Saleena N vs State Of Kerala
2023 Latest Caselaw 4669 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                        WP(C) NO. 13205 OF 2023
PETITIONER:

          SALEENA N
          AGED 38 YEARS
          W/O. NASEER BABU HST (ENGLISH),
          ANANGANADI HIGHER SECONDARY SCHOOL,
          PANAMMANNA P.O, PALAKKAD DISTRICT., PIN - 679501
          BY ADV R.K.MURALEEDHARAN


RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY SECRETARY TO GENERAL EDUCATION
          DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001
    2     THE DIRECTOR OF GENERAL EDUCATION
          DIRECTORATE OF GENERAL EDUCATION, JAGATHI,
          THIRUVANANTHAPURAM., PIN - 695014
    3     DEPUTY DIRECTOR OF EDUCATION
          OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
          PALAKKAD, PALAKKAD DISTRICT., PIN - 678001
    4     THE DISTRICT EDUCATIONAL OFFICER
          OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
          OTTAPPALAM, PALAKKAD DISTRICT., PIN - 679101
    5     THE MANAGER
          ANANGANADI HIGHER SECONDARY SCHOOL,
          PANAMMANNA P.O, PALAKKAD DISTRICT., PIN - 679501
OTHER PRESENT:

          SMT.NISHA BOSE, SR.GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13205 OF 2023
                                  2



                P.V.KUNHIKRISHNAN, J.
              ===================
               WP(C) No. 13205 OF 2023
              ===================
           Dated this the 12th day of April 2023


                           JUDGMENT

The above writ petition is filed with the following

prayers;

" i) Issue a writ of mandamus or any other appropriate writ, order or direction, directing the 4 th respondent to approve the appointment of the petitioner from the date of her initial appointment that is from 01.06.2010 instead of from 01.06.2011 with all consequential benefits in the light of Ext P5 judgment Or in the alternative

ii) Issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to consider and pass appropriate orders on Ext P6 revision in the light of Ext P5 judgment within a time frame.

iii) Issue such other writ, orders or directions as this Hon'ble Court may deem fit to grant

iv) It is also prayed that this Hon'ble Court may be pleased to dispense with the production of translation of vernacular documents produced in the writ petition"

(SIC)

2. When this writ petition came up for consideration,

the learned counsel for the petitioner submitted that, he will WP(C) NO. 13205 OF 2023

be satisfied if a direction is issued to the 1 st respondent to

consider and pass appropriate orders in Ext.P6 revision

within a time frame in the light of Ext.P5 judgment.

3. Heard the learned Counsel for the petitioner and

the learned Government Pleader.

4. After hearing both sides, I think this writ petition

itself can be disposed of directing the 1 st respondent to

consider and pass appropriate orders in Ext.P6 revision

within a time frame in the light of Ext.P5 judgment.

Therefore, this writ petition is disposed of with the

following directions;

i. The 1st respondent is directed to consider and pass

appropriate orders in Ext.P6 revision as expeditiously as

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

date of receipt of a copy of the judgment,

ii. While considering Ext.P6 revision, the 1 st

respondent will also consider the applicability of Ext.P5

judgment.

iii. Before passing final orders, the 1st respondent will

give an opportunity of hearing to the petitioner. WP(C) NO. 13205 OF 2023

iii. The petitioner will produce a certified copy of this

judgment before the 1st respondent for compliance.

Sd/-

P.V.KUNHIKRISHNAN JUDGE LU WP(C) NO. 13205 OF 2023

APPENDIX OF WP(C) 13205/2023

PETITIONER EXHIBITS :

EXHIBIT-P1 A TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER AS HIGH SCHOOL ASSISTANT (HSA) DATED 26.12.2011.

EXHIBIT-P2 A TRUE COPY OF THE STAFF FIXATION ORDER NO. D.DIS B2/6502/10 OF THE SCHOOL FOR THE YEAR 2010-11 DATED 02.02.2011. EXHIBIT-P3 A TRUE COPY OF THE APPLICATION FOR LEAVE SUBMITTED BY THE PETITIONER DATED 07.03.2011.

EXHIBIT-P4 A TRUE COPY OF THE ORDER ISSUED BY THE 2ND RESPONDENT DATED 01.09.2022 ALONG WITH THE ENDORSEMENT BY THE 3RD RESPONDENT DATED 19.09.2022.

EXHIBIT-P5 A TRUE COPY OF THE JUDGMENT IN WA NO.

931/2016 DATED 24.07.2017.

EXHIBIT-P6 A TRUE COPY OF THE MEMORANDUM OF REVISION PETITION DATED 10.03.2023 ALONG WITH POSTAL RECEIPT.

             // True Copy   //    PA To Judge