Drusya K T vs The State Of Kerala
2022 Latest Caselaw 11315 Ker

           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                            PRESENT

        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  FRIDAY, THE 2ND DAY OF DECEMBER 2022 / 11TH AGRAHAYANA, 1944
                     WP(C) NO. 39017 OF 2022
PETITIONER/S:

          DRUSYA K T.,
          AGED 33 YEARS
          WIFE OF DHANESH, LOWER PRIMARY SCHOOL TEACHER,
          MOORAD MAPPILA LOWER PRIMARY SCHOOL, PUTHUPPANAM,
          VADAKARA, KOZHIKODE DISTRICT-673 105.

          BY ADVS.
          V.A.MUHAMMED
          M.SAJJAD

RESPONDENT/S:

    1     THE STATE OF KERALA,
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
          EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
          THIRUVANANTHAPURAM-695 001.

    2     THE DIRECTOR OF GENERAL EDUCATION,
          JAGATHY, THIRUVANANTHAPURAM-695 014.

    3     THE DISTRICT EDUCATIONAL OFFICER,
          VADAKARA, KOZHIKODE DISTRICT-673 101.

    4     THE ASSISTANT EDUCATIONAL OFFICER,
          VADAKARA, KOZHIKODE DISTRICT-673 101.

    5     THE MANAGER, MOORAD MAPPILA LOWER PRIMARY SCHOOL,
          PUTHUPPANAM, VADAKARA, KOZHIKODE DISTRICT-673 105.

    6     THE HEADMASTER, MOORAD MAPPILA LOWER PRIMARY SCHOOL,
          PUTHUPPANAM, VADAKARA, KOZHIKODE DISTRICT-673 105.
 W.P. (C) No.39017 of 2022          2




      7         SMT. P.A. SHAHARBANU,
                LOWER PRIMARY SCHOOL TEACHER, MOORAD MAPPILA LOWER
                PRIMARY SCHOOL, PUTHUPPANAM, VADAKARA, KOZHIKODE
                DISTRICT-673 105.

                SMT.NISHA BOSE, SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
02.12.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P. (C) No.39017 of 2022                3




                                        JUDGMENT

The petitioner states that she was appointed as UPST in the Moorad

Mappila Lower Primary School, Vadakara, with effect from 1.10.2014 against a

promotion vacancy. The grievance of the petitioner is that the AEO has

approved the appointment of the petitioner only on a daily wage basis. Being

aggrieved and seeking approval on a pay scale basis, the petitioner is stated to

have preferred Ext.P9 revision petition before the 1st respondent. The prayer

in this writ petition is for expeditious consideration of the same by the 1st

respondent.

2. I have heard Sri.M.Sajjad, the learned counsel appearing for the

petitioner and the learned Government Pleader.

3. In view of the limited nature of the relief sought, no prejudice

would be caused if notice to respondents 5 to 7 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.P9

after affording an opportunity of being heard, either

physically or virtually, to the petitioner herein or her

authorized representative and respondents 5 to 7.

b) Orders, as directed above, shall be passed

expeditiously, in any event, within four 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 Sru

APPENDIX OF WP(C) 39017/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.10.2014.

Exhibit P2 TRUE COPY OF THE STAFF FIXATION ORDER 2014-2015 DATED 05.07.2014 OF THE AEO, VADAKARA.

Exhibit P3 TRUE COPY OF THE STAFF FIXATION ORDER 2015-2016 DATED 29.03.2016 OF THE AEO, VADAKARA.

Exhibit P4 TRUE COPY OF THE ORDER NO. D.DIS.E/967/2017 DATED 19.05.2017 OF THE AEO, VADAKARA.

Exhibit P5 TRUE COPY OF THE ORDER NO. D.DIS/G-105/17 DATED 02.02.2017 OF THE AEO, VADAKARA.

Exhibit P6 TRUE COPY OF THE ORDER NO. K.DIS.B5-29/2018 DATED 27.03.2018 OF THE DEO, VADAKARA.

Exhibit P7 TRUE COPY OF THE ORDER NO. B5/197831/2022 DATED 28.10.2022 OF THE DEO, VADAKARA.

Exhibit P8 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE 2ND RESPONDENT DATED 16.09.2019.

Exhibit P9 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 31.10.2022.

RESPONDENTS EXHIBITS : NIL