Sruthi. M vs Secretary To Govt
2022 Latest Caselaw 6491 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
      THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  WEDNESDAY, THE 8TH DAY OF JUNE 2022 / 18TH JYAISHTA, 1944

                  WP(C) NO. 18436 OF 2022

PETITIONER/S:

           SRUTHI. M
           AGED 35 YEARS
           W/O DILEEP. E.K,
           LOWER PRIMARY SCHOOL TEACHER,
           IRINGAL U.P. SCHOOL, C. POYIL,
           PARIYARAM, PARIYARAM P.O, KANNUR DIST.
           PIN : 670502
           RESIDING AT 'PRASANTHI', KANDANKALI P.O,
           PAYYANNUR, KANNUR DIST. , PIN - 670307

           BY ADV MURALI PALLATH

RESPONDENT/S:

    1      STATE OF KERALA
           REPRESENTED BY SECRETARY TO GOVT.
           GENERAL EDUCATION DEPARTMENT,
           GOVT. SECRETARIAT (ANNEX)
           THIRUVANANTHAPURAM., PIN - 695001

    2      THE DIRECTOR OF GENERAL EDUCATION
           JAGATHY, THYCAUD P.O,
           THIRUVANANTHAPURAM. , PIN - 695014

    3      THE DEPUTY DIRECTOR OF EDUCATION
           THANA P.O., KANNUR DIST., PIN - 670002

    4      THE DISTRICT EDUCATIONAL OFFICER
           TALIPARAMBA, MINI CIVIL STATION,
           TALIPARAMBA, KANNUR DIST., PIN - 670141

    5      THE ASST. EDUCATIONAL OFFICER
           TALIPARAMBA NORTH, TALIPARAMBA,
           KANNUR DIST., PIN - 670141
 WP(C) NO. 18436 OF 2022

                             2



    6      THE MANAGER
           IRINGAL U.P. SCHOOL, C. POYIL,
           PARIYARAM, PARIYARAM P.O,
           KANNUR DIST. , PIN - 670502

           SMT NISHA BOSE SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 08.06.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 18436 OF 2022

                                       3


                                    JUDGMENT

The petitioner has approached this Court challenging Exhibit P14

order, by which respondents have denied approval to the petitioner as

U.P.S.A from 01.06.2010 onwards. She has also sought for a declaration

that she is entitled to approval as U.P.S.A with retrospective effect from

01.06.2010 to 31.05.2011 on a scale of pay basis.

2. Sri. Murali Pallath, the learned counsel appearing for the

petitioner submitted that highlighting her grievances, the petitioner has

preferred Exhibit P17 revision petition, which is pending before the 1st

respondent. The request of the learned counsel is for issuance of directions

to the 1st respondent to expeditiously consider Ext.P17 revision petition and

to take a decision.

3. Heard the learned Government Pleader as well. In view of the

nature of the order that I propose to pass, notice to the 6th 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:

WP(C) NO. 18436 OF 2022

a) There will be a direction to the 1st respondent to

take up, consider and pass appropriate orders on Ext.P17

revision petition, after affording an opportunity of being heard,

either physically or virtually, to the petitioner herein or her

authorized representative and the 6th 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.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

avs WP(C) NO. 18436 OF 2022

APPENDIX OF WP(C) 18436/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF APPOINTMENT ORDER DATED 01.06.2010 ISSUED BY THE 6TH RESPONDENT

Exhibit P2 TRUE COPY OF ORDER NO. K.DIS./C/1842/10 DATED 19.02.2011 ISSUED BY THE 5TH RESPONDENT

Exhibit P3 TRUE COPY OF ORDER NO. K.DIS./C/1961/10 DATED 09.02.2011 ISSUED BY THE 5TH RESPONDENT

Exhibit P4 TRUE COPY OF REPRESENTATION DATED 31.10.2011 SUBMITTED BY THE PETITIONER TO THE 6TH RESPONDENT

Exhibit P5 TRUE COPY OF ORDER NO. K.DIS./C/1740/11 DATED 07.02.2012 ISSUED BY THE 5TH RESPONDENT

Exhibit P6 TRUE COPY OF REPRESENTATION DATED 07.01.2013 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT

Exhibit P7 TRUE COPY OF REPRESENTATION DATED 19.01.2013 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT

Exhibit P8 TRUE COPY OF GOVT. LETTER NO. 4222/P3/2013/ G.EDN. DATED 16.03.2013

Exhibit P9 TRUE COPY OF APPOINTMENT ORDER DATED 09.07.2013 ISSUED BY THE 6TH RESPONDENT

Exhibit P10 TRUE COPY OF LETTER DATED 18.07.2013 OF THE 6TH RESPONDENT

Exhibit P11 TRUE COPY OF GOVT. LETTER NO.4222/P3/2013/ G.EDN. DATED 08.10.2013

Exhibit P12 TRUE COPY OF LETTER NO. C/1796/12 DATED 06.01.2014 OF THE 5TH RESPONDENT WP(C) NO. 18436 OF 2022

Exhibit P13 TRUE COPY OF LETTER NO. C/1796/12 DATED 23.07.2014 SUBMITTED BY THE 5TH RESPONDENT

Exhibit P14 TRUE COPY OF GOVT. LETTER NO.17340/P3/2014 /G.EDN. DATED 23.04.2016.

Exhibit P15 TRUE COPY OF ORDER NO. K.DIS./C/2512/16 DATED 20.06.2016 OF THE 5TH RESPONDENT

Exhibit P16 TRUE COPY OF REPRESENTATION DATED 13.04.2017 SUBMITTED BY SRI. M.V. PRABHAKARAN, THE PETITIONER'S FATHER

Exhibit P17 TRUE COPY OF REVISION PETITION DATED 20.05.2022 SUBMITTED BY THE APPLICANT BEFORE THE 1ST RESPONDENT