Vinithakumari S vs The State Of Kerala
2022 Latest Caselaw 6848 Ker

WP(C) NO. 19272 OF 2022         1



            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
        THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
                    WP(C) NO. 19272 OF 2022
PETITIONER:

           VINITHA KUMARI S.,
           W/O. SADANANDAN K. G., S.A. SADANAM,
           KOCHUPUTHENPURAYIL, PAVUKKARA PO, MANNAR,
           ALAPPUZHA-689 622. (LABORATORY ASSISTANT DEVASWOM
           BOARD HIGHER SECONDARY SCHOOL, PARUMALA)

           BY ADVS.
           S.SUBHASH CHAND
           ASWATHY JINADEVAN



RESPONDENTS:

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

    2      THE DIRECTOR OF GENERAL EDUCATION,
           OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
           THIRUVANANTHAPURAM-695 001.

    3      THE REGIONAL DEPUTY DIRECTOR,
           HIGHER SECONDARY EDUCATION, OFFICE OF THE REGIONAL
           DEPUTY DIRECTOR, CHENGANNUR - 689121.

    4      THE PRINCIPAL,
           DEVASWOM BOARD HIGHER SECONDARY SCHOOL, PARUMALA
           PO, PATHANAMTHITTA-689626.


    5      THE CORPORATE MANAGER/SECRETARY,
           TRAVANCORE DEVASWOM BOARD SCHOOLS, DEVASWOM
           BUILDINGS, NANTHANCODE PO,
           THIRUVANANTHAPURAM-695 033.
 WP(C) NO. 19272 OF 2022          2




           SMT NISHA BOSE, SR GOVERNMENT PLEADER




      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   14.06.2022,   THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 19272 OF 2022            3




                                JUDGMENT

The petitioner contends that she entered service as a Laboratory

Assistant in the Devaswom Board Higher Secondary School, Parumala, an

aided school managed by the 5th respondent with effect from 5.6.2002.

According to the petitioner, approval was granted only with effect from

28.3.2003. Later, when the Government granted permission to approve the

post with effect from the date of appointment, Ext.P1 order was issued by

the 3rd respondent granting approval from the initial date of appointment.

In the said circumstances, the petitioner claimed higher grade benefits, but

the same was rejected by Ext.P3 order. According to the petitioner, persons

similarly placed as the petitioner were granted the benefits as is evident

from Exts.P4 and P5. Highlighting her grievance, the petitioner is stated to

have preferred Ext.P7 representation before the 1st respondent. It is in the

above backdrop that the petitioner is before this Court seeking issuance of

directions to the 1st respondent to consider and pass orders on Ext.P7

adverting to Exts.P4 to P6.

2. I have heard Sri. Subhash Chand S, the learned counsel

appearing for the petitioner and Smt.Nisha Bose, the learned Senior

Government Pleader. In the nature of the order that I propose to pass,

notice to the respondents 4 and 5 is dispensed with.

3. 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 at

the admission stage itself 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.P7, after affording

an opportunity of being heard, either physically or virtually, to

the petitioner herein or her authorised representative and the

respondents 4 and 5.

b) Orders, as directed above, shall be passed expeditiously, in any

event, within a period of two 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 to ensure compliance.

This writ petition is disposed of.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE IAP

APPENDIX OF WP(C) 19272/2022

PETITIONER'S EXHIBITS:

Exhibit P1 TRUE COPY OF THE ORDER BEARING NO.3178/C7/ 2019/RDD/CNGR DATED 30.04.2019 THUS ISSUED BY RESPONDENT NO.3

Exhibit P2 TRUE COPY OF THE COVERING LETTER OF RESPONDENT NO.4 TO RESPONDENT NO.3 BEARING NO.139/21-22 DATED 31.03.2022.

Exhibit P3 TRUE COPY OF THE ENDORSED ORDER OF RESPONDENT NO.3 ON THE BACKSIDE OF EXT.P2 COVERING LETTER.

Exhibit P4 TRUE COPY OF THE PAY FIXATION STATEMENT OF ONE SRI.MADHUSOODANAN PILLAI, LAB ASSISTANT, DEVASWOM BOARD HIGHER SECONDARY SCHOOL, PARUMALA.

Exhibit P5 TRUE COPY OF THE GOVERNMENT ORDER OF RESPONDENT NO.1 BEARING NO.A3/212/2020/ G.EDN. DATED 12.10.2021.

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 26.11.2021 IN WP(C).NO.25286/2021.

Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 06.05.2022 THUS SUBMITTED BY THE PETITIONER BEFORE RESPONDENT NO.1.

RESPONDENTS' EXHIBITS:

NIL