Shehara Banu C.H vs The State Of Kerala
2021 Latest Caselaw 19313 Ker

WP(C) NO. 18887 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. 18887 OF 2021
PETITIONER:
          SHEHARA BANU C.H
          AGED 45 YEARS
          WIFE OF A.K.SAINUDHEEN, UPPER PRIMARY SCHOOL ASSISTANT
          (UPST),
          P T M U P SCHOOL, AMMINIKKAD,
          PERINTHALMANNA, MALAPPURAM-679322.

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


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
          MALAPPURAM DISTRICT-676519.

    4     THE ASSISTANT EDUCATIONAL OFFICER
          PERINTHALMANNA, MALAPPURAM DISTCIT-679322.

    5     THE MANAGER
          P T M U P SCHOOL, AMMINIKKAD, PERINTHALMANNA,
          MALAPPURAM-679322.

          SRI BIJOY CHANDRAN 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. 18887 OF 2021                      2

                                       JUDGMENT

The instant writ petition is filed seeking the following reliefs:

"i) call for the records relating to Exhibits P1 and P2 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 15.07.2006 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 15.07.2006 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 P7 with notice to the petitioner and in a time bound manner.

2. When this matter was taken up for consideration,

Sri.V.A.Muhammed, the learned counsel appearing for the petitioner, submits

that the limited request of the petitioner is for expeditious consideration of

Exhibit-P7 representation in the light of the law laid down in Exhibits P4 and P5.

3. I have heard Sri.Bijoy Chandran, the learned Senior Government

Pleader. In view of the nature of 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 the representation, the 1st respondent is directed to

take up, consider and pass appropriate orders on Exhibit-P7

representation in the light of the law laid down in Exhibits P4 and

P5, as per procedure and in strict adherence to the provisions of

law, after affording an opportunity of being heard, either

physically or virtually, to the petitioner herein or her authorised

representative and the 5th respondent.

b) Orders shall be passed expeditiously, in any event, within a period

of two 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 IAP

APPENDIX OF WP(C) 18887/2021

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE ORDER NO.C/1284/10/K.DIS.DATED 09.06.2010 OF THE AEO, PERINTHALMANNA

Exhibit P2 TRUE COPY OF THE ORDER NO.K.DIS.B1/10088/2010 DATED 18.04.2011 OF DEO, MALAPPURAM

Exhibit P3 TRUE COPY OF THE ORDER No.K.DIS.C/4424/2011 DATED 20.12.2011 OF THE AEO, PERINTHALMANNA

Exhibit P4 TRUE COPY OF THE JUDGMENT IN W.A.NO.2290/2015 DATED 25.07.2017

Exhibit P5 TRUE COPY OF THE JUDGMENT IN W.A.NO.2091/2018 DATED 28.06.2019

Exhibit P6 TRUE COPY OF THE GOVERNMENT LETTER NO.60930/J2/11/G.EDN. DATED 25.10.2011

Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 03.08.2021 FILED BY THE PETITIONER BEFORE THE GOVERNMENT

Exhibit P8 TRUE COPY OF THE PETITION SUBMITTED BEFORE THE MINISTER OF EDUCATION DATED 31.07.2015

Exhibit P9 TRUE COPY OF THE G.O.(P)NO.2/2018.G.EDN.

DATED 16.02.2018 OF THE GOVT.

RESPONDENTS' EXHIBITS:

NIL