Exhibit P2 TRUE COPY OF THE LETTER NO.B3/3398/10/DEO DATED 26.4.2011 OF THE DEO, PUNALUR.

Exhibit P3 TRUE COPY OF THE APPEAL PETITION FILED BY THE MANAGER DATED 10.5.2011 BEFORE THE DDE, KOLLAM.

Exhibit P4 TRUE COPY OF THE ORDER NO.B6/8049/2011/K.DIS. DATED 12.3.2012 OF THE DDE, KOLLAM.

Exhibit P5 TRUE COPY OF THE LETTER ADDRESSED TO THE DDE BY THE PETITIONER.

Exhibit P6 TRUE COPY OF THE ENDT. N.DIS.B6/17924/16 DATED 5.10.2016 OF THE DDE, KOLLAM.

Exhibit P7 TRUE COPY OF THE JUDGMENT IN W.A.NO.2290/2015 DATED 25.7.2017.

Exhibit P8 TRUE COPY OF THE JUDGMENT IN W.A.NO.2091/2018 DATED 28.6.2019.

Exhibit P9 TRUE COPY OF THE GOVERNMENT LETTER NO.60930/J2/11/G.EDN. DATED 25.10.2011.

Exhibit P10 TRUE COPY OF THE REPRESENTATION DATED 3.7.2021 FILED BY THE PETITIONER BEFORE THE GOVERNMENT.

Exhibit P11 TRUE COPY OF THE STAFF FIXATION ORDER 2010-2011 DATED 28.2.2011.

RESPONDENTS' EXHIBITS:

NIL