Savithri K.J vs State Of Kerala
2022 Latest Caselaw 10200 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

           THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

     THURSDAY, THE 15TH DAY OF SEPTEMBER 2022 / 24TH BHADRA, 1944

                        WP(C) NO. 29398 OF 2022
PETITIONER/S:

           SAVITHRI K.J.
           AGED 37 YEARS
           W/O SASIKUMAR.K, UPST, CNN GIRLS HS, CHERPU,
           THRISSUR DISTRICT (RESIDING AT KARATHAZHIYATH MANA,
           VALLACHIRA, THRISSUR-680 562)

           BY ADVS.
           T.T.MUHAMOOD
           A.RENJIT
           V.E.ABDUL GAFOOR
           A.MOHAMMED SAVAD
           NAZEER HUZAIN.H
           T.R.VISHNU

RESPONDENT/S:

     1     STATE OF KERALA
           REP BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION
           DEPARTMENT, GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM-695001.

     2     THE DIRECTOR OF GENERAL EDUCATION
           DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
           THIRUVANANTHAPURAM -695001.

     3     THE DISTRICT EDUCATIONAL OFFICER
           OFFICE OF THE DEO, THRISSUR, PIN-680121.

     4     THE MANAGER
           CNN GIRLS HS CHERPU, THRISSUR DISTRICT-680561.




           SMT.NISHA BOSE, SR GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION        ON
15.09.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 29398 OF 2022                   2



                                           JUDGMENT

Instant writ petition is filed seeking the following reliefs:

i) a writ of mandamus or any other appropriate writ, order or direction, directing the respondents to grant approval to the petitioner's appointment as UPST on scale of pay basis w.e.f 22.6.2009 onwards without any break.

ii) a writ of mandamus or any other appropriate writ, order or direction, directing the 1st respondent to consider and pass orders on Ext.P5 representation within the time stipulated by this Hon'ble Court.

2. Sri.T.T.Muhamood, the learned counsel appearing for the

petitioner, submitted that the action on the part of the respondents in limiting

the approval from 22.6.2009 to 31.5.2010 and that too on a daily wage basis

cannot be sustained. The petitioner contends that raising her grievances, she

has preferred Ext.P5 representation before the 1st respondent and seeks

expeditious disposal of the same.

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

of the order that I propose to pass, notice to the 4th 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 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.P5, after

affording an opportunity of being heard, either physically or

virtually, to the petitioner herein or her authorized

representative and the 4th respondent.

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) 29398/2022

PETITIONERS EXHIBITS

Exhibit P1 TRUE COPY OF APPOINTMENT ORDER DATED 22.06.2009 ISSUED BY THE MANAGER, CNN GIRLS HS CHERPU.

Exhibit P2 TRUE COPY OF ORDER NO.B3-3193/2015/K.DIS DATED 10.09.2015 ISSUED BY THE 3RD RESPONDENT.

Exhibit P3 TRUE COPY OF ORDER NO. B3/3276/16/L.DIS DATED 17.06.2017 ISSUED BY THE 3RD RESPONDENT.

Exhibit P4 TRUE COPY OF PETITION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 28.06.2018.

Exhibit P5 TRUE COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 25.06.2022.

RESPONDENTS EXHIBITS : NIL