Citation : 2022 Latest Caselaw 866 Ker
Judgement Date : 21 January, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
FRIDAY, THE 21ST DAY OF JANUARY 2022 / 1ST MAGHA, 1943
WP(C) NO. 2160 OF 2022
PETITIONER:
BEENA P.,
AGED 44 YEARS, WIFE OF K.CHANDRA MOHAN,
HIGH SCHOOL TEACHER (MALAYALAM),
M E S HIGHER SECONDARY SCHOOL,
MANNARKKAD, PALAKKAD DISTRICT 678 582,
(RESIDING AT PACHILANGODE HOUSE,
KUTTAMASSERY, THIRUVAZHIYODE,
PALAKKAD DISTRICT 678 514).
BY ADVS.
SRI.V.A.MUHAMMED
SRI.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,
JAGATHY,
THIRUVANANTHAPURAM 695 014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
CIVIL STATION, KANATHUPARAMBU,
KUNATHURMEDU,
PALAKKAD DISTRICT 678 001.
4 THE DISTRICT EDUCATIONAL OFFICER,
MANNARKKAD,
PALAKKAD DISTRICT 678 583.
5 THE CORPORATE MANAGER,
M E S SCHOOL, BANK ROAD,
KOZHIKODE 673 001.
W.P.(C) No.2160/22 -:2:-
SMT.NISHA BOSE, SR.GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 21.01.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
W.P.(C) No.2160/22 -:3:-
BECHU KURIAN THOMAS, J.
--------------------------------
W.P.(C) No.2160 of 2022
---------------------------------
Dated this the 21st day of January, 2022
JUDGMENT
Petitioner claims to have been appointed as HSA
(Malayalam) against a leave vacancy from 01.09.2016 till
20.07.2020. Petitioner was subsequently shifted against a new
post from 15.07.2017 onwards. However, she alleges that her
salary has been denied up to 05.02.2021, while her appointment
was approved.
2. Aggrieved by the denial of salary, petitioner has
preferred a statutory representation, as Ext.P9, before the first
respondent and is pending consideration for the last more than
two months.
3. Sri.V.A.Muhammed, learned counsel for the petitioner
submitted that the petitioner will be satisfied by a direction to
the first respondent to consider and dispose of Ext.P9 in a time
bound manner.
4. In view of the above submission and after hearing
Smt.Nisha Bose, the learned Senior Government Pleader, I am of
the view that this writ petition can be disposed of directing
Ext.P9 representation to be considered in a time bound manner.
Accordingly, this writ petition is disposed of directing the
first respondent to consider and pass appropriate orders on
Ext.P9 representation 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 an opportunity of hearing
to the petitioner.
Sd/-
BECHU KURIAN THOMAS JUDGE vps
APPENDIX OF WP(C) 2160/2022
PETITIONER'S/S' EXHIBITS EXHIBIT P1 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 01.09.2016. EXHIBIT P2 TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER DATED 15.07.2017. EXHIBIT P3 TRUE COPY OF THE G.O.(P) NO.
4/2021/G.EDN. DATED 06.02.2021 OF THE GOVERNMENT.
EXHIBIT P4 TRUE COPY OF THE ORDER NO. B4/20830/2201 DATED 24.04.2021 OF THE AEO, MANNARKKAD. EXHIBIT P4 (a) TRUE COPY OF THE ORDER NO. B4/20764/2021 DATED 26.04.2021 OF THE AEO, MANNARKKAD. EXHIBIT P5 TRUE COPY OF THE G.O.(RT) NO.
596/2020/GEDN DATED 01.02.2020 OF THE GOVERNMENT.
EXHIBIT P6 TRUE COPY OF THE G.O.(RT)NO.
252/2020/GEDN DATED 15.01.2020 OF THE GOVERNMENT.
EXHIBIT P7 TRUE COPY OF THE G.O.(RT)NO.
4748/2017/G.EDN. DATED 13.12.2017 OF THE GOVERNMENT.
EXHIBIT P8 TRUE COPY OF THE G.O.(RT) NO.
3620/2017/G.EDN. DATED 09.10.2017 OF THE GOVT.
EXHIBIT P9 TRUE COPY OF THE REPRESENTATION SUBMITTED BEFORE THE GOVERNMENT 01.11.2021. (WITHOUT EXHIBITS).
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