C.K.Lekha vs The State Of Kerala
2022 Latest Caselaw 1718 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
          THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
    WEDNESDAY, THE 16TH DAY OF FEBRUARY 2022 / 27TH MAGHA, 1943
                        WP(C) NO. 5230 OF 2022
PETITIONER:

          C.K.LEKHA,
          AGED 48 YEARS
          WIFE OF THULASEEDHARAN PILLAI,
          HIGHER SECONDARY SCHOOL, TEACHER (HINDI),
          AMRITA SANSKRIT HIGHER SECONDARY SCHOOL, P.O.
          PARIPALLY, KOLLAM DISTRICT 691 574, (RESIDING AT
          CHANDRAKANTHAM, TOWN WARD, PARIPPALLY, KOLLAM DISTRICT
          691 574).
          BY ADVS.
          V.A.MUHAMMED(M-351)
          M.SAJJAD


RESPONDENTS:

    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,
          (HIGHER SECONDARY WING),
          HOUSING BOARD BUILDINGS, SANTHI NAGAR,
          THIRUVANANTHAPURAM 695 001.
    3     THE REGIONAL DEPUTY DIRECTOR OF
          HIGHER SECONDARY EDUCATION, CORPORATION BUILDING,
          PALAYAM, THIRUVANANTHAPURAM 695 033.
    4     THE DISTRICT EDUCATIONAL OFFICER,
          CIVIL STATION, KOLLAM DISTRICT 691 013.
    5     THE PRINCIPAL,
          AMRITA SANSKRIT HIGHER SECONDARY SCHOOL,
          P.O. PARIPALLY, KOLLAM DISTRICT 691 574.
OTHER PRESENT:

          ADV. NISHA BOSE -SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
16.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5230 OF 2022
                             2



              BECHU KURIAN THOMAS, J.
         -----------------------------------------
               W.P.(C) No. 5230 of 2022
          ----------------------------------------
       Dated this the 16th day of February, 2022


                         JUDGMENT

Petitioner was appointed as HSST (Hindi) on

31/01/2018 as per Ext.P3. The application for approval

submitted by the Manager was rejected against which a

revision petition was preferred as early as on 10/10/2018

before the 1st respondent. While the revision was pending

consideration before the 1st respondent, the Manager

resubmitted the proposal for approval of the petitioner.

However, the same has also been rejected by the 3rd

respondent on 4/2/2022. In view of the aforesaid

rejection, consideration of Ext.P9 revision petition has

become necessary, contends the counsel for petitioner.

2. Having regard to the circumstances pointed out

by the learned counsel for the petitioner and after hearing

the learned Senior Government Pleader, I am of the view WP(C) NO. 5230 OF 2022

that, the writ petition itself can be disposed of directing an

expeditious consideration of Ext.P9 revision petition.

3. Accordingly, the writ petition is disposed of

directing Ext.P9 revision petition pending before the

1st respondent to be considered as expeditiously as

possible, at any rate, within a period of three months from

the date of receipt of a copy of this judgment, after

granting opportunity of hearing to the petitioner as well as

others interest.

4. Since the petitioner was earlier itself granted

salary in the lower scale of pay in the cadre of HSA, in

view of the circular dated 6/11/1989, petitioner shall be

continued to be paid salary at the lower scale of the pay

during the period, the revision is under consideration.

The revision petition is disposed of as above.

Sd/-

BECHU KURIAN THOMAS JUDGE AJM WP(C) NO. 5230 OF 2022

APPENDIX OF WP(C) 5230/2022

PETITIONER'S EXHIBITS :

Exhibit P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 04/06/1997 ALONG WITH APPROVAL RECORDED THEREON.

Exhibit P2 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 05/06/2000 ALONG WITH APPROVAL RECORDED THEREON.

Exhibit P3 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 31/01/2018.

Exhibit P4 TRUE COPY OF THE ORDER NO.TRO-

10/1493/HSE/2018 DATED 04/05/2018 OF THE RDD HSE, THIRUVANANTHAPURAM.

Exhibit P5 TRUE COPY OF THE ORDER NO.TRO-

10/1509/HSE/2018 DATED 20/06/2019 OF THE RDD HSE, THIRUVANANTHAPURAM.

Exhibit P6 TRUE COPY OF THE ORDER NO.TRO-

10/655/2022/HSE DATED 04/02/2022 OF THE RDD HSE, THIRUVANANTHAPURAM.

Exhibit P7 TRUE COPY OF THE LETTER NO.ACD.B4/122052/18/DHSE DATED 06/08/2018 OF THE JOINT DIRECTOR ADDRESSING THE RDD HSE, THIRUVANANTHAPURAM.

Exhibit P8 TRUE COPY OF THE LETTER NO.ACD.B4/122052/18/DHSE DATED 30/10/2018 OF THE JOINT DIRECTOR ADDRESSING THE PETITIONER.

Exhibit P9 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE MANAGER BEFORE THE GOVERNMENT DATED 10/10/2018.

Exhibit P10 TRUE COPY OF THE CIRCULAR NO.23323/J1/89/G.EDN. DATED 06/11/1989.

Exhibit P11 TRUE COPY OF THE JUDGMENT IN WP(C) WP(C) NO. 5230 OF 2022

NO.20953/2021 DATED 04/10/2021.

Exhibit P12 TRUE COPY OF THE JUDGMENT IN WP(C) NO.32084/2017 DATED 09/10/2017.

Exhibit P13 TRUE COPY OF THE JUDGMENT WP(C) NO.33755/2016 DATED 07/12/2016.

RESPONDENT'S EXHIBITS : NIL


AJM                //TRUE COPY//       PA TO JUDGE